HomeMy WebLinkAboutContract 45883 UIN SECS 45��COWRACT NO.
NATURAL GAS PIPELINE LICENSE AGREEMENT
HIGHLAND HILLS PARK
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 BARNETT GATHERING, LLC
("Company"), a Texas limited liability company, acting by and through Edwin S. Ryan, Jr., its
duly authorized Vice President.
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 the transportation of Gas through a
public park known as Highland Hills Park for an approximate total distance of 204.10 feet within
a twenty foot (20') wide right of way corridor. 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 subsurface of Highland Hills 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 rn
c� controls, or is owned or controlled by, or is under common ownership or control
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with,the entity in question.
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a Agreement shall mean the authorization issued to Company hereunder to use a portion of
� a public park known as Highland Hills Park in the location as set out in Exhibit
"A" for (i)the construction, installation, maintenance and repair of Company's
o 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. '
Natural Gas Pipeline License Agreement River Park OFFICIAL RECORD
Page 1 of 45 CITY SECRETARY
FT.WORTH,TX
Company shall mean Barnett Gathering, LLC, a Texas 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 PACSD or that individual's authorized
representative.
Gas shall mean gaseous fuels such as natural gas, artificial gas, synthetic gas, liquefied
natural gas, manufactured gas, or any mixture thereof.
PACSD shall mean the City of Fort Worth Parks and Community Services Department.
Park shall mean only that portion of the dedicated public Highland Hills Park as
identified in Exhibit "A" of this Agreement, attached hereto and hereby made a
part of this Agreement for all purposes.
Person shall mean, without limitation, an individual, a corporation, a limited liability
company, a general or limited partnership, a sole proprietorship, a joint venture, a
business trust or any other form or business entity or association.
Pipeline shall mean that certain twelve inch (12") nominal diameter pipeline for an
approximate total distance of 204.10 feet and other facilities approved by the
Director that are installed by Company in the Park in accordance with this
Agreement and pursuant to the rules and regulations of the Railroad Commission
of Texas.
2. GRANT OF RIGHTS.
2.1. General Use of Park for Provision of Gas.
Subject to the terms and conditions set forth in this Agreement and the City
Charter and ordinances, the City hereby grants Company a license to (i) erect, construct,
install and maintain the Pipeline under, along and across the Park and (ii) transport Gas
through the portions of its Pipeline under, along 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.
Natural Gas Pipeline License Agreement Highland Hills Park
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2.2. Nonexclusive.
This Agreement and all rights granted to Company herein are strictly
nonexclusive. The City reserves the right to enter into and grant other and future licenses
and other authorizations for use of the Park to other Persons and entities in accordance
with applicable law and as the City deems appropriate; provided, however, that as to the
grant of subsequent licenses for use of the Park that is solely within the discretion of the
City, if a dispute arises as to priority of the use of the Park, the City will resolve such
dispute in a manner that does not result in unreasonable interference with Company's
operation of the Pipeline for the purposes provided for herein. This Agreement does not
establish any priority for the use of the Park by Company or by any present or future
licensees or other permit holders. In the event of any dispute as to the priority of use of
the Park, the first priority shall be to the public generally, the second priority to the City
in the performance of its various functions, and thereafter, as between licensees and other
permit holders, as determined by the City in the exercise of its powers, including the
police power and other powers reserved to and conferred on it by the State of Texas.
2.3. Other Permits.
This Agreement does not relieve Company of any obligation to obtain permits,
licenses and other approvals from the City or other regulatory agency necessary for the
construction, installation, maintenance or repair of Company's Pipeline or the
transportation of Gas through such Pipeline.
2.4. Bonds.
Prior to the commencement of any construction work in the Park, that requires a
cut, opening or other excavation, Company shall deliver to the City bonds executed by a
corporate surety authorized to do business in the State of Texas and acceptable to the City
in the proportional amount of the cost of work under the construction contract or
construction project that will be performed in the Park. The bonds shall guarantee (i)
satisfactory compliance by Company with all requirements, terms and conditions of this
Agreement and (ii) full payments to all persons, firms, corporations or other entities with
whom Company has a direct relationship for the performance of such construction,
maintenance or repairs.
If any such construction, maintenance and repair work is undertaken by a
contractor of Company, Company shall also require such contractor to deliver to
Company bonds executed by a corporate surety authorized to do business in the State of
Texas and acceptable to the City in the proportional amount of the cost of work under the
construction contract or construction project that will be performed by the contractor in
the Park. The bonds shall guarantee (i) the faithful performance and completion of all
construction, maintenance or repair work in accordance with the contract between
Company and the contractor and (ii) full payment for all wages for labor and services and
of all bills for materials, supplies and equipment used in the performance of that contract.
Such bonds shall name both the City and Company as dual obligees.
Natural Gas Pipeline License Agreement Highland Hills Park
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3. TERM
This Agreement shall become effective on the date as of which both parties have
executed it ("Effective Date") and shall expire at 11:59 P.M. Central Time 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 Ten Thousand Two
Hundred Thirteen Dollars and Sixteen Cents ($10,213.16) ("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 or
other taxing jurisdiction may from time to time impose on all other similarly situated
entities within the City or taxing jurisdiction. Company shall reimburse the City for
publication of this Agreement as required by the City's Charter.
4.3. Interest.
All sums not paid when due shall bear interest at the rate of ten percent (10%) per
annum or the maximum amount allowed by law, whichever is less, computed monthly. If
such outstanding sums are paid with interest within thirty (30) days following their
respective due dates, Company's failure to pay such sums by their respective due dates
shall not, in and of itself, constitute an Event of Default under Section 9 of this
Agreement.
5. REGULATORY AUTHORITY OF THE CITY.
Company's property and operations hereunder shall be subject to such regulation by the
City as may be reasonably necessary for the protection or benefit of the general public.
Company is obligated to construct, operate and maintain the Pipeline pursuant to the rules and
regulations as adopted and modified by the Texas Railroad Commission and in this connection
Company shall be subject to, be governed by and 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.
Natural Gas Pipeline License Agreement Highland Hills Park
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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 ten (10) business days in advance of the proposed
construction start date ("Notice of Commencement") and shall meet with appropriate
City staff for the purposes of a Pipeline pre-construction meeting not less than five (5)
business days prior to initiating construction. The purpose of the pre-construction
meeting shall be to address issues related to the installation of the Pipeline, including, but
not be limited to: (i) agreeing to the boundaries of any work areas to be used in the Park
for purposes of trenching or for storing equipment and supplies; (ii) agreeing to and
staking any access drives (the width of which shall not exceed twenty (20) feet) and any
turnaround areas to be used for ingress, egress, and turnaround for vehicles;
(iii) identifying trees within the Park (including those trees that are within fifty (50) feet
of any access drive) that are anticipated to be affected by the Pipeline installation and
therefore subject to required tree protection measures under this Agreement; and (iv)
establishing the details for the restoration of those areas of the Park that are disturbed by
or during installation.
6.1.2. Completion of Construction. Except as otherwise specified below,
Construction of the Pipeline shall be completed (i) within one (1) year from the date this
Agreement is signed by the City and (ii) within 120 days from the start date identified in
the Notice of Commencement. For purposes of this provision, the term "Construction"
shall include restoration of the Park. The completion deadline will be extended day for
day, for each day that Company's Construction is delayed under Section 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. Not less than five (5) business days after
receipt of Company's Notice of Commencement, the City shall notify the Company of
City plans that involve construction 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, licensees, 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. Not less than five (5) business days after receipt of the
Company's Notice of Commencement, the City shall notify the Company of planned
events in the Park that may conflict with Company's construction schedule. In order to
avoid any conflict with such events, 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. Conformance with Plans. The Pipeline will be constructed in accordance
with the specifications and in the areas of the Park indicated on Exhibit B". No surface
excavation or tree disturbance shall be allowed in the Park except where specified.
6.4.2 Pipeline Depth. For any installation by boring beneath the Park, the pipe
shall be placed at a minimum depth of six feet (6') unless otherwise specified in Exhibit
"B". For any open-trench installation within the Park, the pipe shall be buried at a
minimum depth of six feet (6') unless otherwise agreed to in Exhibit `B". For purposes
of this provision, the referenced depths shall be measured from the top of the pipe, as
installed, to the surface of the Park. The City shall have the right, but not the obligation,
to have an inspector present to verify the installed depth of the Pipeline.
6.4.3. Work Areas. Company shall specify work areas prior to construction and
shall 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. No equipment may be stored may be
stored within the Park at any location other than the designated work areas.
6.4.4. Trenching and Compaction. Any trenching required in connection with
the installation of the Pipeline shall be performed by double-ditching, with the top twelve
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inches (12") of soil being removed and stored separately from the balance of the dirt
being removed in making the ditch or trench for installation of the Pipeline. In
backfilling after installation of the Pipeline, the topsoil that was removed first shall be
placed back in the trench only after all remaining dirt has been resituated so as to result in
the topsoil being returned to the top of the ditch. After trenches have been refilled, they
shall be compacted to a minimum 90% Standard Proctor Density (S.S.T.M. D698).
Copies of all density testing shall be provided to a PACSD agent. Company shall verify
in writing that all trenching, backfilling, and compaction were performed in accordance
with the above requirements.
6.4.5. Ingress and Egress. The Company shall use only those access drives
agreed to and staked during the pre-construction meeting. Any access gates used by
Company shall either remain locked at all times or, when opened for use by Company, be
manned for security purposes. Company temporary access and turn around needs shall be
agreed upon and staked during the pre-construction meeting.
Company is to maintain and restore the utilized access drives to as good as or
better than existed before Company's construction activity. The width of any travel lane
shall not exceed twenty (20) feet. PACSD shall inspect the drive after its construction and
prior to its use to ensure compliance with the plan agreed upon at the pre-construction
meeting held in accordance with Section 6.1.1.
6.4.6. Equipment. The area defined as a temporary workspace for
equipment, storage of pipe and as a route of ingress and egress for vehicles shall be
approved at the pre-construction meeting as contemplated in Section 6.1.1. Equipment to
be stored on the Park must be cleared in advance with the Director.
6.4.7. Equipment Travel. All equipment shall remain within the license area of
the Park. Travel outside of such designated areas shall not be permitted. All access travel
ways 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 the Park surface shall be repaired or replaced to 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 than existed prior to the Company's construction activity in the Park.
6.4.8. Tracer Wire. The Company shall have the right to lay tracer (tracking)
wire on the surface of the Park to track the location of the pipe during installation.
6.4.9. Temporary Fencing. The perimeter boundaries of all bore pit areas,
travel ways, temporary workspace, and any storage areas are to be fenced with orange
vinyl fencing, which shall remain in place until such time as (i) the site has been restored
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by Company as provided in this Agreement and (ii) such restoration has been inspected
and accepted by the Director.
6.4.10. Vegetation Requirements. At the pre-construction meeting, Director
will identify trees that are anticipated to be affected by the Pipeline installation and
therefore are subject to protective measures as outlined herein, including, but not limited
to, any trees that are within fifty feet (50') of any access drive to be utilized by Company.
Prior to commencing any construction, Company will provide still photography or video
media showing the pre-construction condition of all identified trees. Before beginning
construction, Company will place orange mesh fencing around the critical root zone of
each identified tree. Once the tree protection fencing has been installed, Company shall
schedule a field inspection with PACSD to verify the location and installation of the
fencing. Company shall ensure the fencing remains in place throughout construction and
will take other reasonable measures to safeguard the identified trees. If any tree within
the Park is damaged in connection with operations performed by or on behalf of
Company, Company shall undertake remediation efforts, including paying of remediation
costs, in accordance with Section 6.5.
To minimize erosion and harm to grass or other ground cover plantings during the
Pipeline installation, Company shall provide ground cover for all disturbed surface areas.
Ground cover must be approved by PACSD and may include a combination of straw,
seeding, sod, or other materials. Following Pipeline completion, 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. 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
for use in surface restoration. Importing of outside soil shall not be allowed.
6.4.11. Surface Monitoring for Release of Fluids. During periods of active
boring, Company shall ensure that drilling mud pressures are continuously monitored and
that the entire length of the drill bore is visually inspected at least once daily to check for
any signs of drilling mud or other fluid flowing up to the ground surface. If drilling mud
or other fluid is detected on the Park surface, Company shall ensure that the Director is
notified immediately of the release. Company shall coordinate with the Director on a
plan of action to address the fluid release and shall be allowed access to the Park for
purposes of containment. At all times during boring operations, Company will have hard
copies of the Material Safety Data Sheets and the appropriate storm drain grid maps and
storm drain sheets on site at each drill location. Company shall ensure that sufficient
City-approved materials are delivered to the site within twelve (12) hours of initial fluid
detection to protect against drill mud or other fluids from entering the City's sanitary
sewer or stormwater drainage systems. To determine the extent of any contamination,
Company will ensure that testing is performed in and around the area of the release as
required by the Director.
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6.4.12. Foreign Material. For purposes of this section, the term "Foreign
Material" shall mean any material, substance, chemical, waste, contaminant, emission,
discharge, or pollutant regulated by any federal, state, or local law for the purpose of
protection of health, safety, or the environment, including, but not limited to, petroleum,
petroleum products, and waste products associated with petroleum production.
Except as otherwise provided in this Section, Company shall not knowingly cause
or permit any Foreign Material to be released, brought, stored, or produced on or in the
licensed area or City property in connection with Company's operations under this
Agreement, provided, however, that Company shall be authorized, to store, handle, and
use materials that are reasonably necessary for the construction or operation of the
Pipeline so long as (i) such materials are properly stored, handled, or used in accordance
with all applicable laws and the terms of this Agreement; and (ii) Company maintains
Material Safety Data Sheets on-site when such chemicals are present and provides that
information to the City on request. Company shall take all actions necessary to stop the
release or presence of Foreign Material in connection with Company's operations. Any
waste produced from Company operations will be the full responsibility of the Company
to cleanup, handle, store, transport and dispose. As part of the consideration for this
Agreement, Company waives any claim that this Agreement in any way confers
generator status on the City for waste produced from Company operations.
If, during the course of construction, operation, maintenance, repair, or
replacement of the Pipeline, Company encounters material that Company knows,
suspects, or has reason to believe constitutes Foreign Material, Company shall
immediately cease all activity, secure any material already at the surface and limit
disturbance of any buried material in the vicinity of the suspected Foreign Material.
Company shall notify the City in accordance with the Notice section of this
Agreement of any release from Company operations and the presence or release of
suspected Foreign Material or Foreign Material. NOTIFICATION MUST OCCUR
WITHIN ONE HOUR AFTER CONFIRMATION BY COMPANY'S
ENVIRONMENTAL HAZARD SERVICES PERSONNEL BUT UNDER NO
CIRCUMSTANCES LATER THAN TWELVE HOURS AFTER INITIAL RELEASE
OR DISCOVERY.
As part of the consideration for the license under this Agreement, Company shall
be responsible for the cost and expense necessary to construct, operate, maintain, repair,
or replace the Pipeline in accordance with any federal, state or local laws regulating the
environment as well as other applicable regulations. Company will be fully responsible
for, in accordance with any federal, state or local laws, testing, storing, removing,
loading, transporting, and disposing of Foreign Material and suspected Foreign Material
encountered during the construction, operation, maintenance, repair, or replacement of
the Pipeline. As part of the consideration for this Agreement, City waives any claim that
this Agreement in any way confers generator status on the Company for Foreign Material
and suspected Foreign Material that is pre-existing on City property.
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Any environmental assessment, cleanup, removal or disposal action will have to
meet the standards set forth by the City's Environmental Management Division. City
will provide necessary personnel to work with Company regarding suspected Foreign
Material or Foreign Material encountered during the work.
6.5. Damage to Trees During Construction, Maintenance or Repair.
In the event of any damage to trees during the construction, maintenance or repair of the
Pipeline Company shall comply with the following:
6.5.1 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 o£ $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.
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
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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 Company to PACSD at a rate of$200 per caliper inch.
6.5.3. In addition to damages assessed by PACSD, trees removed shall also be
subject to the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance.
6.6. Emergency Procedures.
6.6.1. For purposes of this Section, a public emergency shall be any condition
which, in the opinion of the City officials specified below, 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 that directly involves that portion of the
Pipeline located in the Park and necessitates immediate emergency response work or
repairs, Company may initiate the emergency response work or repairs or take any action
required under the circumstances provided that Company notifies the City as promptly as
possible. After the emergency has passed, Company shall apply for and obtain any
applicable federal, state and local permits, as may be adopted and amended from time to
time for the emergency work and otherwise fully comply with the requirements of this
Agreement.
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6.7. Surface Repairs Due to Installation or Other Company Activity.
Following any construction activity by or on behalf of the Company that affects
the surface of the Park (including construction activity related to initial installation,
operation, maintenance, or removal of the Pipeline), Company, at its 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 activity to a condition that is at least as good as the one in
which such property was found immediately prior to the construction activity. Unless
otherwise specified in this Agreement or by the City, Company shall diligently
commence such restoration within thirty (30) calendar days following the final date of
construction activity by or on behalf of the Company. All materials for restoration of the
Park shall be inspected and approved by the Director prior to placement. Any soil and
grass used in connection with the restoration shall be accompanied by supporting
documentation certifying that the quality meets or exceeds specifications required
pursuant to the specifications attached in Exhibit "C". All planting material shall be
inspected by the Director prior to installation. Company will water each affected area as
many times as necessary until a stand of grass is established comparable to that which
was originally in place before the construction activity. Surface areas to be restored shall
be determined by the Director. In the event of a gas, drill mud, or other spill, Company
shall immediately notify the City and coordinate with the Director 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
Title 49 Part 192 and as adopted and modified by the Texas Railroad Commission. The
Pipeline shall not exceed a nominal diameter of twelve inches (12") and a right of way
width of no more than twenty feet (20') throughout the entire length of the Park as
depicted on Exhibit"A."
Natural Gas Pipeline License Agreement Highland Hills Park
Page 12 of 45
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 Title 49 Part 192 and as adopted and modified by the Texas
Railroad Commission, with signage that 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
its services within the City without the approval of the Commission or successor agency
or any other regulatory authority with such jurisdiction.
Natural Gas Pipeline License Agreement Highland Hills Park
Page 13 of 45
4 1:
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, AT COMPANY'S SOLE COST AND EXPENSE, SHALL
INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS,
COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS
("INDEMNITEES'), FROM AND AGAINST ANY AND ALL DAMAGES,
INCL UDING L OST REVENUES, WHICH MA Y ARISE O UT 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
Natural Gas Pipeline License Agreement Highland Hills Park
Page 14 of 45
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 ACT(S) OR OMISSION(S) 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 FULL Y AD VISED
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, IF ANY, 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 SUCK
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
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.
Natural Gas Pipeline License Agreement Highland Hills Park
Page 15 of 45
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
not limited to, cancellation, termination, non-renewal or amendment, shall be made without
thirty(30) days' prior written notice to the City.
Natural Gas Pipeline License Agreement Highland Hills Park
Page 16 of 45
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.
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
Natural Gas Pipeline License Agreement Highland Hills Park
Page 17 of 45
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.
10.2. Remedies for Uncured Defaults.
Upon the occurrence of an Uncured Default, the City shall be entitled to exercise,
at the same time or at different times, any of the following remedies, all of which shall be
cumulative of and without limitation to any other rights or remedies the City may have:
10.2.1. Termination of Agreement.
Upon the occurrence of an Uncured Default, the City may terminate this
Agreement. Upon such termination, Company shall forfeit all rights granted to it
under this Agreement and, except as to Company's unperformed obligations and
existing liabilities as of the date of termination, this Agreement shall
automatically be deemed null and void and shall have no further force or effect.
Company shall remain obligated to pay and the City shall retain the right to
receive License Fees and any other payments due up to the date of termination.
Company shall remove the Pipeline from and restore the Park as and when
requested by the City. The City's right to terminate this Agreement under this
Natural Gas Pipeline License Agreement Highland Hills Park
Page 18 of 45
Section 10.2.1 does not and shall not be construed to constitute any kind of
limitation on the City's right to terminate this Agreement for other reasons as
provided by and in accordance with this Agreement; provided, however, that
Company may not abandon the Pipeline without the approval of the Commission
or successor agency or other regulatory authority with jurisdiction, if such action
without such approval is prohibited at the time by applicable federal or state law
or regulation.
10.2.2. Legal Action against Company.
Upon the occurrence of an Uncured Default, the City may commence
against Company an action at law for monetary damages or in equity, for
injunctive relief or specific performance of any of the provisions of this
Agreement which, as a matter of equity, are specifically enforceable.
11. PROVISION OF INFORMATION.
11.1. Filings with the Commission.
Company shall provide copies to the City of all documents which Company files
with or sends to the Commission concerning or related to its transportation of Gas
through or other operations in the City, including, but not limited to, filings related to (i)
tariffs; (ii) rules, regulations and policies requested, under consideration or approved by
the Commission; and (iii) applications and any supporting pre-filed testimony and
exhibits filed by Company or third parties on behalf of Company, on the same date as
such filings are made with the Commission. In addition, Company shall provide the City
upon request with copies of records, documents and other filings that Company is
required to maintain or supply to the Commission under any applicable state or federal
law, rule or regulation concerning or related to its transportation of Gas through or other
operations in the City.
11.2. Lawsuits.
Company shall provide the City with copies of all pleadings in all lawsuits to
which Company is a party and that pertain to the granting of this Agreement and/or the
transportation of Gas through the City within thirty (30) days of Company's receipt of
same.
12. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all rights and privileges granted by this Agreement, and not as an agent,
representative or employee of the City. Company shall have the exclusive right to control the
details of its business and other operations necessary or appurtenant to the transportation of Gas in
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
Natural Gas Pipeline License Agreement Highland Hills Park
Page 19 of 45
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between the City and Company.
13. ASSIGNMENT PROHIBITED.
Company may not assign or otherwise transfer any of its rights or obligations under this
Agreement unless specifically authorized in writing by the City, which authorization shall not be
unreasonably withheld; provided, however, that Company may make such an assignment of its
rights to an affiliated company without the consent of City, provided, that upon such assignment,
Company shall notify City within sixty (60) days of said assignment. An `affiliated company'
shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled
by, or is under common control with Company. For purposes of this clause, `control' means direct
or indirect ownership of fifty percent (50%) 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.
Except as otherwise provided below, notices required pursuant to the provisions of this
Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the
other parry, its agents, employees, servants or representatives, or (ii) received by the other party by
United States Mail,postage prepaid,return receipt requested,addressed as follows:
To THE CITY: To COMPANY:
City of Fort Worth Barnett Gathering,LLC
Parks and Community Services Director Attn: Edwin S. Ryan,Jr.
1000 Throckmorton 810 Houston Street
Fort Worth, TX 76102 Fort Worth,Texas 76102
with a copy to: with a copy to:
City of Fort Worth
Department of Law
Attn: Attorney for PACSD
1000 Throckmorton
Fort Worth,TX 76102
For notices regarding known or suspected Foreign Material (as defined in Section 6.4.12),
Company shall notify the City in accordance with the timelines specified in Section 6.4.12 via
telephone at(817) 922-3000 and via e-mail at stormwater@fortworthtexas.gov.
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.
Natural Gas Pipeline License Agreement Highland Hills Park
Page 20 of 45
r
16. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any rights that the City may have, either under this Agreement or the law,
shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert
any such right on any future occasion.
17. GOVERNING LAW AND VENUE.
This Agreement shall be construed pursuant to and in accordance with the laws of the
United States of America and the State of Texas. If any action, whether real or asserted, at law or in
equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use
of the Park, venue for such action shall lie exclusively in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas,Fort Worth Division.
18. CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement, Company's
Pipeline, Company's operations in the City, Company's transportation of Gas or Company's use of
the Park.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final
order entered by a court of competent jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement,
a court order shall be final only to the extent that all available legal rights and remedies pertaining to
such order, including, without limitation all available appeals, have been exhausted. In such an
event, the City and Company agree that they shall amend or have amended this Agreement to
comply with such final order entered by a court of competent jurisdiction.
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, natural disasters,
City Construction as defined by Section 6.1.4, and Park Events as defined by Section 6.1.5.
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
Natural Gas Pipeline License Agreement Highland Hills Park
Page 21 of 45
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.
EXECUTED as of the later date below:
CITY OF FORT WORTH: BARNETT GATHERING, LLC
1�Pte— By:
By:
Susan 1 s Edwin S.Ryan,Jr.
Assistant City Manager Vice President
Date: Date:
APPROVED AS TO FORM AND LEGALITY:
C , a
By: pi es C H
Assistant C"ttomey
CONTRACT AUTHORIZATION:
M&C: L-15695
ATTE °F 00
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By: �iL %�"� 0 0M
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f'City Secretary °°° °
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Natural Gas Pipeline License Agreement Highland Hills Park
Page 22 of 45
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this _.2k day of Ube, 2014, by
Susan Alanis,Assistant City Manager of the City of Fort Worth, Texas, a municil4al corporation,
on behalf of the City of Fort Worth, Texas.
( lOL& `-m
otary Public, State of Texa
'r.y- �. LINDA M.HIRRLINGER f
MY COMMISSION EXPIRES { My commission expires: �"al
February 2,2018
My commission number:
Natural Gas Pipeline License Agreement Highland Hills Park
Page 23 of 45
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this \ '4''day of
2014, by Edwin S. Ryan, Jr., Vice President of Barnett Gathering, LLC, a Texas limited liability
company, on behalf of said company.
00, c ��
Notary Public, State of Texas
CAMERON COOK
Notary Public,State of Texas
My Commission Explres
: November 05, 2016 My commission expires:
My commission number:
Natural Gas Pipeline License Agreement Highland Hills Park
Page 24 of 45
EXHIBIT A—page 1 of 2
LICENSE AREA
Company may only use approximately 204.1 Olinear feet crossing the Park as depicted below:
EXHIBIT "A"
TARRANT COUNTY, TEXAS
M. GARRISON SURVEY, A-598
P.O.B.
T.W._S.
(C11) N 89'24'40' E
MD. 1/2'I.R. 631.36' R IN D.(CM)NNL •'A .
N 89.24'40' E MAT AREA
73.49'
G
TEMPORARY WORK y
SPACE A"
(1.94 ACRES OR ,.O Q �'� '
84.587 SO FT.) O b
O� 90 LINE TABLE
HIGHLAND HILLS ADD. Gi o
LINE BEARING DISTANCE
CITY OF FORT WORTH (OWNER)
INST NO. 0190205850 1 528'23'47"E 20.00'
LOT 1. BLOCK 23 N}.
Nw `Jey'- 2 567'34'23"W 785.12'
3 S89'21'22"W 42.91'
1 4 N61'34'23"E 223.09'
CITY OF FORT WORTH 5 S28'23'47"E 75.25'
VOL. 4558, PG. 223 0 a O
CALLED 28.659 ACRES Nis 6 S25'42'23"W 21.98'
TEMPORARY CHniil y s.�
LINK FENCE �\ -�O � 7 S89'21'22"W 189.07'
8 v BOG 8 528'23'47"E 50.31'
.,1 9�PR 12 � 55 BALI-
FIELD 19 PR1NG FIELD * S 61.34.23' W
6S
20' PIPELINE EASEMENT 65.00' P_O.B.
LS Vii• `�6,L 3$Spv VOL. 9322, PG. 1556 T.W.S.
TEMPORARY WORK NORTH
07 SPACE "B" NORTH
(0.31 ACRES OR P.O.B.
8
DETAIL 13.628 SO FT.) 4 6
N.T.S. i-ARK1NG O P.O.B.
N 61'34'23' E LOT T.W.S.
318.62' 2 5 B
R S 89.21'22' W 03 T 6 SOUTH
107.94'
TEMPORARY WORK
PROPOSED 20' WIDE SPACE "B" SOUTH
ESTATE OF AMON G. LICENSE AREA (0.20 ACRES OR
CARTER, JR. e,ez(SO T.
VOL. 11676, PG. 10 F r f-I'4
CALLED 203.86 ACRES -`STER�G 2 W:.-•� 05NOTE: (CM) — CONTROL MONUMENT gQF�SS`
ALL EASEMENTS MAY NOT BE SHOWN /!n MURRAY
LICENSE AREA = 0.09 ACRES OR 4,082 SO FT. T GIST E A PROFESSIONAL
TOTAL TEMPORARY WORKSPACE = 2.45 ACRES OR REGISTERED PROFESSIONAL LANG SURVEYOR
107,042 SO FT. TEXAS REGISTRATION N0. 6059
BEARINGS BASED ON TEXAS STATE PLANE
DESCRIBED ON EXHIBIT 'B' ATTACHED HERETO COORDINATE SYSTEM NAD 83 (CORS), NORTH CENTRAL ZONE,
DERIVED FROM GPS OBSERVATIONS.
TITLE INFORMATION PROVIDED BY-
SUNDIAL ENERGY, LLC SHEET 1 ❑F 3
6 07 14 JC GENERAL REVISION B NETT GATHERING, LLC
5 QrP!-34 JC ADDED TREES TO SAVE
4 01-12-14 WDB REVISED TWS PER CFW
3 1N-17-14 WBB ADDED MAT AREA PROPOSED LICENSE AREA AND TEMPORARY WORKSPACE ON THE PROPERTY OF
REV. DATE I BY DESCRIPTION K. CITY OF FORT WORTH
PROJECT NO. 102908
TARRANT COUNTY. TEXAS
soave-- DRA91N BY: WBB DATE: 04/D1/u DWG. NO. REV.
Wood Group E�fETRATfONNO.l00,05-09 CHECKED BY: DATE:
Mustang- ,f°°RFoRr Wrfo n.P�aEn,s�fra Sao 102908-9�-0004 A
oar wof<rx,rains Taf ov
rxorva:alT-,vs-Duos SCALE: 1. 200' APP.:
Natural Gas Pipeline License Agreement Highland Hills Park
Page 25 of 45
r
Exhibit A—page 2 of 2
Legal Description of License Area
Being a 0.09 acre tract of land situated in the M. Garrison Survey, Abstract Number 598, Tarrant
County, Texas and being a portion of that certain 28.659 acre tract of land described by deed to
City of Fort Worth as recorded in Volume 4558, Page 223, County Records, Tarrant County,
Texas. Said 0.09 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a point in the common line of the east property line of said 28.659 acre
tract and the west right-of-way line of the Union Pacific Railroad (a variable width right-
of-way, 50' to centerline), said point bears S 28°23'47" E, a distance of 1334.49 feet from
a 60D Nail found marking the northeast corner of said 28.659 acre tract, said 60D nail
bears N 89°24'40"E, a distance of 631.36 feet from a 1/2 inch iron rod found at the
northwest property corner of said 28.659 acre tract:
THENCE with said common line, S 28°23'47" E, a distance of 20.00 feet to a point;
THENCE severing, over and across said 28.659 acre tract, S 61 034'23" W, a distance of
185.12 feet to a point in the south line of said 28.659 acre tract common with the north
line of that certain 203.86 acre tract of land described by deed to the Estate of Amon G.
Carter, Jr., as recorded in Volume 11676, Page 10, County Records, Tarrant County,
Texas;
THENCE with said common line, S 89°21'22" W, a distance of 42.91 feet to a point;
THENCE over and across said 28.659 acre tract, N 61°34'23" E, a distance of 223.09
feet to the POINT OF BEGINNING, and containing 0.09 acres or 4,082 square feet of
land, more or less.
Natural Gas Pipeline License Agreement Highland Hills Park
Page 26 of 45
EXHIBIT B—page I of 2
Installation Notes
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Natural Gas Pipeline License Agreement Highland Hills Park
Page 27 of 45
EXHIBIT B—page 2 of 2
Installation Notes
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Natural Gas Pipeline License Agreement Highland Hills Park
Page 28 of 45
EXHIBIT C—
Resotration Notes
SECTION 02300 -EARTHWORK
PART1 -GENERAL
1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and
services required to construct, shape, and finish earthwork to the required lines, grades,
and cross sections as specified herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Section 02200 - Site Preparation.
B. Grading Plan: Refer to plan sheets.
1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work.
The total cost will be included in the Bid Proposal. Payment will be made on a Lump
Sum basis only.
PART2 - PRODUCTS
2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all
excavation, unless separately designated, within the limits of the work. Unclassified
excavation includes all material encountered regardless of its nature or the manner in
which it is to be excavated.
2.02 UNCLASSIFIED FILL
A. Unclassified fill shall consist of all fill within the limits of the work. All suitable
native materials removed in unclassified excavation, or similar imported
materials, shall be used insofar as practicable as unclassified fill. Properly
deposited, conditioned, and compacted fill is hereinafter referred to as "earth
embankment."
B. Rock: Minor quantities of rock not greater than four inches in greatest dimension
are permissible in fill materials used to construct earth embankment. Minor
quantities of rock of greater dimensions may be placed in the deeper fills in
accordance with the State Department of Highways and Public Transportation
requirements for construction of rock embankments, provided such placement of
rock is not immediately adjacent to structures or piers. Also, rock may be placed
in the portions of embankments outside the limits of the completed graded width
where the size of the rock prohibits their incorporation in the normal embankment
layers.
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2.03 TOPSOIL
On-Site Topsoil: Topsoil shall consist of an average depth of six inches (6") 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.
2.04 IMPORTED FILL
A. Imported fill materials shall be used for the construction of earth embankment in
the event that(1) the volume of unclassified excavation is less than the volume of
fill required for earth embankment and/or(2)the condition of materials removed
in unclassified excavation makes them unsuitable for use in the construction of
earth embankment.
B. The 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 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 Architect/
Engineer may also require the Contractor to provided a material analysis test of
the proposed fill.
2.05 SELECT MATERIALS
A. Select materials shall be imported from offsite sources, unless they are available
from specifically designated areas on the site as marked on the plans.
2.06 UNSUITABLE MATERIALS
A. Topsoil, select material, imported fill, or unclassified fill will be declared as
"'unsuitable" by the Owner if, in his opinion, any of the following conditions or
matter and particles are present to a degree that is judged detrimental to the
proposed use of the material.
1. Moisture
2. Decayed or undecayed vegetation
3. Hardpan clay, heavy clay, or clay balls
4. Rubbish
5. Construction rubble
6. Sand or gravel
7. Rocks, cobbles, or boulders
Natural Gas Pipeline License Agreement Highland Hills Park
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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 Architect/Engineer may grant the
Contractor permission to process the material to reduce the moisture content to a
usable optimum condition.
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 (6") 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 Architect/Engineer.
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 or Architect/Engineer. 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.
D. 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.
Natural Gas Pipeline License Agreement Highland Hills Park
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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 inch in diameter or they shall be
removed. All rocks of one inch or greater shall also be removed. Grading
operations and equipment will be such that topsoil does not become
overcompacted. Bulldozer blades and front-end loader buckets are not acceptable
devices for topsoil grading operations. Final grading within five feet of
constructed or installed elements shall be hand raked.
G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade,
true in plane, even in gradient(slope), uniform in surface texture, and of normal
compaction. Areas of loose granular pockets or of overcompacted soils are not
acceptable and will be reworked. Finished areas will promote surface drainage
and will be ready for turfgrass planting.
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
(6") 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, 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
Natural Gas Pipeline License Agreement Highland Hills Park
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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 pneumatc tired roller, loaded dump truck, or similar piece of equipment
weighing approximately twenty five (25)tons except as otherwise specified for
tree protection and areas inaccessible to vehicular compactors. Stump holes or
other small excavations in the limits of the embankments shall be backfilled with
suitable material and thoroughly tamped by approved methods before
commencing embankment construction. The surface of the ground, including
plowed, loosened ground, or surfaces roughened by small washes or otherwise,
shall be restored to approximately its original slope by blading or other methods,
and, where 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 (6") inches to
provide a bond between the existing surface and the proposed embankment.
Scarification shall be accomplished by plowing, discing, or other approved
means. Prior to fill placement, the loosened material shall be adjusted to the
proper moisture content and recompacted to the density specified herein for fill.
E. Benching: Scarification is normally adequate for sloping surfaces. However, in
certain cases where fill is to be placed against hillsides or existing embankment
with slopes greater than 4:1, the Owner may direct the Contractor to key the fill
material to the existing slopes by benching. A minimum of two feet(2')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(8") inches in loose depth before conditioning and
compaction. Unless otherwise permitted, each layer of fill material shall cover
the length and width of the area to be filled and shall be conditioned and
compacted before the next higher layer of fill is placed. Adequate drainage shall
be maintained at all times.
G. Watering: At the time of compaction, the moisture content of fill material shall
be such that the specified compaction will be obtained, and the fill will be firm,
Natural Gas Pipeline License Agreement Highland Hills Park
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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 percent (2%)percentage points of optimum
moisture content.
B. Earth Embankment Under Structures and Pavement: The top six (6") inches of
natural earth comprising the subgrade for structural slabs or for areas of pavement
shall be ninety five percent (95%) to ninety eight percent (98%) of Standard
Density ASTM D698 with the moisture content at minus two percent (2%) to plus
four percent(4%) of optimum moisture content.
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 Contractor shall prevent
excessive loss of moisture in the embankment by sprinkling as required. Loss of
moisture in excess of two percent (2%)below optimum in the top twelve inches (12") of
the fill will require that the top twelve inches (12") of the embankment be scarified,
wetted, and recompacted prior to placement of the structure, select fill or pavement. If
desired, the 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.
END OF SECTION
Natural Gas Pipeline License Agreement Highland Hills Park
Page 34 of 45
EXHIBIT E
SECTION 02930 - 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".
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.
Natural Gas Pipeline License Agreement Highland Hills Park
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n
3. All seed shall be tested in a laboratory with certified results presented to the
City, in writing, prior to planting.
4. All seed to be of the previous season's crop and the date on the container
shall be within twelve months of the seeding date.
5. Each species of seed shall be supplied in a separate, labeled container for
acceptance by the City.
B. Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
1.04 JOB CONDITIONS
A. Planting Season: The season varies according to species (see Part 2 - Products).
Do not seed when soil is excessively wet or dry or when wind exceeds ten (10)
miles per hour.
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.
Natural Gas Pipeline License Agreement Highland Hills Park
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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%
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Lolium multiflorum 82% 80%
40 Bermuda(unhulled) Cynodon dactylon 84% 85%
2 Native grass seed - The seed shall be planted between February 1 and
October 1 and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
1.6 Green Sprangletop Leptochloa dubia
5.5 Sideoats Grama* Bouteloua curtipendula
3.7 Little Bluestem* Schizachyrium scoparium
17.0 Buffalograss Buchloe dactyloides
1.8 Indian Grass* Sorghastrum nutans
0.5 Sand Lovegrass* Eragrostis trichodes
6.0 Big Bluestem 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 1 and December 1 and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
3.0 Bush Sunflower Sinsia calva
5.0 Butterfly Weed Asclepias tuberosa
Natural Gas Pipeline License Agreement Highland Hills Park
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d '
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 Physostegia 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.
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.
Natural Gas Pipeline License Agreement Highland Hills Park
Page 38 of 45
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 I" from American Excelsior, 900 Ave. H East, Post Office Box
5624, Arlington, Texas 76001, 1-800-777-SOIL.
2.02 MIXING
Seed, mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed.
3. Mixture is applied within thirty (30) minutes after placed in the equipment.
PART 3—EXECUTION
3.01 SEEDED PREPARATION
A. Clear Surface of All Materials, Such As:
1. Stumps, stones, and other objects larger than one inch.
2. Roots, brush, wire, stakes, etc.
3. Any objects that may interfere with seeding or maintenance.
B. Tilling
1. In all compacted areas till one 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
3.04.13. 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
Natural Gas Pipeline License Agreement Highland Hills Park
Page 39 of 45
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 (1") 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
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 (21) 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.
Natural Gas Pipeline License Agreement Highland Hills Park
Page 40 of 45
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
Natural Gas Pipeline License Agreement Highland Hills Park
Page 41 of 45
SECTION 02930-TURF SODDING
PART 1-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, i
Second Edition, 1942.
B. For native materials
1!
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 r
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.
ti
B. Fertilizer
1. unopened bags labeled with the analysis.
2. Conform to Texas Fertilizer Law.
1.05 QUALI"IY 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.
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Natural Gas Pipeline License Agreement Highland Hills Park
Page 42 of 45
� S �
PART 2—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 ftmgus,disease, Iive plants,seed,excessive cotton lint and any
harmful chemicals. "New Life Soil Conditioner"or"Perma Green Compost",as specified below
or an approved equal,shall be used. Raw organics are not acceptable.
A. For soil with an alkaline pH 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 acidiepH condition: Ilse"Perma Green Compost"by Texas Earth
Resources, Inc. of Dallas,or"New Life Natural Grower"(ph 3.0 to 9.0)by Soil Building
Systems, Inc.,of Dallas.
C. Sample and Specit cation Submittal: Submit a producer's specification and a quart
sample of the compost proposed for the City's approval.
1T'RF sonoNG
'}.2.'930
Natural Gas Pipeline License Agreement Highland Hills Park
Page 43 of 45
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-
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.
0* C. Cleaning; Soil shall be further prepared by the removal of debris,building materials,
W* rubbish,weeds and stones larger than one inch in diameter.
00
D Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with
00 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
sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets,
'a 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 till
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.
3.04 FERTILIZING
Twenty-one days after planting, turfgrass areas shall receive an application of 3-1-2 fertilizer at
E! the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning.
END OF SEC I'ION
Natural Gas Pipeline License Agreement Highland Hills Park
Page 44 of 45
r
Natural Gas Pipeline License Agreement Highland Hills Park
Page 45 of 45
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 611012014
DATE: Tuesday, June 10, 2014 REFERENCE NO.: L-15695
LOG NAME: 80HIGHLAND PARK GAS PIPELINE TEMP WORKSPACE AGMT
SUBJECT:
Conduct a Public Hearing and Authorize Use of a Portion of the Subsurface of Highland Hills Park for the
Purpose of Installing a Twelve-Inch Natural Gas Pipeline, Authorize Execution of a License Agreement in
the Amount of$10,213.16 and Authorize Execution of a One-Hundred and Twenty Day Temporary
Construction Access Agreement in the Amount of$84,587.00 with Barnett Gathering, LLC (COUNCIL
DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists for the use of Highland Hills Park for the location of
the proposed natural gas pipeline;
3. Find that the proposed natural gas pipeline includes all reasonable planning to minimize harm to the
parkland, including that the pipeline will be constructed in Highland Hills Park as specified on the attached
exhibits and as noted in the discussion below;
4. Close the public hearing and authorize the use of approximately 0.0937 acre of dedicated parkland of
Highland Hills Park for the installation of a twelve-inch natural gas pipeline;
5. Authorize execution of a License Agreement with Barnett Gathering, LLC, for Highland Hills Park in the
amount of$10,213.16; and
6. Authorize execution of a one-hundred and twenty day Temporary Construction Access Agreement with
Barnett Gathering, LLC, for use of approximately 1.941 acres in Highland Hills Park in the amount of
$84,587.00 with proceeds dedicated to improvements at Highland Hills Park.
. Highland Hills Park - located at 1600 Glasgow Road, Mapsco 91V, east of Cloverdale Drive, west
of the Union Pacific Rail Road, north of Engblad Drive, south of Glasgow Road, in Council District 8.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the use of a portion of the
subsurface of Highland Hills Park for the purpose of installing a 12-inch natural gas pipeline and authorize
the execution of a License Agreement and Temporary Access and Workspace Agreement with Barnett
Gathering, LLC (BG).
The Parks and Community Services Department (PACSD) has been approached by BG, requesting to
Logname: 80HIGHLAND PARK GAS PIPELINE TEMP WORKSPACE AGMT Pagel of 3
install a natural gas pipeline in Highland Hills Park. The natural gas line would be servicing the XTO
Wesco, XTO Page Street and XTO Texas Steel Pad Sites. The proposed alignment would allow for a 12-
inch natural gas pipeline beneath the park. A 0.0937 acre area (approximately 4,082 square feet) is being
requested for installing the pipeline.
The location of the pipeline was chosen in consideration of the future development plans for Highland Hills
Park and much of the proposed pipeline will be located within the existing railroad right-of-way. BG has
agreed to maintain a minimum depth of six feet within the park.
Staff is recommending as a condition of granting this alignment, that BG be assessed the recommended
standard fee of$50.04 per linear foot of pipeline. This amount 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 in the amount of$10,213.16 will be assessed
for approximately 204.10 linear feet of pipeline. This assessment will be distributed in accordance with the
City's Financial Management Policy Statement, Gas Well Revenue Policy. A 20 year License Agreement
will be required for the pipeline.
Additionally, BG has requested the use of 84,587 square feet of parkland for 120 days to serve as a
temporary workspace in connection with the construction of the proposed gas pipeline. BG will be
charged a mitigation fee of$1.00 per square foot of temporary workspace for construction area on
parkland. A fee in the amount of$84,587.00 will be assessed for the temporary workspace. Due to the
fact that the mitigation fees are the direct result of temporary surface land use and disruption, it is
recommended that the funds generated from the park mitigation fees be used in Highland Hills Park for
park improvements in compliance with the Parks and Community Services Park Facility Development
Guidelines. A Temporary Access Agreement will be required. BG will be responsible for repairing and
restoring the park to its previous condition or better.
On May 28, 2014, the Parks and Community Services Advisory Board (PACSAB) endorsed Staffs
recommendation that the City Council authorize the use of approximately 0.093 acre of parkland in
Highland Hills Park as proposed. In accordance with state law, the public notice was advertised in the
Fort Worth Star-Telegram on May 20, 2014, May 27, 2014 and June 3, 2014. An exhibit map was
available for public review for 30 days at the PACSD administrative offices located at 4200 South
Freeway, Suite 2200.
A letter announcing the proposed use was sent to the president of the Highland Hills Neighborhood
Association on May 16, 2014. Signage was posted at the site noting the proposed use and providing
instructions for directing comments to the Parks and Community Services Department. During the public
hearing under Report of City Staff, Staff will note any public comments that have been received.
Highland Hills Park is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Parks and Community Services
Department is responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C282 466266 801929930500 $84,587.00
C282 446300 801929990300 $5,106.58
T122 446300 080192003371 $5,106.58
Logname: 80HIGHLAND PARK GAS PIPELINE TEMP WORKSPACE AGMT Page 2 of 3
i
i
CERTIFICATIONS:
Submitted for City Manager's Office by_ Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. 80HIGHLAND PARK GAS PIPELINE TEMP WORKSPACE AGMT.msq (CFW Internal)
2. MC Highland Hills Route.pd (Public)
3. MC Highland Hills.pd (Public)
Logname: 80HIGHLAND PARK GAS PIPELINE TEMP WORKSPACE AGMT Page 3 of 3
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