HomeMy WebLinkAboutContract 45882 9
CITY SECRETAW
TEMPORARY ACCESS PERMIT AND CONTRACT N0. Z
WORKSPACE LICENSE AGREEMENT
FOR HIGHLAND HILLS PARK
This Temporary Access Permit and Workspace License Agreement for Highland Hills
Park ("Permit") is made and entered into by and between the City of Fort Worth (hereinafter
referred to as "City"), a home-rule municipal corporation organized under the laws of the State
of Texas, acting by and through its duly authorized Assistant City Manager, and Barnett
Gathering, LLC (hereinafter referred to as "Company"), a Texas limited liability company,
acting by and through its duly authorized Vice President.
The following statements are true and correct and constitute the basis on which the City
has executed the Permit:
A. The City owns a certain piece of property known as Highland Hills Park (the
"Park"), 1600 Glasgow Road, Fort Worth, Texas 76134, more particularly
described as a 28.659 acre tract of land situated in the Mitchell Garrison Survey,
Abstract No. 598, City of Fort Worth, Tarrant County, Texas and described by
deed to City of Fort Worth as recorded in Volume 4558, Page 223, County
Records, Tarrant County, Texas.
B. Company wishes to use certain designated portions of the Park as temporary
workspace necessary for storage of materials and equipment and for stringing of
pipeline.
C. The City has reviewed Company's request and agrees to grant Company use of
the designated portions of the Park in accordance with the terms and conditions of
this Permit.
Agreement
I. Term
The term of this Permit shall consist of one (1) license period of one hundred twenty
(120) consecutive calendar days ("License Period"). The License Period shall commence
on the tenth business day following the date on which this Permit is executed by the City
("Commencement Date") and shall end at 11:59 P.M. on the one hundred twentieth day
following the Commencement Date ("Expiration Date"). Except as otherwise provided
in Section XIV, no use of or access to the Park or the Licensed Premises shall be allowed
outside of the designated License Period.
Company's rights in the Licensed Premises hereunder shall be strictly limited and shall
fully and absolutely terminate and be of no further force and effect at the conclusion of
the License Period except as otherwise provided in Section XIV. Except as otherwise
provided in Section XIV, after the License Period ends, all rights of the Company in and
to the Licensed Premises shall, automatically and without the need for any further
documentation, fully and unconditionally terminate, whereupon the Company shall have
no right of entry or use of the Licensed Premises whatsoever.
OFFICI7RECORD Access Permit and Workspace License Agreement for Highland Hills Park CITY of 3 F FT.N ,
II. Consideration; Liquidated Damages for Holdover
Within five (5) days of the date on which this Permit is fully executed, Company shall
deliver to the offices of the City's Parks and Community Services Department (the
"Department"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of a
License Fee of Eighty Four Thousand Five Hundred Eighty Seven Dollars
($84,587.00) as full and complete compensation for the rights and privileges granted
under this Permit.
In addition to any other payment required hereunder, the Company has agreed, on or
prior to the Effective Date, to donate to the City the sum of Seven Thousand Dollars
($7,000.00) for tree planting within the City of Fort Worth park system ("Donation").
Company hereby acknowledges and agrees that the Donation is non-refundable and is
being made as a sign of good will and appreciation for the City's park system and its
users.
In addition, to ensure Company's diligence in complying with this Permit and to
minimize impact to the Park, if the Company fails to vacate the Licensed Premises on or
before the Expiration Date, the Company agrees to pay the City, as the City's sole and
exclusive remedy for the Company's failure to vacate the Licensed Premises prior to the
Expiration Date, liquidated damages of Seven Hundred Five Dollars ($705.00) per day
for each day beyond the Expiration Date that the Company continues to occupy the
Licensed Premises. This amount is the equivalent of a monthly rental rate of
approximately one dollar per square foot, which the parties agree reasonably
approximates the actual damages to the City for delay in regaining full and
unencumbered use of the property.
III. Licensed Premises
Subject to the terms and conditions set forth in this Permit and the City Charter and
ordinances, for and in consideration of the payment to be provided hereunder and the
other covenants and promises expressed herein, the City does hereby agree to license to
the Company during the License Period the use of the following three tracts of land
(collectively the "Licensed Premises") located in Highland Hills Park (the "Park"), 1600
Glasgow Road, Fort Worth, Texas 76134:
Tract One—Temporary Workspace "A"
Being a 1.94 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 1.94 acre tract
being more particularly described by metes and bounds as follows:
BEGINNING at a 60D Nail found marking the northeast corner of said
28.659 acre tract said 60D nail also being in the west right-of-way line of
the Union Pacific Railroad (a variable width right-of-way, 50' to
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centerline), and 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 the common line of the east property line of said 28.659
acre tract and the west right-of-way line of said railroad, S 28°23'47" E, a
distance of 1284.18 feet to a point;
THENCE severing, over and across said 28.659 acre tract as follows:
S 61°34'23" W, a distance of 65.00 feet to a point;
N 28°23'47" W, a distance of 1318.50 feet to a point in the north
line of said 28.659 acre tract;
THENCE with said north line, N 89°24'40" E, a distance of 73.49 feet to
the POINT OF BEGINNING, and containing 1.94 acres or 84,587
square feet of land, more or less.
The location of Tract One is shown on Exhibit A, which is attached hereto and
incorporated herein for all purposes as though it were set forth at length.
Tract Two—Temporary Workspace "B" North
Being a 0.31 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 0.31 acre tract
being more particularly described by metes and bounds as follows:
BEGINNING at a point in 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 28 023'47" E, a
distance of 1284.18 feet from a 60D Nail found marking the northeast
corner of said 28.659 acre tract, and 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 the common line of the east property line of said 28.659
acre tract and the west right-of-way line of said railroad, S 28°23'47" E, a
distance of 50.31 feet to a point;
THENCE severing, over and across said 28.659 acre tract, S 61°34'23"
W, a distance of 223.09 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;
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THENCE with said common line, S 89°21'22" W, a distance of 107.94
feet to a point;
THENCE over and across said 28.659 acre tract, N 61°34'23" E, a
distance of 318.62 feet to the POINT OF BEGINNING, and containing
0.31 acres or 13,628 square feet of land, more or less.
The location of Tract Two is shown on Exhibit A, which is attached hereto and
incorporated herein for all purposes as though it were set forth at length
Tract Three—Temporary Workspace "B" South
Being a 0.20 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 0.20 acre tract
being more particularly described by metes and bounds as follows:
BEGINNING at a point in 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 1354.49 feet from a 60D Nail found marking the northeast
corner of said 28.659 acre tract, and 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 the common line of the east property line of said 28.659
acre tract and the west right-of-way line of said railroad, S 28°23'47" E, a
distance of 75.25 feet to a point;
THENCE severing, over and across said 28.659 acre tract, S 25°42'23"
W, a distance of 21.98 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 189.07
feet to a point;
THENCE over and across said 28.659 acre tract, N 61°34'23" E, a
distance of 185.12 feet to the POINT OF BEGINNING, and containing
0.20 acres or 8,827 square feet of land, more or less.
The location of Tract Two is shown on Exhibit A, which is attached hereto and
incorporated herein for all purposes as though it were set forth at length.
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The parties agree and acknowledge that the bearings used in describing the boundaries of
the Licensed Premises are based on the Texas State Plane Coordinate System, NAD 83 (CORS),
North Central Zone, derived from GPS observations.
IV. Acceptance of Licensed Premises
The Company takes all portions of the Licensed Premises and all appurtenances in "AS
IS" condition without any express or implied warranty on the part of the City. The
Company accepts the Licensed Premises in their present condition, finds them suitable
for the purposes intended, and further acknowledges that Company is thoroughly familiar
with such condition by reason of personal inspection and does not rely on any
representations by the City as to the condition of the Licensed Premises or their
suitability for the purposes intended. The Company accepts the Licensed Premises
subject to any and all previously recorded easements that may have been granted on,
along, over, under, or across said property, and releases the City from any and all
damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees,
or trespassers by reason of the exercise of such rights or privileges granted in said
easements. The Company's taking possession of the Licensed Premises shall be
conclusive evidence that: (a) the Licensed Premises are suitable for the purposes and
uses for which same are licensed; and (b) the Company waives any and all defects in and
to the Licensed Premises and all the appurtenances thereto. The City shall not be liable
to the Company, its agents, employees, contractors, subcontractors, invitees,
licensees, or guests for any damage to any person or property due to the acts or
omissions of the Company, its agents, employees, contractors, or subcontractors,
unless such damage is caused by the gross negligence or willful misconduct of City
or its agents, employees, separate contractors, or subcontractors.
V. Use Not Exclusive
This Permit and all rights granted to Company herein are strictly non-exclusive. The City
reserves the right to enter into and grant other and future licenses, leases, and other
authorizations for use of the Park and the Licensed Premises to other persons and entities
as the City deems appropriate in accordance with applicable law; provided, however, that
in granting subsequent authorization for use, the City will not allow a use that will
unreasonably interfere with the Company's use of the Licensed Premises as provided
herein. This Permit does not establish any priority for the use of the Park or the Licensed
Premises by the Company or by any present or future licensees or other permit holders.
In the event of any dispute as to the priority of use of the Park or the Licensed Premises,
the first priority shall be to the public generally, the second priority to the City in the
performance of its various functions, and thereafter, as between licensees and other
permit holders, as determined by the City in the exercise of its powers, including the
police power and other powers reserved to and conferred on it by the State of Texas.
VI. Limitations on Use
The Company may not initiate any construction on the Licensed Premises (including, but
not limited to, any excavation work) until Company has provided the City copies of all
agreements with Union Pacific Railroad for use of land required for this project.
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The Company shall schedule a pre-construction meeting with staff in the Parks and
Community Services Department at least three (3) business days prior to initiating any
construction on the Licensed Premises (including, but not limited to, any excavation
work). The pre-construction meeting shall be for purposes of outlining Company's plans
and schedules regarding: (i) mobilization and access to property, (ii) minimizing
construction impact on vegetation and the Park in general, and (ii) restoration of all
affected parkland and amenities.
All Company equipment and materials shall be placed and maintained solely within the
confines of the Licensed Premises. Company understands and acknowledges that access
to the Licensed Premises shall be accomplished from the southern portion of the park via
the adjacent property owned by the Estate of Amon G. Carter et al. Use of any portion of
the Park outside of the Licensed Premises shall not be permitted.
VII. Public Safety
Company shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with Company's use of the Licensed Premises
and the Park.
At a minimum, Company shall: (i) install and maintain construction fencing as depicted
in Exhibit A;.and (ii) erect a controlled-access entry in the perimeter construction fencing
in the form of a gate, chain link fence, or similar structure to ensure that unauthorized
personnel cannot enter the Licensed Premises. Following installation of the fencing and
controlled-access entry, the Company shall contact the Department to inspect for proper
installation. The controlled-access entry shall be kept locked when not in use, and the
Company shall provide the Department with keys for all fence and entry locks. At no
time shall any fenced area be left open unless staffed by security personnel.
In addition, Company shall provide construction and maintenance signs and sufficient
barricades at work sites to protect the public. The use of traffic control devices shall be
consistent with the standards and provisions of Part VI of the Texas Manual on Uniform
Traffic Control Devices. Company shall utilize appropriate warning lights at all
construction and maintenance sites where one or more traffic lanes are closed or
obstructed during nighttime conditions. Company shall also take all necessary
precautions and shall provide all necessary protection to prevent damage, injury, or loss
to (a) all persons accessing portions of the Licensed Premises on which any construction
is being performed by or on behalf of the Company; (b) all work performed on or from
the Licensed Premises and all materials and equipment to be incorporated therein that are
under the care, custody, or control of the Company, or the Company's employees, agents,
contractors, or subcontractors, regardless of whether such material and equipment is
stored on or off the Licensed Premises; and (c) other property on or adjacent to the
Licensed Premises.
VIII. Protection of the Environment
The City has no knowledge of any Hazardous Materials on, under, over, or about the Park
or the Licensed Premises as of the execution date of this Permit and hereby represents
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and warrants that it shall not knowingly, nor permit any third party to, use, handle, or
store any Hazardous Materials on, under, over, or about Park or the Licensed Premises in
violation of any applicable laws. Company shall not handle or store any Hazardous
Materials on the Licensed Premises or the Park, except that the Company may, in
compliance with applicable environmental laws and the terms of this paragraph, use and
store Hazardous Materials in such amounts and types that are commonly used in
connection with pipeline boring operations, provided, however, that Company
specifically agrees to (1) place impermeable liner material around the entire perimeter of
the borehole to contain all fluids associated with pipeline horizontal directional drilling
and (2) remove any and all spilled or overflow fluids from the Park on or before the close
of each business day during the License Period. Company shall not introduce, use,
generate, store, accept, or dispose of on, under, or about, transport across, or permit to
exist on the Licensed Premises or the Park any "treatment, storage or disposal facility" or
"underground storage tank," as those terms are defined under applicable environmental
laws. For purposes of this Permit, "Hazardous Materials" shall mean potentially
dangerous hazardous wastes, toxic substances, or related materials, including, but not
limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels
(including crude oil or any fraction or derivative thereof); underground storage tanks, and
substances considered hazardous, toxic, or the equivalent pursuant to applicable laws.
Any Hazardous Materials used by the Company on the Licensed Premises shall be posted
on site and a list shall be given to City.
Company shall take commercially reasonable steps to avoid creating or aggravating any
condition at the Park or the Licensed Premises that could present a threat to human health
or to the environment.
IX. Documenting Condition of Licensed Premises
Company must provide the Parks and Community Services Department with
videographic documentation of the condition of the Licensed Premises, including any
underground utilities, as they exist both before and after installation of the pipeline. All
such video must include a visible date and time stamp indicating when the videography
occurred. Company must submit documentation of the pre-installation condition at least
five (5) business days prior to the date on which the License Period will commence
under Section I of this Permit. Post-installation documentation must be submitted no
later than five (5) business days after the last day of the License Period. Parks and
Community Services Department staff will distribute copies of the documentation to all
appropriate City personnel to determine whether any damage has been done to the
Licensed Premises.
X. Minimizing Impact to Vegetation
Company shall not cut or remove any trees on the Licensed Premises. To minimize
damage during construction, the Company shall install orange mesh fencing on the
outside drip line of trees and other vegetation specifically identified by the Parks and
Community Services Department at a pre-construction meeting and as outlined in
accordance with Exhibit B, which is attached hereto and incorporated herein for all
purposes. Company shall notify this department once the tree and vegetation protection
measures have been installed and allow the department an opportunity to inspect the
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work before construction begins. The City shall have at least two business days
following the date on which notice is received to conduct its inspection. The Company
may begin construction on or after the third business day following the date on which it
provided notice to the City unless the City contacts the Company and identifies specific
issues that render the tree and vegetation protection measures unacceptable. If any tree
within the Park is damaged in connection with Company's operations, Company agrees
to undertake remediation efforts, including paying of remediation costs, in accordance
with Exhibit C, which is attached to this Permit and incorporated herein for all purposes
as though it were set forth at length.
XI. Minimizing Impact to Utilities
If the Company encounters any utility infrastructure (including, but not limited to,
electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of
or in connection with Company's use of the Licensed Premises, the Company covenants
and agrees to cease construction operations and install protective matting over or around
such utilities in compliance with specifications approved by the City's Water Department
or by the Parks and Community Services Department. Following installation of the
matting, Company shall contact the Parks and Community Services Department to
arrange for inspection and approval by appropriate City personnel.
The Company shall provide the Parks and Community Services Department with a copy
of the City's inspection report within twenty-four (24) hours of receiving the report and
prior to resuming construction in the Park. The Company may resume construction on
the next day after the date on which it provides the inspection report and specifications to
the Parks and Community Services Department unless that department contacts the
Company and identifies specific issues that must be addressed.
XII. Restoration of Improvements
To the extent any property, fence, or other improvement is destroyed, removed, or altered
in connection with the Company's activities under this Permit, the Company shall, prior
to the Expiration Date, reconstruct and restore such improvement in a good and
workmanlike manner to a condition that is equal to or better than the one in which such
improvement existed as of the date this Permit is fully executed, as evidenced by the pre-
installation video required under Section IX of this Permit.
XIII. Restoration of Surface and Subsurface of Licensed Premises
To the extent any portion of the surface or subsurface of the Licensed Premises or of the
Park is damaged or disturbed in connection with Company's activities under this Permit,
the Company shall, prior to the Expiration Date, ensure any subsurface area is promptly
filled with clean fill dirt up to the level of the surrounding ground. Company shall ensure
any fill dirt is compacted to a compression ratio of and least 90% and in accordance with
all applicable laws. Company shall provide the City with a report or other written
documentation acceptable to the Parks and Community Services Department to
demonstrate that compaction was performed in accordance with this section. In
performing earthwork in the Park or Licensed Premises, the Company shall adhere to the
policies outlined in Exhibit D, which is attached to this Permit and incorporated herein
for all purposes as though it were set forth at length.
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In addition, Company shall, prior to the Expiration Date, restore the surface of the
Licensed Premises by: (i) establishing replacement turf of Common Bermuda grass in
accordance with the specifications outlined in the attached Exhibit E and using reseeding,
sodding, or other method approved by the Parks and Community Services Department;
and (ii) watering these areas as needed until the replacement vegetation is reasonably
established and has been approved and accepted by the Parks and Community Services
Department. Prior to planting, Company shall provide the Parks and Community
Services Department with documentation certifying the type and quality of the materials
to be planted. The Parks and Community Services Department may, in exercise of
reasonable discretion, reject any plant material that does not meet the requirements of this
section or Exhibit E or is otherwise unacceptable for one or more specific, clearly
identified reasons.
XIV. Discretionary Limited Access to Care for and Establish Veizetation
Company may request limited access to the Licensed Premises to water, care for, and
establish replacement vegetation required under Section XIII ("Limited Access"). A
request for Limited Access must be made in writing and delivered to the Parks and
Community Services Department at least two weeks prior to the Expiration Date.
Replacement vegetation or seed must be in place at the time the request is made.
The Parks and Community Services Department may, in its reasonable discretion,
authorize Limited Access for a period not to exceed two weeks from the Expiration Date.
During the Limited Access period, no Company materials or equipment may remain on
the Licensed Premises with the exception of equipment directly involved in irrigation and
temporary fencing used to protect areas being restored. Company's use of the Licensed
Premises under Limited Access in accordance with this Section shall not constitute
holdover or a delay in restoration for purposes of Section I or Section XV.
XV. Delay in Restoration
To ensure Company's diligence in complying with this Permit and to minimize impact to
the Park and except as otherwise provided in Section XIV, if the Company fails to
complete all required restoration on or before the Expiration Date, the Company agrees to
pay the City liquidated damages of Seven Hundred Five Dollars ($705.00) per day for
each day beyond the Expiration Date that restoration remains incomplete. This amount is
the equivalent of a monthly rental rate of approximately one dollar per square foot, which
the parties agree reasonably approximates the actual damages to the City for delay in
regaining full and unencumbered use of the property.
XVI. Removal of Excavated Materials
Company shall ensure that all drilling mud spoils and all excess material excavated by or
for Company are removed from the Park and properly disposed of within twenty-four
(24) hours of excavation unless such material is stored in a containment facility. Material
stored in a containment facility may remain on the Licensed Premises no longer than ten
(10) calendar days following the date of excavation.
XVII. Submission of As-Built Plans for Pipeline
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The Company shall, at its sole cost and expense, provide the City with four (4) paper
copies and two (2) electronic copies of the as-built plans for all portions of the gas
pipeline located within the Park, including all associated maps and other supporting
documentation. In addition, the Company agrees to fully cooperate with the City in
ensuring that the pipeline is accurately reflected in the City's mapping systems.
XVIII.Liability; Indemnification.
Company agrees to pay City for all damages suffered or incurred by City, either directly
or indirectly, as a result of any operations on or from the Licensed Premises conducted
for or by Company, its agents, employees or representatives, including all damage or
injury to standing or fallen timber, buildings, fences, equipment, and all other property,
whether real or personal.
Company covenants and agrees to and does hereby indemnify, hold harmless, and
defend, at its own expense, City, its officers, servants and employees, from and
against any and all claims or suits for property loss or damage and/or personal
injury, including death, to any and all persons, of whatsoever kind or character,
whether real or asserted, arising out of the acts or omissions of the Company, its
officers, agents, employees, subcontractors, invitees, licensees, and trespassers.
Company likewise covenants and agrees to, and does hereby, indemnify and hold
harmless City from and against any and all injuries, damage, loss, or destruction to
property of City during the performance of any of the terms and conditions of this
Permit. However, the indemnity provided for in this paragraph shall not extend to
any liability resulting from the sole negligence of the City or its officers, agents,
employees, or separate contractors, and, in the event of joint and concurrent
negligence of both the Company and the City, responsibility and liability, if any,
shall be apportioned comparatively in accordance with the laws of the State of
Texas. Nothing herein shall be construed as a waiver of the City's governmental
immunity as further provided by the laws of the State of Texas.
Company covenants and agrees that City shall no way or under any circumstances
be responsible for any property belonging to Company, its members, employees,
agents, contractors, subcontractors, invitees, licensees, or trespassers that may be
stolen, destroyed, or in any way damaged, and Company hereby indemnifies and
holds harmless City from any and all such claims. City does not guarantee police
protection and will not be liable for any loss or damage sustained by Company, its
members, employees, agents, contractors, subcontractors, invitees, licensees, or
trespassers on any of the Premises.
Company agrees that City shall not be liable for any loss, injury, or damage
whatsoever suffered or incurred by Company or Company's agents, employees or
representatives while on the Licensed Premises, unless caused by the City's willful
or gross negligence.
XIX. INSURANCE
Duty to Acquire and Maintain
Company shall ensure that a policy or policies of insurance are procured and maintained
at all times, in full force and effect, to provide coverage of the types and amounts
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specified herein, naming the City as an additional insured and covering all public risks
related to the use, occupancy, condition, maintenance, existence, or location of the Park
and the construction, installation, operation, maintenance, repair, reconstruction, or
condition of the pipeline. The insurance required hereunder may be met by a
combination of self-insurance and primary and excess policies.
Types and Amounts of Coverage Required
Commercial General Liability:
$1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for the
following: (i) Premises Liability; (ii) independent contractors; (iii) products/completed
operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and
underground property damage
Property Damage Liability:
$1,000,000.00 per occurrence
Umbrella Policy
$5,000,000.00
Environmental Impairment Liability (EIL) &/or Pollution Liability
$2,000,000 per occurrence
$5,000,000 aggregate
Automobile Liability:
$1,000,000.00 per accident, including, but not limited to, all owned, leased, hired, or non-
owned motor vehicles used in conjunction with the rights granted under this Permit
Worker's Compensation:
As required by law
Employer's Liability:
$1,000,000.00 per accident
Revisions to Required Coverage
At the reasonable recommendation of the City's Risk Manager, the City may at any time
revise insurance coverage requirements and limits required by this Permit. Company
agrees that within thirty (30) days of receipt of written notice from the City, all such
revisions requested by the City will be implemented. The policy or policies of insurance
shall be endorsed to provide that no material changes in coverage, including, but not
limited to, cancellation, termination, non-renewal, or amendment, shall be made without
thirty (30) days' prior written notice to the City.
Underwriters and Certificates
Company shall ensure that insurance is procured and maintained with underwriters who
are authorized to do business in the State of Texas and who are reasonably acceptable to
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the City in terms of solvency and financial strength. Within ten (10) business days
following execution of this Permit, Company shall ensure that City is furnished with
certificates of insurance signed by the respective companies as proof that the types and
amounts of insurance coverage required herein have been obtained. In addition,
Company shall, on demand, provide the City with evidence that it has maintained such
coverage in full force and effect.
Deductibles
Deductible or self-insured retention limits on any line of coverage required herein shall
not exceed $500,000.00 in the annual aggregate unless the limit per occurrence or per line
of coverage, or aggregate is otherwise approved by the City.
No Limitation of Liability
The insurance requirements set forth in this section and any recovery by the City of any
sum by reason of any insurance policy required under this Permit shall in no way be
construed or affected to limit or in any way affect Company's liability to the City or other
persons as provided by this Permit or law.
XX. Prohibition Against Liens
The Company shall not do any act or make any contract that may be purported to create
or be the foundation of any lien on or any interest in the Licensed Premises or the Park.
Any such act, contract, or lien attempted to be created shall be void. Should any
purported lien on the Licensed Premises be created or filed, the Company shall, at its sole
expense, liquidate and discharge same within ten (10) business days after notice from the
City to do so
XXI. Notices
All notices required or permitted under this Permit shall be conclusively determined to
have been delivered when (i) hand-delivered to the other party, its agent, employee,
servant, or representative, or (ii) received by the other party by reliable overnight courier
or United States Mail, postage prepaid, return receipt requested, at the address stated
below or to such other address as one party may from time to time notify the other in
writing.
To THE CITY: To COMPANY:
Director
Parks and Community Services Barnett Gathering, LLC
City of Fort Worth Attn: Edwin S. Ryan, Jr.
4200 South Freeway, Ste 2200 810 Houston Street
Fort Worth, Texas 76115 Fort Worth, TX 76102
With a copy to: With a copy to:
Department of Law
City of Fort Worth
Access Permit and Workspace License Agreement for Highland Hills Park Page 12 of 34
Attn: Denis C. McElroy
1000 Throckmorton
Fort Worth, Texas 76102
XXII. Independent Contractor
It is expressly understood and agreed that Company shall operate as independent entity in
each and every respect hereunder and not as an agent, representative, or employee of the
City. Company shall have the exclusive control and the exclusive right to control all
details and day-to-day operations and activities relative to operation of the Company and
installation of the pipeline and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees.
Company acknowledges that the doctrine of respondeat superior shall not apply as
between the City and Company, its officers, agents, servants, employees, contractors,
subcontractors, licenses, and invitees. Nothing contained in this Permit shall be
construed as the creation of a partnership or joint enterprise between the City and
Company.
XXIII.Prohibition Against Assignment
The Company may not sell, assign, or otherwise transfer any of its rights or obligations
under this Permit without the prior, written consent of the City. Any such attempted
assignment without the City's consent shall be void.
XXIV.Compliance with Laws and Regulations
In operating under this Permit, Company agrees to comply with all applicable federal,
state, and local laws, regulations, and ordinances, including all City ordinances, charter
provisions, and rules, regulations, and requirements of the City's Police, Fire, Code
Compliance, Transportation and Public Works, and Health Departments.
Company will not knowingly do or suffer to be done anything on said Licensed Premises
during the terms of this Permit in violation of the laws, statutes, ordinances, rules,
regulations, charter provisions, directives or requirements referenced in this Permit. If
the City calls the attention of Company to any such violation on the part of said Company
or any person employed by or admitted to said Licensed Premises by Company,
Company will immediately (or otherwise as soon as reasonably possible) desist from and
correct such violation and/or vacate the Licensed Premises.
XXV. Taxes
The Company acknowledges and agrees that it shall be solely responsible for paying
all taxes assessed or imposed by any governmental entity in connection with the
construction, installation, operation, maintenance, repair, or reconstruction of the
pipeline and with the use of the Licensed Premises or other City property related to
activities within the scope of this Permit.
XXVI.Third Parties
Nothing in this Permit shall be construed in any manner to create a cause of action for the
benefit of any person not a party to this Permit, or to create any rights not otherwise
Access Permit and Workspace License Agreement for Highland Hills Park Page 13 of 34
existing at law for the benefit of any person not a party to this Permit. Nothing in this
Permit shall be deemed to constitute a waiver of any immunity or affirmative defense that
may be asserted by Company or the City as to any claim of any third party.
XXVII. Force Maieure; Homeland Security
If either party is unable, either in whole or part, to fulfill its obligations under this Permit
due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department,
commission, or agency of the United States or of any state; declaration of a state of
disaster or emergency by the federal, state, county, or City government in accordance
with applicable law; any arrests and restraints; civil disturbances; or explosions; or some
other reason beyond the party's reasonable control (each a "Force Majeure Event"), the
obligations so affected by such Force Majeure Event will be suspended only during the
continuance of such event. If the Licensed Premises or any portion thereof shall be
destroyed or rendered unsafe for use or occupation by reason of a Force Majeure Event,
the City may, in its reasonable discretion and after consulting with Company, either
cancel or reschedule the Company's activities. The Company hereby waives any claim
against City for damages by reason of any such rescheduling or cancellation.
If the United States Department of Homeland Security issues a Level Orange or Level
Red Alert, the City, in its sole discretion, may cancel or postpone scheduled Company
activity in the interest of public safety.
XXVIII. Headines
The section headings contained herein are solely for convenience in reference and are not
intended to define or limit the scope of any provision of this Permit.
XXIX.Choice of Law; Venue
This Permit shall be governed by and construed in accordance with the laws of the State
of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Permit, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas - Fort Worth Division.
XXX. Governmental Powers
It is understood and agreed that by execution of this Permit, City does not waive or
surrender any of its governmental powers.
XXXI.Authorization
By executing this Permit, Company's agent affirms that he or she is authorized by the
Company to execute this Permit and that all representations made herein with regard to
Company's identity, address and legal status (corporation, partnership, individual, etc.)
are true and correct.
XXXII. Entirety of Agreement
Access Permit and Workspace License Agreement for Highland Hills Park Page 14 of 34
This instrument (including all attachments, schedules, and exhibits attached hereto)
constitutes the entire understanding and agreement of the City and Company as to use of
the Licensed Premises and the Park. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and
conditions of this Permit. This Permit shall not be amended unless agreed to in writing
by both parties.
By executing this Permit, Company agrees to and accepts the terms, conditions and provision
contained herein.
IN,NVITNESS WHEREOF,the parties hereto have executed this Permit this day of
2014 in Fort Worth, Tarrant County,Texas.
Barnett Gathering, LLC City o t Worth
Edwin S. Ryan, Jr. Susa Al s
/ Assistant City Manager
Date: ell Date: a-o
A pp roved as t Form and Legality:
By: (� a&,4kS C. KCEI*-C K
Denis . McElr
Assistant City Attorney
Contract Authorization: M&C L-
ATTEST: ATTES
By: By: �.
Ma K yser
City Secretary F 0/
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V S o0
SJU
$ °
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S
OFFICIAL RECORD
CITY SECRETARY
Access Permit and Workspace License Agreement for Highland Hills Park FT.WORTH,ge�15 o 34
EXHIBIT "A"
TEMPORARY WORKSPACE
EXHIBIT "A"
TARRANT COUNTY, TEXAS
M. GARRISON SURVEY, A-598
P.O.B.
ISM) N 89.24'40' E T.W.S.
MD., 1/2"I.R. 631.36'
If
N 89.24'40' E MAT AREA
73.49'
'TE F.ATIO'J
f ENTER G
TEMPORR ARY WORK
SPACE "A" "04•c�-o
(1.94 ACRES OR lA Q
84,587 SO FT.)
n'
HIGHLAND HILLS ADD. n�c�90 LINE TABLE
G2� o
CITY OF FORT WORTH (OWNER) Nm. LINE BEARING DISTANCE
INST NO. D190205850 Z N 9� 1 S28'23'47"E 20.00'
LOT 1, BLOCK 23 NN, i/N W_
2 561'34'23"W 185.12'
�F
3 S89'21'22"W 42.91'
Nam wy 4 N61'34'23"E 223.09'
CITY OF FORT WORTH 5 528'23'47"E 75.25'
VOL. 4558, PG. 223 `so` `n O
CALLED 28.659 ACRES TEMPORARY CHAR: NN9_[. 6 S25'42'23"W 21.98'
LINK FENCE m0 7 589'21'22"W 189.07'
a G 8 S28'23'47"E 50.31'
223 NVl
55 BALL
2� •(N g5 NG FIELD '
S 61'34'23' W
C 20VOL. 93 2E PG . 15567 65.00' P.O.B.
T.W.S.
I? N 5 TEMPORARY WORK NORTH
Q7 SPACE "B" NORTH
(0.31 ACRES OR O P.O.B.
DETAIL 13,628 SO FT.) 4 8
N.T.S. : IRKING O P.D.B.
N 61'34'23' E LOT T.W.S.
318.62' 2 5 "B"
R S 89.21122' w Q3 Oj s SOUTH
107.94'
TEMPORARY WORK
PROPOSED 20' WIDE
LICENSE AREA SPACE "B" SOUTH
ESTATE OF AMOK G. (0.20 ACRES OR
CARTER, JR. 6,827 So FT.
VOL. 11676, PG. 10 OF T E.j,
CALLED 203.86 ACRES �� �yTEREp"•9S
�..�ESE P•..="
'{��-'•bp59 e O
NOTE: (CM) - CONTROL MONUMENT
ALL EASEMENTS MAY NOT BE SHOWN / •O,y R
LICENSE AREA = 0.09 ACRES DR 4,062 SQ FT. RENCE A. MURRAY
REGISTERED PROFESSIONAL LAND SURVEYOR
TOTAL TEMPORARY WORKSPACE = 2.45 ACRES OR
107,042 SO FT. TEXAS REGISTRATION NO. 6059
BEARINGS BASED ON TEXAS STATE PLANE
DESCRIBED ON EXHIBIT 'B' ATTACHED HERETO COORDINATE SYSTEM NAD 83(CORS), NORTH CENTRAL ZONE,
TITLE INFORMATION PROVIDED BYE DERIVED FROM GPS OBSERVATIONS.
SUNDIAL ENERGY, LLC
SHEET 1 OF 3
6 07-UPI, WBB GENERAL REVISION gARNETT GATHERING, LLC
5 r-P-H JC ADDED TREES TO SAVE
4 0,-8-M WBB REVISED TWS PER CFW
3 01-174 WBB ADDED MAT AREA PROPOSED UCENSE AREA AND TEMPORARY WORKSPACE ON THE PROPERTY OF
REV. DATE BY DESCRIPTION cHK. CITY OF FORT WORTH
PROJECT NO. 102908 TARRANT COUNTY TEXAS
rxxwe aresxseo sOxverrxO rrxy DRANK BY: WBB DATE: 04/01/14 DWG. NO. REV.
Wood Group <+o a°+esNUr+oxNO.100405.0' CHECKED BY: DATE:
x WORTH, sx s"7s 09 Aso
Mustang- POraOxa:817-495-0900 9 SCALE: 1'=200' APP.; 02908-94^OW4 6
Access Permit and Workspace License Agreement for Highland Hills Park Page 16 of 34
Exhibit B
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Access Permit and Workspace License Agreement for Highland Hills Park Page 17 of 34
Exhibit C
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:
1.1 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.
1.1.1. Slight Damage:
Slight damage shall be defined as damage, in the opinion of the City Forester, that
may heal, examples include but are not limited to scaring of the trunk into the
cambial layer 1/2" to 2" in width but less than 1/3 trunk circumference or breaking
of limbs less than 2" in diameter or limbs less than 1/3 trunk caliper whichever is
less. Slight damage to tree(s) shall be assessed at a rate o£ $100.00 for each
instance of slight damage to tree(s).
1.1.2. 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 I/2 the assessed value of the tree per each instance of
damage.
1.1.3. 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.
1.2. Company shall make payment for any such damages and must plant
replacement trees for severely damaged trees at a location to be determined by PACSD.
Replacement shall be made on caliper inch per caliper inch basis with a minimum size of
replacement tree of 2" in caliper for trees damaged or removed less than 30" DBH and 2"
per inch on trees 30" DBH or greater. Company shall be responsible for the planting
watering, mulching and maintenance of replacement trees for a period of not less than 2
Access Permit and Workspace License Agreement for Highland Hills Park Page 18 of 34
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.
1.3. In addition to damages assessed by PACSD, trees removed shall also be
subject to the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance.
Access Permit and Workspace License Agreement for Highland Hills Park Page 19 of 34
Exhibit D
SECTION 02300 -EARTHWORK
PART1 -GENERAL
1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and
services required to construct, shape, and finish earthwork to the required lines, grades,
and cross sections as specified herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Section 02200 - Site Preparation.
B. Grading Plan: Refer to plan sheets.
1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work.
The total cost will be included in the Bid Proposal. Payment will be made on a Lump
Sum basis only.
PART 2 - PRODUCTS
2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all
excavation, unless separately designated, within the limits of the work. Unclassified
excavation includes 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.
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
Access Permit and Workspace License Agreement for Highland Hills Park Page 20 of 34
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
8. Cementious matter
9. Foreign matter of any kind
B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200.
Access Permit and Workspace License Agreement for Highland[lilts Park Page 21 of 34
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.
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
Access Permit and Workspace License Agreement for Highland Hills Park Page 22 of 34
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:
I. 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
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.
Access Permit and Workspace License Agreement for Highland Hills Park Page 23 of 34
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,
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
Access Permit and Workspace License Agreement for Highland Hills Park Page 24 of 34
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
Access Permit and Workspace License Agreement for Highland Hills Park Page 25 of 34
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.
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
Access Permit and Workspace License Agreement for Highland Hills Park Page 26 of 34
A. Planting Season: The season varies according to species (see Part 2 - Products).
Do not seed when soil is excessively wet or dry or when wind exceeds ten(10)
miles per hour.
B. Schedule After All Other Construction and planting is complete.
C. Protect and Maintain Seeded Areas
1. From erosion
2. From traffic and all other use
3. Until seeding is complete and accepted
1.05 QUALITY CONTROL
The contractor who plants the seeds, whether the general contractor or a subcontractor, is
responsible for daily supervision of his crew, and for the planting and maintaining of
seedlings until acceptable, viable growth is achieved and the project accepted by the City.
PART 2—PRODUCTS
2.01 MATERIALS
A. Seed
All seed shall be planted at rates based on pure live seed(PLS =purity x
germination) per acre.
Substitution of individual seed types due to lack of availability shall be made only
by the City at the time of planting. The Contractor shall notify the City,prior to
bidding, of difficulties locating certain species. Only those areas indicated on the
plans and areas disturbed by construction shall be seeded. Prior to seeding, each
area shall be marked in the field and approved by the City. Any adjustment of area
location by the City shall be considered incidental and shall not entitle the
Contractor to additional compensation.
Weed seed shall not exceed ten percent (10%) by weight of the total of pure live
seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall
not be allowed.
The seed shall be clean, dry and harvested within one year of planting.
1. Non-native grass seed shall consist of:
If planted between April 15 and September 10:
Lbs./Acre Common Name Scientific Name Purity
Germination
25 Bermuda(unhulled) Cynodon dactylon 85% 90%
75 Bermuda(hulled) Cynodon dactylon 95% 90%
Access Permit and Workspace License Agreement for Highland Hills Park Page 27 of 34
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Lolium multiflorum 82% 80%
40 Bermuda(unhulled) Cynodon dacrylon 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
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.
Access Permit and Workspace License Agreement ror Highland Hills Park Page 28 of 34
4. Temporary erosion control seed
When specified on the plans, temporary control measures shall be
performed. These measures shall consist of the sowing of cool season
plant seeds and the work and materials as required in this section.
B. Mulch
1. Mulch should be designed for use with conventional mechanical or
hydraulic planting of seed, either alone or with fertilizer.
2. Mulch should be wood cellulose fiber produced from virgin wood or
recycled paper-by-products (waste products from paper mills or recycled
newspaper).
3. Mulch should contain no growth or germination inhibiting factors.
4. Mulch should contain no more than ten percent (10%) moisture, air dry
weight basis.
5. Additives shall include a binder in powder form.
6. Material shall form a strong moisture retaining mat.
C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled
showing the analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be
applied uniformly over the planted area.
3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding.
b. Where applying fertilizer on newly established seeding areas - 100
pounds of Nitrogen per acre.
C. Where applying fertilizer on established seeding areas - 150 pounds
of Nitrogen per acre.
D. Erosion Control Measures
1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or
recycled paper mulch, (see 2.01, B. Mulch and 3.03).
2. For seeding application in areas 3:1 slope or greater, use the following soil
retention blanket (Follow the manufacturer's directions):
"Curlex 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:
L 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
Access Permit and Workspace License Agreement for Highland Hills Park Page 29 of 34
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
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
Access Permit and Workspace License Agreement for Highland Hills Park Page 30 of 34
A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may
be applied concurrently with fertilizer and seed, if desired.
B. Apply at the following rates unless otherwise shown on plans:
1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre.
2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre.
3. Clay soils, flat surfaces - minimum 2,500 lbs./acre.
4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre.
5. "Flat" and"sloping" surfaces will be shown on the plans if not visually
obvious.
C. Apply within thirty (30) minutes after placement in equipment. Keep mulch
moist, by daily water application, if necessary:
1. For approximately twenty-one (2 1) days, or
2. Until seeds have germinated and have rooted in soil, (see 3.04.13.2.) and
project has been accepted by the City.
3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE
A. Includes initial seed and/ or sod application and establishment, protection, replanting
as necessary , maintaining grades and immediate repair of erosion damage until the
project receives final acceptance. Refer to Part 2—2.01 —D. for watering
requirements to be executed by the contractor.
B. Initial full coverage turf establishment shall be considered as 100% grow in to a
height of
three (3") inches with one mow cycle performed by the Contractor on all newly
established areas prior to consideration of acceptance by the Owner..
C. Replanting
1. Replant areas where a stand of grass or wildflowers are not present in a
reasonable length of time, as determined by the City.
2. A "stand" shall be defined as:
a. Bermuda/Rye grasses: See 3.04 B
b. Native grass and wildflowers: eighty percent(80%) coverage of
growing plants within seeded area within twenty-one days of
seeding date on a smooth bed free of foreign material and rocks or
clods larger than one inch diameter.
END OF SECTION
Access Permit and Workspace License Agreement for Highland Hills Park Page 31 of 34
SECTION 02930-TURF SODDING
PART1 -GENERAL
1.01 DESCRIPTION
i
A. Work Included: This work includes all labor,materials and equipment for soil
preparation,fertilization,planting and other requirements regarding turfgrass sodding
shown on the plans.
B. Related Work Specified Elsewhere: Section 02300,Earthwork.
1.02 REFERENCE STANDARDS
A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature,
Second Edition, 1942.
x
B. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Jo-hnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller I'
7
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.
'r
B. Fertilizer
I. Unopened bags labeled with the analysis.
2. Conform to Texas Fertilizer Law.
1.05 QUALITY CONTROL
The Developer/Contractor who plants the sod is responsible for supervision of his crew,while
planting the sod and maintaining the sod until the project is accepted by the City.
rr,�r•soi���a
Access Permit and Workspace License Agreement for Highland Hills Park Page 32 of 34
PART2—PRODUCTS
2.01 SOD
A. The sod shall be Buchloe dactyloides("Prairie"Buffalograss)and shall consist of stolons,
leaf blades,rhizomes and roots with a healthy,virile system of dense,thickly matted roots
throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive,
healthy and vigorous and shall be free of insects,disease,stones and undesirable foreign
materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam
topsoil. The sod shall not be harvested or planted when its moisture condition is so
excessively wet or dry that its survival will be affected. If sod is stacked,it shall be kept
moist and shall be stacked roots-to-roots and grass-to-grass.
B. The sod shall be cut in strips four feet wide to be laid parallel with the contours.
2.02 FERTILIZER
A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis.
B. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area two weeks after sodding.
C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer
rate shall be 45 pounds of nitrogen per acre.
2.03 WATER
The water shall be furnished by the Developer/Contractor and shall be clean and free of industrial
wastes or other substances harmful to the germination of the seed or to the growth of the
vegetation. The amount of water will vary according to the weather variables. Generally,the sod
should be soaked one time per day for three weeks or until established. Soaking is mandatory
after spreading the fertilizer.
2.04 COMPOST
All compost material is to be totally organic and decomposed for at lease nine months. All
compost is to be clean and free of fungus,disease,live plants,seed,excessive cotton lint and any
harmful chemicals. "New Life Soil Conditioner"or"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 acidic pH condition: Use"Perma Green Compost" by Texas Earth
Resources,Inc.of Dallas,or"New Life Natural Grower" (ph 9.0 to 4.0)by Soil Building
Systems, Inc.,of D_illas.
C. Sample and Specification Submittal: Submit a producer's specitication and a quart
sanple of the compost proposed for the City's approval.
:r R Soi)DING
Access Permit and Workspace License Agreement for Highland Hills Park Page 33 of 34
PART 3-EXECUTION
3.01 GENERA L,
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.
C. Cleaning: Soil shall be further prepared by the removal of debris,building materials,
rubbish,weeds and stones larger than one inch in diameter.
D Fine Grading: After tillage and cleaning,all areas to be planted shall be topdressed with
one-half inch compost and then shall be leveled,fine graded,and drug with a weighted
spike harrow or float drag. The required result shall be the elimination of ruts,
depressions,humps and objectionable soil clods. This shall be the final soil preparation
step to be completed before planting.
3.03 PLAINTING
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,
provide a true and even surface,and insure knitting without displacement of the sod or
deformation of the surfaces of sodded areas. Following compaction,compost shall be used to fill
all cracks between sods. Excess compost shall be worked into the grass with suitable equipment
and shall be well watered. The quantity of compost shall be such that it will cause no smothering
or burning of the grass.
3.04 FERTILIZItiG
Fwenty-one days after planting,turfgrass areas shall receive an application of 3-1-2 fertilizer at
�! the rate of 45 pounds of nitro;en per acre. Water wall after application to prevent burning.
END OF SECTION
FT 1R FSODDI't Xi
0'130
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Access Permit and Workspace License Agreement for Highland Hills Park Page 34 of 34
i
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION. Approved 6n..6%'10/2014
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 Page I 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 F u nd/Accou nt/C enters 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
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.msg (CFW Internal)
2. MC Highland Hills Route.pdf (Public)
3. MC Highland Hills.pdf (Public)
Logname: 80HIGHLAND PARK GAS PIPELINE TEMP WORKSPACE AGMT Page 3 of 3
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