Ordinance No. 12,822ORDINANCE NO. 12,822
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO THE MASTER LICENSE AGREEMENT FOR HIKE AND
BIKE TRAILS WITH CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the Mayor to execute and the City Clerk to attest to a Master License Agreement for Hike and
Bike Trails with CenterPoint Energy Houston Electric, LLC, for engineering services associated with the
I11-10 Lift Station No. 1 Improvements Project. A copy of the agreement is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote
Baytown this the 26th day of March, 2015. ,
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STEPH
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LETICIA BRYSCH, Ct y Clerk
APPROVED AS TO FORM:
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License No. L 106162
Exhibit "A"
MASTER LICENSE AGREEMENT FOR
HIKE AND BIKE TRAILS
This Master License Agreement ( "Agreement ") is made and entered into by and between
CenterPoint Energy Houston Electric, LLC, a Texas limited liability company ( "CenterPoint"
or "Licensor "), and the City of Baytown, Texas, a municipal corporation (the "City" or
"Licensee ").
RECITALS
WHEREAS, Licensor is the fee simple owner, easement holder, or licensee of certain real
property located within the City and identified and described in an approved Exhibit "A," as it
may be supplemented or amended from time to time (hereinafter referred to as the "Transmission
Corridors "); and
WHEREAS, Licensor is now occupying or intends to occupy, in whole or in part, the
Transmission Corridors for the purpose of erecting and maintaining across and thereon structures
and facilities for or incidental to the transmission and distribution of electric energy and for other
purposes; and
WHEREAS, Licensee has requested that Licensor make available the Transmission
Corridors for Licensee to construct, install, operate and maintain pedestrian and bicycle trails
(hereinafter referred to as the "Hike and Bike Trails ") in order for the general public to use the
Transmission Corridors for recreational purposes;
WHEREAS, Licensor is willing to grant Licensee a revocable license to use the
Transmission Corridors to construct, install, operate and maintain Hike and Bike Trails on the
terms and conditions set forth in this Agreement; and
WHEREAS, Licensor and Licensee desire to enter into an agreement as contemplated by
Section 75.0022 of the Texas Civil Practice and Remedies Code and further desire for Licensor
to enjoy to the fullest extent the liability protections afforded therein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS, that for and
in the consideration of the mutual promises herein contained, the parties hereto do hereby
covenant and agree as follows:
1. Revocable License. Licensor hereby grants to Licensee, and Licensee hereby accepts
from Licensor, a revocable license to use the Transmission Corridors identified and described in
an approved Exhibit "A" (hereinafter referred to as the "Licensed Property ") to construct, install,
and maintain Hike and Bike Trails on the Licensed Property for use by the general public for
certain recreational purposes only ( "License "), subject to the limitations of use set forth in (2)
below. Provided further, however, that such Hike and Bike Trails shall be constructed, installed,
and maintained in such a manner so as not to damage or destroy Licensor's power lines,
supporting structures, and other facilities, not to interfere with the continued operation and
Master License Agreement for Hike and Bike Trails Page 1
License No. L106162
maintenance of Licensor's power lines, supporting structures, and other facilities, and not to
interfere with Licensor's existing and future uses of the Licensed Property.
2. Limitations of Use. This License is strictly limited to the Hike and Bike Trails to be
constructed, installed, and maintained within the Licensed Property. Unless otherwise agreed to
by Licensor on an approved Exhibit "A ", the Hike and Bike Trails shall consist of an improved
surface, not to exceed ten (10) feet in width and Licensee's use is expressly limited to biking,
walking, running, roller- skating, roller - blading, skateboarding and dog walking only on the
surface of the Hike and Bike Trails and only during the hours from dawn to dusk each day. All
other activities on the Hike and Bike Trails, including, but not limited to, kite flying, recreational
sports, picnicking and other recreational activities provided for under Section 75.001(3) of the
Texas Civil Practice and Remedies Code, are strictly prohibited. This License does not extend to
the use of any of Licensor's facilities located on the Licensed Property. The Hike and Bike
Trails are expressly intended for individual recreational activities such as biking, walking,
running, roller- skating, roller - blading, skateboarding and dog walking. Motorcycles, all terrain
vehicles or any other motorized vehicles, including motorized bicycles, are not allowed unless
operated by Police, Emergency or Maintenance personnel. Bollards or other similar barricades
shall be installed by Licensee at all vehicular access points along the Hike and Bike Trail to the
extent necessary to limit unauthorized vehicular access. It is understood that construction,
installation, maintenance, operation, and/or use of the Hike and Bike Trails on any portion of the
Licensed Property shall not commence, and access to such portions of the Licensed Property
shall not be permitted, unless and until plans for the Hike and Bike Trails have been submitted to
and approved in writing by Licensor, such plans to include a proposed Exhibit "A." All plans for
the Hike and Bike Trails shall be prepared at Licensee's sole cost and expense and in
conformance with the terms of this Agreement, with the specifications set forth in Exhibit "B,"
"Specification - CenterPoint Energy Houston Electric, LLC," #007 - 231 -79, and with the
requirements for a survey drawing set forth in Exhibit `B." In the event that the terms of Exhibit
"B" or Exhibit "E" are inconsistent or conflict with the terms of this Agreement, the terms of this
Agreement shall control. Licensor shall provide initial comments to Licensee's proposed plans
for the Hike and Bike Trails within forty-five (45) days of receipt; provided, however, that
nothing in this sentence shall limit the ability of Licensor to approve or reject Licensee's
proposed plans, including any proposed Exhibit "A." Licensee further shall not place any
structures, piles or debris, or change the level of the ground by excavation or mounding without
Licensor's express prior written consent.
3. Term and Consideration. Subject to the provisions of Section 4, this Agreement shall be
for a term of twenty (20) years (the "Initial Term ") commencing on the Effective Date. Upon
expiration of the Initial Term, this Agreement will automatically be renewed on the same terms
and conditions, on a year -to -year basis until terminated by either party hereto as set forth in this
Agreement (the Initial Term, together with any such annual renewals, is herein referred to as the
"Term "). Within thirty (30) calendar days of receipt of Licensor's invoice, Licensee shall
reimburse Licensor the ad valorem taxes allocable to the Hike and Bike Trails and any other fee
or tax assessed against Licensor on account of the Hike and Bike Trails.
4. Termination and Revocation of License. This Agreement may be terminated or
temporarily suspended, in either case with respect to some or all of the Transmission Corridors,
Master License Agreement for Hike and Bike Trails Page 2
License No. L106162
and the License revoked by providing written notice of termination to the other party in the event
of any of the following:
a. Licensor determines that the Hike and Bike Trails interfere with the Licensor's
existing and/or future uses of the Licensed Property, including, but not limited to:
(i) the continued operation and maintenance of Licensor's power lines, supporting
structures, and other facilities, or the facilities of Licensor's affiliates, (ii)
construction or expansion of the facilities of Licensor or its affiliates, (iii) the
continued operation and maintenance of third - parties' facilities, and (iv)
construction or expansion of third - parties' facilities. In the event of a termination
under Section 4(a), Licensor shall provide Licensee ninety (90) days written
notice of termination.
b. Licensor determines that this Agreement or the Hike and Bike Trails interfere or
conflict with, or detract from, Licensor's electrical transmission and distribution
business, other business purposes, or the business purposes of its affiliates. In the
event of a termination under Section 4(b), Licensor shall provide Licensee ninety
(90) days written notice of termination.
C. Licensor or Licensee determine that the Hike and Bike Trails pose a hazard to the
users.
d. Licensor determines that Licensee or its contractors failed to comply with one of
the provisions of this Agreement or defaulted in any of their obligations under this
Agreement and failed to correct such default or noncompliance to the satisfaction
of Licensor within thirty (30) days after written notice from Licensor.
e. Licensor determines that events beyond its control make it impossible, illegal,
impractical or unreasonable for Licensor to perform under this Agreement,
including, but not limited to: applicable law or regulation, acts or rulings of the
courts, the Public Utility Commission of Texas, or any federal, state or local
agency having jurisdiction over Licensor; termination or non - renewal of the
franchise granted by Licensee to Licensor to conduct an electric delivery business
in the City of Houston and for other business purposes; interruptions of Licensor's
electrical transmission and distribution services or damage to Licensor's towers,
facilities or related appurtenances; fires, epidemics, floods, storms, heavy rains,
hurricanes, tornadoes, ice or hail storms; explosions, war, terrorist acts, riots,
court orders, acts of superior governmental or military authority; material changes
in industry practices, standards or customs; or any repeal of or amendment to
Section 75.0022 of the Texas Civil Practice and Remedies Code.
Upon notice of termination, Licensee shall have the right to remove the Hike and Bike Trails,
related appurtenances and other improvements made to the Licensed Property by the Licensee
(collectively "the Improvements ").
5. Condition upon Termination. Upon termination of this Agreement, Licensee shall
surrender the Licensed Property to the Licensor in the same condition as received except for
Master License Agreement for Hike and Bike Trails Page 3
License No. L106162
ordinary wear and tear. In addition, Licensor may require Licensee to remove the Improvements
upon termination of this Agreement and restore the Licensed Property to its condition
immediately prior to construction of the Hike and Bike Trails, at Licensee's expense. All
Improvements not removed by Licensee shall, in Licensor's sole discretion, (i) become
Licensor's property at no cost or expense to Licensor, or (ii) be removed by Licensor, in either
case without further notice and without liability to Licensee. Licensee shall reimburse Licensor
the cost and expense of having the Improvements removed from the Licensed Property.
Licensee shall pay such amount to Licensor within thirty (30) calendar days of receipt of
Licensor's invoice.
6. Safety and Security. Licensee shall be solely responsible for maintaining peace and order
upon the Hike and Bike Trails and shall prevent any nuisances in or upon or connected with the
Hike and Bike Trails. In accordance with Texas Utilities Code §251.001, prior to any
construction activities, Licensee or Licensee's contractor shall contact the appropriate utility
locating service to identify all underground utilities and pipelines. Licensee shall trim and
maintain any vegetation approved by Licensor and installed by Licensee to ensure all areas
surrounding the Hike and Bike Trails remain visible to the users of the Hike and Bike Trails.
Licensee and its agents, contractors and subcontractors shall be aware of and abide by all federal,
state and local rules and regulations which govern work near power lines including, but not
limited to, OSHA regulations and Chapter 752 of the Texas Health and Safety Code. Licensee
agrees to include a requirement in its contracts with contractors performing work under this
Agreement that such contractors will be responsible for damage to Licensor's or third parties'
structures and facilities located on the Licensed Property, including, but not limited to, overhead
power lines, underground pipelines, and underground fiber optics telecommunication lines, and
shall promptly reimburse Licensor or third parties all reasonable costs to repair such facilities.
7. Complaints. Licensee shall be solely responsible for responding to and resolving, to
Licensor's satisfaction, any complaints from homeowners, businesses or governmental entities
relating to the construction, installation, operation, use, maintenance, repair, modification,
removal or presence of Licensee's Hike and Bike Trails on the Licensed Property.
8. Licensor's Access. Licensor, its authorized agents, contractors, assignees or other
licensees shall have the right to enter the Licensed Property at any time for any purpose for their
full enjoyment and dominant use. Licensor, its agents, contractors, assignees or other licensees,
retain the superior right to enter upon and fully use the Licensed Property for any purpose,
including, but not limited to, inspecting, maintaining, installing, removing or replacing electrical
distribution and transmission facilities and structures, PCS cell sites /telecommunication lines and
equipment, pipelines, or other utilities or facilities. It is understood that from time to time entry
will be necessary for inspection, maintenance, and work upon Licensor's or third- parties'
facilities located upon the Licensed Property and, on such occasions, Licensor may in its sole
discretion determine that it is necessary to temporarily close all or portions of the Hike and Bike
Trails and prohibit the public from using same. Where reasonably practical, in its sole
discretion, Licensor agrees to give notice by electronic mail to a designated representative of
Licensee of planned inspection, maintenance or work by Licensor that necessitates temporary
closure of more than twenty -four (24) hours of all or portions of the Hike and Bike Trails, such
notice to indicate, to the extent reasonably practical, if heavy equipment is to be used in such
inspection, maintenance or work by Licensor. In the event heavy equipment is used by Licensor
Master License Agreement for Hike and Bike Trails Page 4
License No. L106162
for inspection, maintenance, or other work, Licensor will attempt to avoid or minimize damage
to Licensee's facilities, where reasonably practical and in Licensor's sole discretion.
Notwithstanding the foregoing, Licensor shall have no liability for any damage to Licensee's
facilities. This License is not exclusive, and Licensor, its employees, agents, contractors,
assignees, representatives, and others whom it may license, may for any purpose go upon the
Licensed Property, make improvements upon and traverse the Licensed Property and make
changes in the location of or additions to Licensor's or third - parties' facilities located thereon
without payment of compensation to Licensee, and without liability for any damage to
Licensee's facilities, including but not limited to, the Hike and Bike Trails and approved
vegetation, or for any interruption of use of the Hike and Bike Trails.
9. Future Construction. Licensor has expressed intentions and hereby notifies Licensee of
plans to build upon and expand its facilities on the Licensed Property or to allow third - parties to
build or expand their facilities on or under the Licensed Property. Licensor hereby retains the
right to terminate or temporarily suspend the License if and when such construction or expansion
takes place. Licensor is not responsible for any repairs to the Improvements as a result of
Licensor's construction or maintenance activities, or as a result of those activities conducted by
contractors or another entity licensed to use said Licensed Property.
10. Existing Easement Holders, Lessees, or Other Interests. Prior to construction,
installation, maintenance, and use of the Hike and Bike Trails, Licensee and its agents,
contractors and subcontractors shall: (i) observe and comply with, at Licensee's sole cost and
expense, all notification requirements of Texas Utilities Code §251.001, the Underground
Facility Damage Prevention and Safety Act, when working along, within, and/or near the
Licensed Property, and (ii) shall provide written notice to any and all easement holders, lessees,
fee owners, or other interests affecting the Licensed Property, with a copy of such notice to the
Licensor. Licensee and its agents, contractors and subcontractors shall comply with any and all
safety codes and laws that apply when working along, within and/or near the Licensed Property,
as well as with the requirements of any easement, lease, fee interest, or other interest or any other
requirement affecting the Licensed Property. In like manner, prior to construction of the Hike
and Bike Trails on the Licensed Property, Licensee shall obtain written consent from any
easement holder, lessee, fee owner or any other party whose interest affects the Licensed
Property, and shall further deliver copies of such consents to Licensor prior to commencing
construction. Licensee shall be solely responsible for compliance in all respects with the
requirements of any easement, lease, fee interest or other interest affecting the Licensed Property
to the extent any such interest affects the Licensed Property, the License, the Hike and Bike
Trails or any other right of Licensee under this Agreement.
11. Acceptance of Premises. LICENSEE ACKNOWLEDGES AND AGREES THAT IT
HAS FULLY INSPECTED THE LICENSED PROPERTY AND ACCEPTS THE
LICENSED PROPERTY "AS IS," "WHERE IS" AND IN ITS PRESENT CONDITION
AS SUITABLE FOR THE PURPOSES FOR WHICH IT IS LICENSED. LICENSEE
SPECIFICALLY ACKNOWLEDGES THAT THE TRANSMISSION CORRIDORS ARE
OR MAY BE USED FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY OVER HIGH VOLTAGE POWER LINES AND THAT THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY OVER SUCH LINES
RESULTS IN THE EXISTENCE OF ELECTRIC AND MAGNETIC FIELDS THAT
Master License Agreement for Hike and Bike Trails Page 5
License No. L106162
MAY EXTEND TO THE HIKE AND BIKE TRAILS AND ANY INDIVIDUALS WHO
UTILIZE SUCH HIKE AND BIKE TRAILS. Licensee shall not make or cause to be made
any improvements to the Licensed Property other than as approved by Licensor in advance, in
writing, and then only at the sole cost and expense of Licensee.
12. Assignment and Subletting. The License is personal to Licensee and may not be sold,
transferred, assigned or sublet, except to a political subdivision, as contemplated by Section
75.0022 of the Texas Civil Practice and Remedies Code, and only with the prior written consent
of Licensor, which shall not be unreasonably withheld. Construction, operation and maintenance
activities may be subcontracted, in accordance with Section 14 below, by Licensee to contractors
approved by Licensor, including, but not limited to, the Houston Parks Board. Any other
purported transfer or assignment shall be null and void ab initio and of no force or effect. It is
the intention of this Agreement not to confer benefits, rights, or privileges on any person or
entity other than Licensor and Licensee. No businesses, buildings, or other facilities, other than
an improved Hike and Bike Trail in accordance with this Agreement shall be permitted to be
installed upon the Licensed Property.
13. Construction Requirements. Licensee shall not commence construction, installation,
maintenance, operation and/or use of the Hike and Bike Trails until plans for same have been
approved in writing by Licensor. All construction and ongoing maintenance activities submitted
to Licensor shall conform to the terms of this Agreement and the specifications attached as
Exhibit `B" to this License. In the event that the terms of Exhibit "B" are inconsistent or conflict
with the terms of this Agreement, the terms of this Agreement shall control. If any mechanics'
or materialmens' lien is filed against the Licensed Property for work claimed to have been
undertaken for or on behalf of Licensee, whether such lien relates to the initial construction of
the Hike and Bike Trail or Licensee's ongoing maintenance obligations hereunder, Licensee, at
its sole cost and expense, shall discharge and obtain and record a release of any such lien within
thirty (30) days of such lien being filed, or shall provide a bond for such lien in compliance with
all applicable laws and deliver to Licensor evidence of such release or bond. If Licensee shall
fail to obtain a release or bond for any such lien, Licensor may, at its option, discharge the same
and Licensee shall reimburse Licensor for the cost thereof, together with costs and attorneys'
fees, within thirty (30) days of being invoiced by Licensor.
14. Work to be Performed by Contractors. All work within the Licensed Property or under
this Agreement shall be performed by contractors for the City and not by the City itself, provided
such contractors have been approved by Licensor in writing in advance of the work to be
performed. Any references herein to Licensee working within the Licensed Property or under
this Agreement shall be construed to refer to Licensee's contractors performing such work.
Licensor reserves the right, at any time, to prohibit one or more of the Licensee's contractors
from working if Licensor concludes, in its sole discretion, that such contractors are not qualified.
Licensee shall provide evidence satisfactory to Licensor that Licensee's contractors have
provided all insurance and indemnities required by this Agreement.
15. Maintenance of Hike and Bike Trails. Licensee, at its sole cost and expense, at all times
during the term of this Agreement, agrees to maintain and keep clean to Licensor's satisfaction
the area depicted on an approved Exhibit "A" (hereinafter referred to as the "Maintenance
Area "), including the Hike and Bike Trails and any other improvements which may be placed or
Master License Agreement for Hike and Bike Trails Page 6
License No. L106162
erected on the Licensed Property by Licensee. Unless otherwise indicated on an approved
Exhibit "A," the Maintenance Area shall include a ten (10) foot strip on each side of the Hike
and Bike Trails. Trash, graffiti or debris removal and mowing must be performed as often as
necessary to maintain and keep clean the Maintenance Area, and whenever requested by
Licensor. In the event that Licensee fails to properly maintain the Maintenance Area as provided
herein, Licensor shall have the right, but not the obligation, to have such maintenance completed,
and Licensee agrees to reimburse Licensor its costs and expenses for such work. Licensee shall
pay such amount to Licensor within thirty (30) calendar days of receipt of Licensor's invoice.
Licensee further agrees that it shall not issue citations or fines to Licensor with respect to the
condition or maintenance, including mowing and debris removal, of the Licensed Property,
without providing Licensor at least 30 days written notice of the alleged violation and an
opportunity to remedy such violation.
16. Tower Protection and Liability for Damage. No self - propelled equipment shall be
allowed directly beneath Licensor's lattice towers. In the event Licensee, its agents, contractors,
or subcontractors damage Licensor's structures, facilities, equipment, or other property,
including, but not limited to, overhead power lines, underground pipelines, and underground
fiber optics telecommunication lines, Licensee agrees to reimburse Licensor its costs and
expenses of necessary repairs. Licensee shall pay such amount to Licensor within thirty (30)
calendar days of receipt of Licensor's invoice.
17. Vegetation. Licensee shall not plant shrubs, bushes, or any vegetation on the Licensed
Property without the prior written permission of Licensor. Under no circumstances shall
Licensee plant trees or other vegetation with a mature height exceeding three (3) feet above
ground level or install any type of irrigation system upon said Licensed Property. Licensee shall
refer to Exhibit "C," attached hereto and as may be supplemented or amended from time to time
on www.centerpointenergy.com, for examples of low- growing vegetation; provided, however,
that nothing in this sentence shall limit or otherwise modify the requirement of the first sentence
of this Section 17.
18. Water Channelization, Detention, and Drainage. Licensee shall have no water
channelization, canals, detention facilities, or ditches on the Licensed Property, including but not
limited to any channels, canals, detention facilities, ditches, or altered drainage patterns arising
from Licensee's Hike and Bike Trails located on adjacent or nearby property. Licensee shall
maintain current and natural drainage patterns and shall be solely responsible for the drainage of
the Hike and Bike Trails and all adjoining property. Licensee shall further be responsible for
obtaining, at its sole cost and expense, all necessary permits and/or approvals for the
construction, installation, maintenance, operation and/or use of the Hike and Bike Trails from the
Harris County Flood Control District or any other governmental agency of any kind having
jurisdiction over the Licensed Property. Licensee shall be solely responsible for any damages to
the Licensed Property and Licensor's adjoining property relating to drainage, channelization,
canals, detention facilities, or ditches on the Licensed Property.
19. Lighting. Licensee may, at its sole cost and expense, install and maintain adequate
security lighting, along with all related appurtenances, conduits, conductors, switches and
devices, along the Hike and Bike Trails. Only low profile lighting, not to exceed 6 feet in height,
shall be installed by Licensee along the Hike and Bike Trails. Licensee shall address the details
Master License Agreement for Hike and Bike Trails Page 7
License No. L106162
of its proposed security lighting installation in the plans to be submitted to Licensor for approval
prior to the construction, installation, maintenance, operation and/or use of the Hike and Bike
Trails.
20. Signage. Licensee will be solely responsible for installing and maintaining adequate
signs along the Hike and Bike Trails to address matters such as: hours of operation, prohibited
activities, appropriate cautionary statements, and an acknowledgement of Licensor's ownership
(where applicable) of the Licensed Property. Details concerning such signage will be addressed
in the plans to be submitted to Licensor for approval prior to the construction, installation,
maintenance, operation and/or use of the Hike and Bike Trails.
21. Insurance. At all times during the term of this Agreement, Licensee shall cause its
contractors to procure and maintain in full force and effect, at the contractor's sole expense,
insurance of the following types and amounts, written by insurance companies satisfactory to
Licensor having an A.M. Best's Rating of not less than "A- VII" and authorized to do business in
the State of Texas.
a. Workers' Compensation. Each contractor shall carry statutory workers'
compensation insurance covering the contractor's employees in compliance with
all requirements of the workers' compensation laws of the State of Texas.
b. Employer's Liability. Licensee's contractors shall carry employer's liability
insurance covering the contractor's operations and work under this Agreement or
involving the Licensed Property in an amount not less than the following:
Each Accident $1,000,000
Each Disease Each Employee $1,000,000
Disease Policy Limit $1,000,000
C. General Liabilitv. Each contractor shall carry general liability insurance on a
form no less broad than the coverage provided by a "Commercial General
Liability Insurance" form (dated 2004 or thereafter) promulgated by the Insurance
Services Office, and containing language affording coverage for contractual
liability, the products and completed operations hazards, broad form property
damage liability, and the explosion, collapse and underground hazards, as respects
all recreational use(s), operations and work hereunder, for all liability arising out
of injury to or death of one or more persons, and injury to or destruction of
property, in any one occurrence, in amounts not less than the following:
General Aggregate $ 2,000,000
Products Comp /Ops Aggregate $ 1,000,000
Personal & Advertising Injury $ 1,000,000
Each Occurrence $ 1,000,000
d. Automobile Liability. Each contractor shall carry commercial automobile
liability insurance on a form no less broad than the coverage provided by a
Business Automobile Liability Insurance form (dated 2004 or thereafter)
promulgated by the Insurance Services Office, on all owned or hired autos, as
Master License Agreement for Hike and Bike Trails Page 8
License No. L106162
well as non -owned autos, in an amount not less than $1,000,000 (combined single
limit), for all liability arising out of injury to or death of one or more persons, and
injury to or destruction of property, in any one occurrence.
e. Excess Liability. Each contractor shall carry excess liability insurance that
follows the form of the underlying primary liability insurance required by
Sections 21(b), 21(c), and 21(d), in an amount not less than $10,000,000 per
occurrence and $10,000,000 in the aggregate, unless lower amounts for a
contractor have been agreed to in writing by Licensor prior to work by the
contractor.
f. Deductibles. Any and all deductibles, or self - insured retentions, of all insurance
policies required hereunder shall be assumed by, for the account of, and at the
contractor's sole risk and expense, and shall not be billed to or payable by
Licensor, or its direct and indirect subsidiaries and affiliates, including limited
liability companies.
g. Additional Insureds. The insurance required by this Section shall include
Licensor, including its direct and indirect subsidiaries and affiliates, including
limited liability companies, as additional insureds with respect to all recreational
use(s), operations, and work under this Agreement or involving the Licensed
Property, as to the full limits of liability purchased by the contractor (including
limits greater than the minimum limits required herein), and shall include
language providing:
i. that such insurance applies separately to each insured against whom claim
is made or suit is brought; and coverage to Licensor, including its direct
and indirect subsidiaries and affiliates, including limited liability
companies, no less broad than one or the other of the following
alternatives: (a) the coverage afforded to the named insured under the
policy with respect to the recreational use(s), operations, and work under
this Agreement; or (b) the coverage afforded by the combination of
Insurance Services Office Endorsements' CG 20 33 07 04 (entitled
"Additional Insured - Owners, Lessees or Contractors Automatic Status
When Required in Construction Agreement with You ") and CG 20 37 07
04 (entitled "Additional Insured Owners, Lessees or Contractors -
Completed Operations "); and,
ii. that such insurance shall respond as primary insurance and shall not
require contribution from any other insurance that may be maintained by
Licensor, or its direct and indirect subsidiaries and affiliates, including
limited liability companies.
h. Waiver of Subrogation. The insurance required by this Section shall include full
waivers of subrogation in favor of Licensor, including its direct and indirect
subsidiaries and affiliates, including limited liability companies.
Master License Agreement for Hike and Bike Trails Page 9
License No. L106162
Certificates of Insurance. Each contractor shall furnish Licensor with certificates
of insurance signed by the contractor's insurance agent, showing the contractor's
procurement of the insurance required hereunder. Each such certificate shall
accurately reflect insurance in place, shall be in a form satisfactory to Licensor,
and shall contain language:
expressly and specifically referring to this Agreement;
ii. providing that thirty (30) days written notice (except ten (10) days written
notice in the case of nonpayment of premium) shall be given to Licensor
prior to cancellation of or material change in the coverage (and, the word
"endeavor" or similar term used in the standard Accord form shall be
stricken);
iii. confirming that Licensor, including its direct and indirect subsidiaries and
affiliates, including limited liability companies, are additional insureds, as
required by Section 21(g);
iv. confirming waiver of subrogation in favor of Licensor, including its direct
and indirect subsidiaries and affiliates, including limited liability
companies, as required by Section 21(h); and,
V. attaching the endorsement(s) by which Licensor, including its direct and
indirect subsidiaries and affiliates, including limited liability companies, is
made an additional insured, has a waiver of subrogation, and coverage is
primary and non - contributing.
Licensee's contractors shall warrant and represent that each certificate of
insurance furnished to Licensor is accurate and evidences contractor's
procurement of the insurance required hereunder. Licensee's contractors shall
provide Licensor with the written notice required by Section 21(i)(ii).
j. Claims -Made Insurance. If the insurance required under this Section is procured
on a form affording "claims- made" coverage, then (i) all limits stated above as
"per occurrence" shall be understood to mean "per claim" or "per occurrence," as
is consistent with the terms of the "claims- made" policy; and, (ii) such claims -
made insurance shall not provide for a retroactive date later than the
commencement of the contractor's performance under this Agreement. All
insurance as required by this section shall be primary to any other insurance
coverage purchased and shall be issued by an insurer authorized to do business in
the State of Texas having an A. M. Best's Rating of not less than "A- VII."
k. Reinstatement of Impaired Limits. In the event that the required aggregate limits
of liability of any insurance required by this section are reduced or impaired by
fifty percent (50 %) or more, the contractor shall give Licensor notice of the
impairment and promptly cause such impaired limits to be reinstated to the
required limits.
Master License Agreement for Hike and Bike Trails Page 10
License No. L106162
Subcontractors' Insurance. Each contractor shall cause its subcontractors,
including all persons hired by the contractor who are not employees of the
contractor, who perform any part of the work hereunder, to: (i) procure and
maintain in full force and effect insurance of the types and amounts, and meeting
the requirements described in Sections 21(a), 21(b), 21(c), 21(d) and 21(e), and
(ii) comply with Sections 21(g), 21(h), 21(i), 210), 21(k), and 21(m).
M. Term of Required Insurance. All terms of these insurance requirements shall
survive termination of this Agreement and shall continue until thirty (30) days
past the final completion of all work or operations performed under this
Agreement, including the performance of any warranty work. In addition, each
contractor shall maintain in full force and effect completed operations coverage
under the insurance policies required by general liability and excess liability, and
any "claims- made" coverage under Section 210), for a minimum of two (2) years
after final completion of all work or operations hereunder. Each contractor shall
purchase an extended reporting period, or "tail coverage," if necessary to comply
with the latter requirement.
n. No Waiver by Licensor. A contractor's failure to provide insurance as required
hereunder, or failure to supply certificates of insurance that comply with Section
21(i), or the failure of Licensor to require evidence of insurance or to notify
Licensee or contractor of any breach of the requirements of these provisions or
deficiencies in the insurance obtained, shall not constitute a waiver by Licensor of
any of the these insurance requirements, or a waiver of any other terms and
conditions of this Agreement, including the contractor's and the Licensee's
obligations to defend, indemnify, and hold harmless Licensor as required herein.
o. Policy Requirements. The foregoing insurance requirements are minimum
requirements intended to benefit Licensor, shall not be interpreted to limit the
Licensee's or contractor's liability to Licensor in any manner whatsoever; and, are
separate from and independent of Licensee's or contractor's other obligations
under this Agreement, including the obligations to defend, indemnify and hold
harmless Licensor.
22. INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY THE TEXAS
TORT CLAIM ACT AND THE TEXAS CONSTITUTION, LICENSEE HEREBY BINDS
ITSELF, ITS SUCCESSORS, ASSIGNS, AND AGENTS TO PROTECT, DEFEND,
INDEMNIFY AND HOLD HARMLESS LICENSOR, ITS EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, AGENTS, DIRECTORS, OFFICERS,
SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, AND
THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, AND OFFICERS, FROM
AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS,
DEMANDS, JUDGMENTS, COSTS, CAUSES OF ACTION, ACTIONS, AND SUITS
(INCLUDING ALL COSTS THEREOF AND ATTORNEYS' FEES) OF EVERY KIND
AND CHARACTER, WHICH ARISE IN FAVOR OF THE LICENSEE OR ANY THIRD
PARTY (INCLUDING, BUT NOT LIMITED TO, THE GENERAL PUBLIC,
PERSONNEL FURNISHED BY LICENSEE, AND LICENSEE'S CONTRACTORS AND
Master License Agreement for Hike and Bike Trails Page 11
License No. L106162
SUBCONTRACTORS OF ANY TIER), ON ACCOUNT OF BODILY INJURY, DEATH,
DAMAGE TO PROPERTY, TRESPASS, NUISANCE OR OTHER CAUSE OF ACTION
ARISING OUT OF, INCIDENT TO, OR IN ANY WAY CONNECTED WITH THE
CONSTRUCTION, INSTALLATION, OPERATION, USE, MAINTENANCE, REPAIR,
MODIFICATION, REMOVAL OR PRESENCE OF LICENSEE'S HIKE AND BIKE
TRAILS ON THE LICENSED PROPERTY OR THE GRANT OF RIGHTS TO THE
LICENSEE FROM LICENSOR HEREUNDER, ALL REGARDLESS OF THE
NEGLIGENCE OR FAULT OF LICENSOR, ITS EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, AGENTS, DIRECTORS, OFFICERS, AFFILIATES,
SHAREHOLDERS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, AND EVEN AS A
RESULT OF THE JOINT, CONTRIBUTORY, COMPARATIVE, CONCURRENT, OR
SOLE NEGLIGENCE OR FAULT OF LICENSOR, ITS EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, AGENTS, DIRECTORS, OFFICERS,
AFFILIATES, SHAREHOLDERS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS.
THE PARTIES AGREE THAT LICENSEE SHALL SATISFY ITS OBLIGATION
TO DEFEND LICENSOR BY: (i) PAYING THE ATTORNEYS' FEES, EXPENSES AND
COSTS OF COUNSEL SELECTED BY LICENSOR; (ii) PAYING THE ATTORNEYS'
FEES, EXPENSES AND COSTS OF COUNSEL SELECTED BY LICENSEE TO
DEFEND LICENSOR, PROVIDED THAT SUCH COUNSEL SHALL BE SELECTED
FROM THE LIST OF COUNSEL APPROVED BY BOTH LICENSOR AND LICENSEE
AND IDENTIFIED ON EXHIBIT "D," AS IT MAY BE SUPPLEMENTED OR
AMENDED FROM TIME TO TIME; OR (iii) PROCURING INSURANCE COVERAGE,
IF AVAILABLE, TO PAY THE ATTORNEYS' FEES, EXPENSES AND COSTS OF
COUNSEL SELECTED BY LICENSOR, PROVIDED THAT LICENSOR CONFIRMS IN
WRITING ITS SATISFACTION IN ITS SOLE DISCRETION WITH SUCH
INSURANCE COVERAGE AND FURTHER PROVIDED THAT LICENSEE SHALL
REMAIN LIABLE HEREUNDER FOR ANY DEDUCTIBLE AND FOR ANY COSTS
NOT COVERED BY SUCH INSURANCE.
23. CONTRACTOR'S INDEMNITY. Licensee shall require the following indemnity
provision in the contracts between Licensee and all contractors performing work under this
Agreement or on the Licensed Property:
AS PART OF THE CONSIDERATION FOR THIS AGREEMENT,
CONTRACTOR HEREBY BINDS ITSELF, ITS SUCCESSORS, ASSIGNS, AND
AGENTS TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, ITS CORPORATE
AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES
AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES
OF ACTION, SUITS OR OTHER LITIGATION (INCLUDING ALL COSTS THEREOF
AND ATTORNEYS' FEES) OF EVERY KIND AND CHARACTER ARISING IN
FAVOR OF CONTRACTOR OR ANY THIRD PARTY (INCLUDING, BUT NOT
LIMITED TO, PERSONNEL FURNISHED BY CONTRACTOR OR ITS SUPPLIERS
AND SUBCONTRACTORS OF ANY TIER) ON ACCOUNT OF BODILY INJURY,
DEATH, DAMAGE TO PROPERTY, TRESPASS, NUISANCE OR OTHER CAUSE OF
ACTION IN ANY WAY OCCURRING, INCIDENT TO, ARISING OUT OF OR IN
Master License Agreement for Hike and Bike Trails Page 12
License No. L106162
CONNECTION WITH THE WORK PERFORMED OR TO BE PERFORMED
HEREUNDER OR OCCURRING, INCIDENT TO, ARISING OUT OF OR IN
CONNECTION WITH THE PRESENCE OF CONTRACTOR PERSONNEL, AGENTS,
SUPPLIERS AND SUBCONTRACTORS (AND THEIR RESPECTIVE PERSONNEL)
ON THE LICENSED PROPERTY, ALL REGARDLESS OF WHETHER SUCH
INJURY, DEATH OR DAMAGE IS CAUSED BY THE JOINT, CONCURRENT,
CONTRIBUTING, COMPARATIVE, OR SOLE NEGLIGENCE OR FAULT OF
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, ITS CORPORATE
AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS.
24. LIMITED LIABILITY. AS PART OF THE CONSIDERATION FOR THIS
AGREEMENT, LICENSEE AGREES THAT LICENSOR, ITS ASSIGNEES, OR OTHER
LICENSEES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES DONE TO THE
LICENSED PROPERTY OR HIKE AND BIKE TRAILS AND RELATED
APPURTENANCES ON THE LICENSED PROPERTY, AND, AS PART OF THE
CONSIDERATION FOR THIS AGREEMENT, LICENSEE HEREBY RELEASES ALL
SUCH CLAIMS THAT IT HAS NOW, OR MAY HAVE IN THE FUTURE FOR SUCH
DAMAGES. IN NO EVENT SHALL LICENSOR OR ITS PARENT CORPORATION,
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR ANY
COMBINATION OF THEM, BE LIABLE (IN CONTRACT OR IN TORT OR
OTHERWISE, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, AND STRICT
LIABILITY) TO LICENSEE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RESULTING FROM LICENSOR'S
PERFORMANCE, NON - PERFORMANCE, OR DELAY IN PERFORMANCE.
25. No Real Property Interests; Limitations on Rights. Licensee acknowledges the following:
(i) the License is not a right or interest in real property, and this Agreement does not confer,
assign or create any right or interest in real property; (ii) Licensor makes no warranties or
representations, express or implied, with respect to its title to any real property interest in the
Licensed Property; (iii) the License and Licensee's rights hereunder are subject to all outstanding
encumbrances to Licensor's title with respect to the Licensed Property; (iv) in each case where
Licensor owns less than a fee title interest in a portion of the Licensed Property (e.g., where
Licensor holds an easement or leasehold interest), Licensee's rights are limited to the rights of
Licensor, and subject to the same terms, limitations and conditions as those applicable to
Licensor; (v) to the extent the grant of the License is subject to the approval of any landlord,
grantor under an easement, or other third party, the grant of the License is subject to obtaining
such approval; and (vi) to the extent the grant of the License herein would cause a default under
any applicable lease or easement of Licensor, the License shall be deemed void with respect to
such lease or easement, with the same effect as if never granted.
26. Notices. All written notices required under this License must be hand delivered or sent
by certified mail addressed to the proper party at the following addresses:
Master License Agreement for Hike and Bike Trails Page 13
License No. L106162
To Licensor: CenterPoint Energy
P.O. Box 1700
Houston, Texas 77251
Attention: Manager, Surveying & Right -of -Way
To Licensee: City of Baytown
2401 Market St.
Baytown, Texas 77522
Attention: City Manager
27. Texas Law. This Agreement shall be construed under, and in accordance with, the laws
of the State of Texas. Licensor reserves the right to deny access to the Licensed Property to
Licensee or the general public if deemed necessary to comply with governmental laws or
regulations. This License is performable in Harris County, Texas, and exclusive venue for
enforcing same shall be Harris County, Texas.
28. Amendment. No amendment, modification, or alteration of the terms of this Agreement
shall be binding unless it is in writing, dated subsequent to this Agreement, and duly executed by
the parties hereto.
29. Exercise of Rights. No delay or omission by Licensor in exercising any right hereunder
shall operate as a waiver or a forfeiture of such right.
30. Effective Date. This Agreement shall become effective following execution by Licensor
and the countersignature by the City Controller for Licensee.
LICENSOR:
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
By:
Name:
Title:
Date:
Master License Agreement for Hike and Bike Trails Page 14
License No. L106162
LICENSEE:
CITY OF BAYTOWN, TEXAS
Mayor
ATTEST/SEAL:
City Secretary
COUNTERSIGNED:
City Controller
Date
Date
APPROVED AS TO FORM:
Date City Attorney
Master License Agreement for Hike and Bike Trails Page 15
License No. L106162
Exhibit "A"
to the
Master License Agreement for
Hike and Bike Trails
between
CenterPoint Energy Houston Electric, LLC
and
The City of Baytown, Texas
[Each Exhibit "A" will meet the requirements shown on Exhibit "E ", include the signature block
shown at the bottom of this form Exhibit "A" upon the signature of both Licensor and Licensee.]
City of Baytown, Texas
By:
Name:
Title:_
Date:
CenterPoint Energy Houston Electric, LLC
By:_
Name:
Title:_
Date:
License No. L106162
Exhibit "B"
to the
Master License Agreement for Hike and Bike Trails
between
CenterPoint Energy Houston Electric, LLC
and
The City of Baytown, Texas
License No. L106162
SPECIFICATION
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC
P. 0. BOX 1700, HOUSTON, TEXAS 77251 -1500
A. CONSTRUCTION
Reference Drawings:
CenterPoint Energy Transmission Standards Manual
Drawing No.: 006- 203 -01
006- 203 -02
006 - 203 -04
006 - 203 -07
GC3GATE
Hike and Bike Trail Specification
Reference Specifications:
CenterPoint Energy #007- 229 -06
Texas Health & Safety Code - Chapter 752
Federal Regulations, Title 29, CFR 1926.651, CFR 1910.333 ASTM C76
Texas Highway Department Standard Specifications for Construction of Highways,
Streets and Bridges: Item 162,Item 164,Item 166
American Association of State Highway and Transportation Officials (AASHTO) 27'"
Edition -2002
B. SPECIAL AND TECHNICAL CONDITIONS FLEXIBLE BASE ROAD AND YARD PAVING
REFERENCE SPECIFICATIONS:
Texas Highway Department (THD) Item 260
a /k /a Texas Department of Transportation (TxDOT)
1972 Standards for Construction Item 264
Of Highways, Streets and Bridges Item 270
Texas Highway Department Tex - 101E -1966 ASTM C14 -75
Test Methods Tex - 104E -1968 ASTM C76 -75
Tex 106E -1962 ASTM C506 -75
Tex 110 E 1968 ASTM C150 -76
Tex 114E -1965 ASTM D2487 -69
Tex 115E 1962 AWPA C1 -73
Tex -116E 1962 AWPA C2 -73
AWPA A5-76
AWPA P8-64
AWPA P9 -73
SPECIFICATION
SHEET 1 of 35 SHEETS
SPEC ID 007 231 79
NO, DATE REVISION SECTION(S) AFFECTED BY CH APP
1 07/03/86 Created RDT RNM RE8
Z 05/05/03 Revised all sections LRS LRS M1P
3 02118103 Revised all -Split Sec9 LRS LRS PAP
4 10/20/09 Revised iect.4 LRS LRS M1P
5 01/19/12 Revised Gate &Access Widths LRS LRS M)P
6 02/10/14 Overall Revision
MDL
LRS
JHD
License No. L106162
CONTENTS
Item No.
Title
Pane No.
1.0
SCOPE
20
DEFINITIONS
3
3.0
GENERAL REQUIREMENTS FOR CONSTRUCTION
4
40
SPECIAL REQUIREMENTS FOR PIPELINES
9
AND VALVE SITES, COMMUNICATION CABLES AND
CABLE TELEVISION INSTALLATIONS
5.0
SPECIAL REQUIREMENTS FOR DRAINAGE DITCHES
12
6.0
SPECIAL REQUIREMENTS FOR STREETS AND ROADS,
12
HIKE AND BIKE TRAILS, AND PLAYGROUND EQUIPMENT
7.0
SPECIAL REQUIREMENTS FOR SPUR TRACKS
13
80
SPECIAL REQUIREMENTS FOR PARKING FACILITIES
13
9.0
SPECIAL REQUIREMENTS FOR NURSERY OPERATIONS
14
10.0
SPECIAL REQUIREMENTS FOR DECORATIVE PLANTING
14
110
SPECIAL REQUIREMENTS FOR PROTECTING CULTURAL
15
RESOURCES, ARCHAEOLOGICAL SITES, AND THREATENED
AND ENDANGERED PLANTS AND ANIMALS
12.0
SPECIFICATION FOR SPECIAL AND TECHNICAL CONDITIONS
26
FLEXIBLE BASE ROAD AND YARD PAVING, #007 -229 06
SPECIFICATION
SHEET 2 of 35 SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
1.0 SCOPE
a This specification covers the requirements that a Grantee /Contractor shall adhere to
when performing work on the property of CenterPoint Energy.
b. At the time of this revision, the active Company Representatives for these
specifications and or their successors are:
Ms. Janice Coburn Mr. Lee R. Stoerner
Office 713- 207 -6138 Office 713- 207 -6480
Cell 281-460-0635 Cell 713- 905 -5473
Mr. D. Scott Humble Mr. Mark Twardowski
Office 713- 207 -6747 Office 713 - 207 -6481
Cell 713 -85S- 7836 Cell 281 - 935-4671
Office Fax 713- 207 -4031
2.0 DEFINITIONS
a. Company — CenterPoint Energy Houston Electric, LLC, which also may be referred to
as Grantor in associated documents.
b Company's Representative - The person or persons designated in the agreement to
inspect the work performed on Company Property.
c Lompany's Property - All property in which the company has an interest (easement
or fee) including distribution easements, district office locations, and substations as
they pertain to transmission use including towers, poles and wires, which also may
be referred to as Grantor's Property in associated documents
d Agreement — The written contract, letter agreement, or Document by which the
company formally authorizes the use of its property by an outside party
e Grantee - The actual owner, developer, lessee, private person, partnership,
company, corporation or governmental entity that is responsible for the
maintenance and control of the facility or work authorized by the Agreement, which
also may be referred to as Grantee in associated documents.
f Contractor — Any individual or business firm, separate from the grantee, but
contracting to perform or supply part or all of the activity or facilities under the
Grantee.
SPECIFICATION
SHEET 3 of 35 SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
g. Subcontractor - Any individual or business firm, separate from the contractor,
but contracting to perform or supply part or all of the activity or facilities under
the Contractor. Any work performed by the Subcontractor and its agents or
employees shall comply with the provisions of the Agreement as if they were
employees of the Contractor.
3.0 GENERAL REQUIREMENTS FOR CONSTRUCTION
a The fallowing General Requirements in this section are applicable to a
Grantee /Contractor requesting permission to perform construction work on
Company's Property. The Special Requirements in other sections apply in addition to
these General Requirements.
b Any violation of the requirements contained herein shall be considered as grounds,
by the Company's Representative, to stop the construction until corrective actions
are taken.
C. No work shall be performed on Saturdays, Sundays or holidays on company's
Property unless approved by the Company's Representative forty -eight (48) hours in
advance
d The Grantee /Contractor shall furnish to the Company's Representative access at all
times to the work being done and to the premises used by the Grantee /Contractor.
and shall provide every reasonable accommodation for the purpose of inspection,
even to the extent of discontinuing portions of the work temporarily, or of
uncovering or taking down portions of finished work.
e Upon project completion, the Grantee /Contractor shall return Company's Property
to its original condition or better, including roads, fences, and gates.
• The Grantee /Contractor shall grade Company's Property to a smooth finish,
and all excess material shall be either removed from. or distributed on
Company's Property as directed by the Company's Representative
All swales, ditches, and other surface graded areas disturbed during
construction shall be seeded with Bermuda grass in accordance with Texas
Highway Department Item 164 Fertilizer application shall conform to Texas
Highway Department Item 166 and shall have an analysis of 16 -8 -8.
All debris, vegetation or cleared materials shall be removed from
Company's Property by the Grantee /Contractor, including:
Trash, rubble and any flammable materials.
Sand, concrete and construction materials.
SPECIFICATION
SHEET 4 of 35 SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
Containers of any type or character for the purpose of storing
trash.
Any material defined in environmental regulations as a solid
waste, regulated toxic material or hazardous material.
DOCUMENTATION REQUIREMENTS
• The Grantee /Contractor shall have a copy of the signed Agreement at all
limes at the construction site where the operation of equipment Is within
Company's Property. It is the Grantee's responsibility to provide a copy of
this specification to the Contractor and to ensure that all the provisions in
the Agreement are followed.
• Any necessary field changes or modifications to the Agreement must be
approved in writing by the Company's Representative prior to construction
by the Grantee /Contractor.
• It is the Grantee /Contractor's responsibility to examine all the available
records and to make a field inspection of the site and Company's Property
for determination of the surface conditions and surface water conditions to
be encountered, and the character of equipment and facilities needed for
the desired work.
NOTIFICATION REQUIREMENTS
• The Grantee /Contractor shall be responsible for notifying all parties having
an interest in or an easement on, under or above the subject Company's
Property. The construction requirements of the parties with prior rights shall
be observed; however, the Company's Specification for Construction shall be
adhered to as a minimum.
The Grantee /Contractor shall notify the Company's Representative seven (7)
days prior to beginning any type of work so that an inspection of Company's
facilities and /or properties can be arranged. The Grantee /Contractor shall
provide the name and telephone number of their representative responsible
for the construction activities to coordinate a preliminary inspection. The
executing party of the Agreement shall pay the repair cost for damages to
Company's facilities caused by the Grantee /Contractor.
• The Grantee /Contractor shall be responsible to call the One -Call Network at
forty- eight (48) hours prior to construction, to locate the
Company's underground fiber optics line, and /or underground distribution
facilities, and /or underground transmission facilities.
SPECIFICATION
SHEET 5 of 35 SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
DAMAGE MITIGATION REQUIREMENTS
• Any use of land necessary by the Grantee /Contractor's operations which
causes damage to property, crops, etc. shall be mitigated by the
Grantee /Contractor at his expense.
• Any damage to Company's facilities or Company s Property caused by the
Grantee /Contractor's operations shall be mitigated by the
Grantee /Contractor at his expense.
SAFETY AND EQUIPMENT REQUIREMENTS
It shall be the Grantee's responsibility to ensure that the Contractor be
familiar with and comply with all local, state, and federal codes (i.e. Texas
Health and Safety Code Chapter752 and Federal Regulations, Title 29, CFR
1910.333, CFR 1926.1407 -1411) for construction operations in close
proximity to electrical power lines The Grantee /Contractor shall comply
with all applicable federal, state, and local environmental regulations
concerning the loading and transportation of hazardous materials.
The Grantee /Contractor shall take all precautions necessary, shall be
responsible for the safety of the work, and shall maintain all lights, guards,
barriers, barricades, signs, temporary passageways, or other protection
necessary for that purpose. The work shall be carried on to completion
without damage to any work or property of the Company or of others and
without interference with the operation of existing machinery or equipment.
The Grantee /Contractor shall be responsible at all times for the safety of the
general public and for the protection of persons who may for any reason
enter within the limits of his work and shall comply with all the laws of the
State of Texas and the United States and with all valid rules and regulations
now in force or hereafter adopted pursuant there to. Effective
barricades with acceptable warning and detour signs shall protect roads and
highways closed to traffic All barricades and obstructions shall be
illuminated at night, and all lights shall be kept burning from sunset to
sunrise. The Grantee /Contractor shall bear the entire expense and shall not
be reimbursed directly or separately by the Company for providing and
maintaining all necessary or required barricades, warning lights, danger
signals, signs or other precautions for the protection of the work and safety
of the public.
SPECIFICATION
SHEET 6 of 35 SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
• If at any time the Grantee /Contractor's methods, materials or equipment
appear to the Company's Representative to be unsafe, inefficient or
inadequate for securing the safety of the workers the public, or any
Company's facilities, he may order the Grantee /Contractor to increase his
safety, efficiency and adequacy, and the Grantee /Contractor shall comply
with such orders. The failure of the Company's Representative to make such
demands shall not relieve the Grantee /Contractor of his obligation to secure
the quality and safe conduct of the work, and the grantee /Contractor alone
shall be and remain liable and responsible for the safety, efficiency and
adequacy of his methods, materials, working force and equipment,
irrespective of whether or not any changes are made as a result of any
orders received from the Company's Representative
• The Grantee /Contractor shall immediately remove from the job, whenever
requested to do so by the Company's Representative, any person considered
to be disposed or disorderly; or for any other reason unsatisfactorily
complying with the requirements of this specification, and such person shall
not again be employed on the work without the consent of the Company
• The Grantee /Contractor shall not permit or suffer the introduction or the
use of intoxicating liquor or narcotic drugs upon any of the grounds occupied
or controlled by the Company
• No structure of any type shall be constructed on Company's Property unless
a final set of detailed drawings have been reviewed and approved by the
Transmission Operations Department. Structures include but are not limited
to signs, fences, paving, lighting, drainage facilities, etc All structures of any
type must be properly grounded.
• No temporary fuel tanks shall be stored on Company's Property unless prior
written approval has been granted Prior to approval, a specific location will
be determined by the Company's Representative and the
Grantee /Contractor. Fuel tanks within Company's Property must be
adequately grounded and bermed for spill protection.
• No equipment or material shall be permitted on Company's Property at a
height greater than 15 feet above natural ground elevation, unless approved
by the Company's Representative. Cranes, lifts, etc. shall be blocked so that
operators may not bring the boom to a greater height.
• Trenching and excavation will not be permitted within twenty (20) feet of
any structure foundation or other facilities measured at ground level unless
approved by the Company's Representative
SPECIFICATION
SHEET 7 of 35 SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
• Excavation shall comply with CFR 1926.651 The installation of sheet piling
cribbing or other protective measures beyond the scope of CFR 1926 651
will be required if stipulated by the Company's Representative.
• No self - propelled equipment shall be allowed directly beneath a lattice
tower.
I. RIGHT OF WAY ACCESS REQUIREMENTS
• The Grantee /Contractor shall not sell, assign, or remove equipment or
materials which have been installed by or which are owned by the Company
anti may be necessary for right -of -way access or any other activities without
the written consent of the Company's Representative-
• No equipment, material, or railroad cars shall be stored on Company's
Property without prior written consent
• A minimum 20 -foot wide access path along Company's Property shall be
kept free of obstacles at all times to provide a passable area for the
Company's equipment to travel
• The Grantee /Contractor upon the request of the Company's Representative
shall use matting on the right of -way for temporary access on or across
Company's Property.
k. DRAINAGE REQUIREMENTS
• Under no circumstances shall the natural drainage pattern of Company's
Property be blocked or altered by construction All previously existing
ditches shall be re- established
• All reinforced concrete pipes installed on Company's Property should be
Class Iv as specified by ASTM Specification C76 and should have a minimum
of 12 inches of cover.
• All corrugated steel pipe and high density polyethylene pipe used for
culverts and installed on Company's Property should be 16 gauges with 2 &
2/3" x A" or 3" x 1" corrugations and have a minimum of 12 inches of cover
or manufacturer's specified rover.
• The top of all manholes shall be built at final grade and must be capable of
HS -20-44 loading, (A ASHTO 17th Edition- 2002). All manholes must be
protected with a minimum of four 6" diameter bollards made of wood or
steel that are 6' long and set at least 24" in the ground with 48" above the
ground.
SPECIFICATION
SHEET 8 of 35 SHEETS
SPECID 1 007 1 231 1 79
License No. L106162
SPOILING REQUIREMENTS
• No spoiling is allowed unless written approval has been obtained
Spoiling, if allowed, shall be done as directed by the Company's
Representative The spoil material shall be free of concrete, asphalt, steel.
wood, or any other objectionable material. Spoil material shall not be
stockpiled or placed over any distribution manholes, pull holes, etc. The spoil
material shall be spread in lifts not to exceed 12" and compacted as required
by the Company's Representative. The end results of spoiling and grading
shall yield positive drainage and flow with no ponding.
The elevation beneath any of the Company's structures within the limits of
the proposed work shall be maintained equal to or greater than the
surrounding finished grade elevation. Spoil material, if approved in writing,
shall not exceed a point six (6) Inches below the top elevation of the
concrete cap of a tower foundation. Any spoil material added beneath the
tower shall be compacted to 95% density with a tamper or hand vibratory
equipment and shaped to a smooth finish to provide proper drainage.
40 SPECIAL REQUIREMENTS FOR PIPELINES AND VALVE SITES, COMMUNICATION CABLES AND
CABLE TELEVISION INSTALLATIONS
Pipelines shall have a minimum cover of four (4) feet, measured from the top of the
pipe to the natural ground level, unless otherwise specified in the Agreement.
Pipelines to be installed within twenty (20) feet of any structure foundation shall be
installed by either boring, tunneling, or other protective methods approved by the
Company Representative. Where boring is performed, the hole shall not be more
than one (1) inch greater than the outside diameter of the pipe and the protective
coating or casing. Where tunneling is performed and column bents of concrete are
used, the top of the concrete shall be a minimum of three (3) feet below ground
level and the remainder of the column shall be filled and compacted at lifts not to
exceed twelve (12) inches to 95% Standard Proctor density. De watering will not be
permitted unless approved by the Company's Representative.
Trenches shall be backfilled, sufficiently compacted to prevent future settlement,
and crowned as required by the Company's Representative For any settlement that
occurs as a result of access for the associated pipeline Installation, the owner of the
pipeline, upon request, shall fill or smooth the Company's right -of -way as directed.
SPECIFICATION
SHEET 9 of 3S SHEETS
SPECID 007 231 79
License No. L106162
d. No structure of any type shall be constructed on Company's Property unless
described in detail in the formal agreement document, except for test point
terminals and pipeline markers, which shall be installed in locations such that they
do not create an obstruction to Company's equipment traveling within Company's
Property.
e If at any time the pipe is abandoned, the pipe shall be removed by the pipeline
owner. If the pipe cannot be removed because of possible damage to Company's
facilities (tower foundation, poles, etc.), the pipeline shall be tilt 20' away from each
side of the Company facility and the abandoned pipe section filled with grout to
prevent future caving or settling.
f Pipelines with a proposed location between a Company's structure and a down guy
anchor or other appurtenance will be bored or tunneled unless specific approval has
been granted by the Company's Representative.
is New or relocated pipeline occupations that are located between a lattice tower's
foundations will require the Company to install "Mower Guards" (Company Drawing
#1006- 203 -07) at each tower at the expense of the requesting pipeline company.
li The following are additional requirements applicable to installations of valve and
metering sites within Company's Property
• No valve site or station is to be located closer than fifty (SO) feet to a
transmission structure or appurtenance without exclusive written consent
• Valve sites or stations are to be located on Company's Property such that
they do not limit access along Company's Property.
• Valve sites or stations are to have perimeter barricades or fences installed in
order to prevent damage from equipment traveling along Company's
Property.
• Valve sites or stations, plus an additional three (3) feet outside the site area,
shall be kept free of high grass and weeds at all times by the valve owners.
• Valve sites or stations are to be well marked with the owner's name and
telephone number to be called in cases of emergency.
• No blow -off vents or flares are to be located on Company s Property.
• Grounding/Anode Beds will be treated as a Valve Site, separately from the
pipelines.
SPECIFICATION
SHEET 30 of 35 SHEETS
SPEC ID 1 007 1 2.31 79
License No. L106162
The following are additional requirements for pipeline crossings of the Company's
underground electric distribution facilities.
• The Company will furnish upon Grantee /Contractor's request any drawings
of the existing underground distribution facilities.
• If a crossing Is required, the pipeline shall be installed beneath the
Company's underground distribution facilities. A minimum vertical
clearance of eighteen (18) inches must be maintained between the
Company's underground distribution facilities and any other facilities (Le
outside pipe wall to outside concrete encasement or pipe wall)
• If a pipeline is installed parallel to the Company's underground electric
distribution facilities, a minimum horizontal clearance of five (5) feet must
be maintained between the Company's underground distribution facilities
and any other facilities (i.e. outside pipe wall to outside concrete
encasement or pipe wall).
• If the Company's concrete encased duct bank is to be exposed during the
installation or maintenance of a pipeline, the Company's duct bank must be
fully supported every four (4) feet.
• Upon completion of the work, Grantee shall furnish the Company with a
complete set of as -built drawings. Any substitutions or changes made by the
Contractor /Grantee for the purpose of fabrication or installation shall be
marked by t ontractor /Grantee on those drawings and accompanied by a
complete revised metes and bounds or centerline description if applicable
COMMUNICATION CABLES AND CABLE TELEVISION INSTALLATIONS
• Overhead cables must be approved by a Representative from the Asset
Planning and Optimization Transmission Encroachment & 3rd Party Use
Department, for location and maximum and minimum height requirements.
• All underground occupations must be buried with a minimum 4.0' of rover
and all above ground appurtenances must be approved for location.
SPECIFICATION
SHEET 11 of 35 SHEETS
SPECIE) 007 231 79
License No. L106162
5.0 SPECIAL REQUIREMENTS FOR DRAINAGE DITCHES
Ditch side slopes along Company's Property shall be "Asphalt Mulch Seeded" with
Bermuda grass in accordance with Texas Highway Department, Item 164.
Application of seed shall be at the rate of forty (40) pounds per acre. Asphalt Film
Spray Emulsion SS-1, CSS -1. CMS -25, or MS -2 shall be used. This spray is to be
applied at the rate of 0.2 to 0.4 gallons per square yard Fertilizer application shall
conform to Texas Highway Department, Item 166 and shall have an analysis of
16-58 urea form.
ALTERNATE. The Grantee /Contractor may use solid "Block Sodding" on ditch side
slopes In accordance with Texas Highway Department, Item 162.
b Cement stabilized limestone and cement stabilized sand shall conform to Company's
Specification #007- 229.06, attached hereto and made a part hereof.
c Unless specified otherwise, the Grantee /Contractor shall Install, for the exclusive
use of the Company, a culvert crossing for access to Company's Property with a
roadway width of twenty four (24) feet. The Grantee /Contractor shall install the
roadway at the location stipulated in the Agreement or as determined by the
Company's Representative.
d Ditch design shall be such that erosion and slope stability is controlled by flat side
slopes, natural vegetation, riprap or other approved methods. The side slopes of
ditches shall not be steeper than 4:1.
e The high bank of any ditch shall not be closer than twenty four (24) feet to any
structure foundation measured at ground level unless approved by the Company's
Representative. The high bank of any ditch shall not be closer than three (3) feet to
any wood poles or appurtenances measured at ground level unless approved by
the Company's Representative. If this is not possible, the wood poles will be braced
or relocated by the Company at the Grantee /Contractor's expense.
6.0 SPECIAL REQUIREMENTS FOR STREETS, ROADS, HIKE AND BIKE TRAILS, AND PLAY GROUND
EQUIPMENT
Barricades to protect the Company's structures shall be installed as required before
construction of the street or road begins
b- Unless specified otherwise, the Grantee /Contractor shall install, tot the exclusive
use by the Company, a twenty four (24) foot wide drive on both sides of the street
or road. The Grantee /Contractor shall install the drive at the location stipulated in
the Agreement or as determined by the Company's Representative Curb cut -outs
shall be installed with a five (5) foot radius.
SPECIFICATION
SHEET 12 of 35 SHEETS
SPECID 1 007 1 231 79
License No. L106162
C. Adequate drainage for Company's Property shall be provided and indicated on plan
and profile drawings at each street or road crossing. Installation of drainage
structures and /or shaping of the adjacent property to ensure proper drainage of
Company's Property shall be done at Grantee /Contractor's expense
d. Hike and Bike Trail minimum standards are references) on CenterPolnt Energy
Transmission Standard, Hike and Bike Trails, Minimum Standards Drawings. Subject
to full review and subject to change based on the field notes.
PLAY GROUP EQUIPMENT or ANY RECREATION FACILITIES is prohibited within
Company's Property without any exception
70 SPECIAL REQUIREMENTS FOR SPUR TRACKS
a. Company's structures located within twelve (12) feet of the nearest rail of the
proposed rail spur shall be relocated at the spur track owner's expense The
Company's construction forces will relocate the structures
b. For the exclusive use of the Company, the Grantee /Contractor shall install a twenty
four (24) foot wide grade crossing over the spur track In accordance with local
railroad specifications, Before construction can begin, the Grantee /Contractor shall
assume responsibility for the exact location of the grade crossing with respect to the
Company's right -of -way line as determined by the Company's Representative If the
spur right -of way is to be cross - fenced, a twenty four (24) foot wide gate shall bp
installed in each cross fence at/and parallel to the grade crossing.
C. The top rail elevation shall not exceed four (4) feet above the natural ground
elevation of the t ompany's rightof• way.
8.0 SPECIAL REQUIREMENTS FOR PARKING FACILITIES
a. Parking lot plans showing the area to be surfaced, curbs, fences, drainage and traffic
access routes as applicable must be submitted to and approved by the Company's
Representative prior to the granting of the Agreement
b. No through roads will be allowed along Company's Property; therefore, if the
parking lot has multiple entrances, the lot must be so constructed that through
traffic is not possible
Company's Property requested for parking must be immediately adjacent or
substantially close to the Grantee's property.
SPECIFICATION
SHEET 13 of 35 SHEETS
SPECID 1 007 1 231 1 79
License No. L106162
d. The Grantee /Contractor shall be responsible for any damage to Company's facilities.
This includes all existing structures as well as future structures. Barriers will be
required it the proposed parking facility or any drives assoriated with the parkinn
area are closer than ten (10) feet to any transmission facility. Barriers in accordance
with Company's Drawing #006. 203 -01, 006- 203-02. or 006 - 203 -04. attached hereto
and made a part hereof, shall be installed.
e. it fences or traffic restrictors are placed across Company's Property, the
Grantee /Contractor must install a twenty four (24) foot gate in accordance with
Company's Drawing #GC3GATE, attached hereto and made a part hereof. on which
the Company will install a chain and lock.
f The Company reserves the right to enter and traverse any parking facility as
required for inspection, maintenance or construction purposes and reserves the
right to cancel all or part of the agreement as may be required for the installation of
future facilities or maintenance of existing facilities.
9.0 SPECIAL REQUIREMENTS FOR NURSERY OPERATIONS
a Liquid fertilizer is not allowed on Company's Property.
b No permanent spiinklei systems are allowed on Company's Property,
C. Only containerized trees and plants will be allowed on nursery operations and only
to a maximum height of ten (10) feet.
d No berms or earthen mounds will be allowed
e. The Company Is not to be held responsible for any plants that may be damaged due
to emergency repair of the Company's facilities
10.0 SPECIAL REQUIREMENTS FOR DECORATIVE PLANTING
a. No plants which at maturity are taller than ten (10) feet will be approved and
subject to approval on a case by case basis. No planting shall be made closer than
twenty (20) feet to any Company's structure.
b No trees of any type will be allowed
C No berms or earthen mounds will be allowed
d No permanent sprinkler systems are allowed on Company's Pioperty.
e Liquid fertilizer is not allowed on Company's Property,
SPECIFICATION
SHEET 14 of 35 SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
f The Company reserves the right to have plantings removed by the
Grantee /Contractor without notice. Should plantings not be removed, the Company
will remove the plantings and not be liable for their replacement.
g. Any vegetation placed within Company's Property without prior written approval
may be removed by the Company. The Grantee /Contractor shall be responsible for
reimbursing the Company for removal of unauthorized plantings.
h The Company is not to he held responsible for any decorative grass or plants that
may be damaged.
I. Grantee shall keep Company Property free of high grass, weeds, and trash within
the area covered by the Agreement,
11.0 SPECIAL REQUIREMENTS FOR PROTECTING CULTURAL RESOURCES, ARCHAEOLOGICAL SITES,
AND THREATENED AND ENDANGERED PLANTS AND ANIMALS
a. Archaeological and historical sites
• Known or potential archaeological or historical site(s)
The Grantee /Contractor shall conspicuously mark the ;rte areas in
the field to ensure the areas are avoided by construction activities.
If a site is determined to be located in a wooded area, any necessary
vegetation clearing shall be done in such a manner that the root
zone is not disturbed until an archaeologist has completed and
investigation of the site, including removal of all artifacts. This may
be accomplished by using manually operated chain saws or
mechanical cutters to cut down trees at ground level and lifting them
onto trucks for transport out of the right of way rather than dragging
them. When archaeological work is completed, stump grinders may
be used to remove the remaining portions of large trees below
ground level, after which the surrounding surface can be prepared
for construction More specific procedures for avoidance or
lessening of damage to sites will be decided on a site-by-site basis, or
as directed by the State Historic Preservation Office.
•A In certain circumstances, it may be necessary for vehicles to cross
the identified archaeological/ historical areas. In such cases, loose
earth fill, or other temporary ground cover, in a thickness necessary
to prevent damage by the passage of vehicles over the site surface
will be placed on such sites The fill shall be a contrasting color or
texture so as to allow re- establishment of the original site surface at
a later date. The Grantee /Contractor shall document the placement
and removal of such temporary fill.
SPECIFICATION
SHEET 15 of 35 SHEETS
SPECAD 1 007 1 231 1 79
License No. L106162
• Unknown archaeological or historical site(s)
Upon discovery of any evidence of an archaeological or historical site
(e.g. accumulations of oyster shells or other seashells, pottery or
pottery pieces, animal or human bones, rusted metal such as nails or
cannon balls), all construction operations in the immediate vicinity
shall cease The Grantee/ Contractor shall promptly contact the
Company's Representative
The Company will contact qualified environmental contractors to
investigate the discovered site in accordance with applicable
procedures and guidelines The area of significance will be
conspicuously marked in the field so that construction activities may
proceed while avoiding the site
• Mitigation process
It a structure or site cannot be protected through any relocation,
stabilization or restoration technique, then mitigation of the
construction effects on archaeological and /or historical sites will be
performed in accordance with applicable procedures and guidelines
as directed by the State Historic Preservation Office.
Endangered or threatened plants and animals
• Known locations of species and /or their habitats
The company may provide the Grantee /Contractor any previously
documented sites of any known endangered and threatened species
that it has discovered along the construction route. Where such
documentation is provided, the Grantee /Contractor shall implement
any mitigating actions required by the Company.
• Unknown locations of species and /or their habitats
If during construction, the Grantee /Contractor discovers aii
endangered or threatened plant or animal species, the
Grantee /Contractor shall cease all work in that immediate area. The
Grantee /Contractor shall promptly notify the Company's
Representative who will notify the appropriate State /Federal
agencies for any required mitigating actions.
SPECIFICATION
SHEET 16 of 35 SHEETS
SPECID 1 007 1 231 1 79
License No. L106162
If during construction, the Grantee /Contractor discovers an
endangered or threatened plant or animal species. the
Grantee /Contractor shall cease all work in that immediate area
The Grantee /Contractor shall promptly notify the Company's
Representative who will notify the appropriate State /Federal
agencies for any required mitigating actions
• Mitigation process
Any mitigation concerning endangered and /or threatened species,
applicable to the project construction, will be reviewed by the
Company and communicated to the Grantee /Contractor only when
necessary mitigation measures have been completed by the
Grantee /Contractor will construction work be reinitiated
SPECIFICATION
SHEET 17 of 35 SHEETS
SPEC ID 007 211 79
License No. L106162
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SPECIFICATION
SHEET 18 of 35 SHEETS
SPECID 1 007 1 231 1 79
License No. L106162
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SPECIFICATION
SHEET 19 of 35 SHEETS
SPEC ID 007 231 79
License No. L106162
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SHEET 20 of 35 SHEETS
SPECID 1 007 1 231 1 79
License No. L106162
CEM APOINT ENERGY
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2. LOCATE DIVERSION IN TAB 'B'.
J. DETERMINE BARRIER SPACING FROM TAB 'C"
AND 'D'. BARRIERS MAY BE SPACED
EVENLY W OR TO A MAXIMUM OF S' -10' BETWEEN
BARRIERS AND A MAXIMUM OF
E' -70' BETWEEN IRE ENO BARRIER AND TOTER LEG.
A. BARRIERS TO BE LOCATED 2 -0' EAISIDE THE
PERIMETER OF THE BASE. MEASURED FROM
THE STUB ANGLE ISEE PLAN VIEW).
S. POST TO BE SET 2'6" DEEP
S. THE CONTRACTOR IS RESPONSIBLE FOR LDCA11N0
ALL UXDERCRO'JAO UTILITES BEFORE DIGGING.
.00AL POST SUPPLIERS: SAM BASSETT LOIBER
ADDBE551 JB39 POLK STREET
BARRIERS
PHONES 713- 223 -9154
WOOD POST MOWER
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SPECIFICATION
SHEET 21 of 35 SHEETS
SPECID 007 231 79
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SPECIFICATION
SHEET 22 of 35 SHEETS
SPECID 1 007 1 231 1 79
License No. L106162
GCJGATE. CEMTERPOI MY EIIEROT
TRANSMISSION STAXIDARD
SEE 113117.5 C S 10
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S. ALL TIMMER AUD PLSTS SNALL LE 1REA1 E7 IN ACCOPOWE RIM AMPA
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I. ALL 01" SNAL K 12 1/2 SAKE AND VITT NCCT AS" SPEC. A 121.
1. PLOT IrS SIOK 10 RE PAST& TO AI ALL RDUORAV INSTALLATIONS, ON PTR;•G TV
001110 MY CEMIEOPOINI INENi1. TO INSTILL LATTICE SIM IKS ASSEMKV
Unit I U41Vj .
I. POSTS LVE In MC TDPEn MIrn IIATIVE MAT<r IL .
7. AARRLESS LAVE 10 AE I1LE0 NIININ ..", aA fED CI TV UNITS.
1y. CRACK MISES ME to BE 01TSRL0 t01C! YINUNO PC5T5' PLUED. Avg STAPLED,
It. MIEN RCAZA011M9 RIK. PILL OMDCN T1AL TE'ISI AN. WRAP IMIO1 AMZ1p PMI.
TWA 14ICIL DIOWS MIRE. AID STAPLE SEVERAL PLACES OI MI.
12. ILL IRIS N1 CATE MIS SMALL DE INISiO OR DATE hX 5 STAIPPED TO
ITBTExi REMOVAL.
CATES & CULVERTS
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SPECIFICATION
SHEET 23 of 3S SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
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SPECIFICATION
SHEET 24 of 35 SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
EYTEFPuIYT E.EF.r
TRANSVISSIGN STANDARD
J �
¢ a
� 4
NIFE ND EIKE W -
�-_ -^ A' :U%CFETE.__ WITH DRQ F111'.4 u p
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HIKE AND BIKE TRAILS
_ MINIMUM STANDARDS
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SPECIFICATION
SHEET 25 of 35 SHEETS
SPECID 1 007 1 231 1 79
License No. L106162
121 SCOPE
This specification covers the furnishing of labor, material, equipment, permit, and
supervision necessary for the installation of flexible base road and yard paving on
CenterPoint Energy's property
12.2 GENERAL
a The paving work shall be done in accordance with the CenterPoint Energy's
Purchase Order, CenterPoint Energy's drawings, CenterPoint Energy's Job
Specifications, General Conditions for Construction (CenterPoint Energy's
Specification 007- 231 -79) this specification, the Texas Highway Department
Standards (THD), American Society for Testing Materials Standards (ASTM), and the
American Wood Preservers Association Standards (AWPA).
b in case of conflict, the order of precedence shall be the CenterPoint Energy's
Purchase Order. CenterPoint Energy's Job Specification, CenterPoint Energy's
drawings, this Specification, the General Conditions for Construction, and the THD,
ASTM and AWPA Specifications.
C. The equipment for proper prosecution of the work shall be at the work site and
approved by the CenterPoint Energy's Representative prior to the beginning of
construction operations.
d. The Contractor shall maintain on the fob site, at all times, a complete and readable
copy of all specifications and any drawings provided by CenterPoint Energy
governing the subject paving installation.
e. No deviation from this specification will be permitted without authorization from
CenterPoint Energy.
12.3 MATERIAL ESTIMATES
a. The quantities Indicated on the CenterPoint Energy's drawings are estimated by
CenterPoint Energy utilizing plan dimensions, and shall be verified by the Contractor.
If the Contractor detects any discrepancies in the quantities estimated by
CenterPoint Energy, he should amend the figures on the inquiry sheet to reflect the
quantities he has estimated. The quantities shown on the inquiry sheet by
CenterPoint Energy, or as amended by the Contractor, shall be the quantities which
appear on the purchase order when issued and will be the quantities for which th?
Contractor will be paid.
SPECIFICATION
SHEET 26 of 35 SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
12.4 SCHEDULING
a The Contractor shall state in his proposal the number of working days required to
complete the job.
Il The Contractor shall give CenterPoint Energy notice 72 hours prior to the start of
construction.
C. All work shall be performed between the hours of 7:00 a.m. to 7:00 p.m. work shall
not be performed on Saturdays or holidays without a 48 hour advance approval by
CenterPoint Energy Work shall not be performed on Sundays.
12.5 GRUBBING AND EXCAVATION
a. The area to be paved shall be excavated and shaped to conform with the typical
sections shown on the paving drawing.
b The area to be paved shall be "cleared and grubbed" removing and disposing of all
trees, stumps, brush, roots and stripped of all vegetation, logs. rubbish and other
undesirable matter to a depth of four (4) inches.
c Very soft or unstable soils that are deemed unfit due to high humus content. high
water content, low density. etc., shall be removed to a depth determined by
CenterPomt Energy
d. All holes, ruts and depressions shall be filled with material approved by the
CenterPoint Energy's Representative
e. The Contractor shall not use excavated material as fill material without specific
authorization from the CenterPoint Energy's Representative
The Contractor shall exercise care when grading, to stay clear of power lines.
structures, pipes, septic tanks, fences or any underground facilities installed prior to
the road and /or paving construction.
g. The Contractor shall reimburse CenterPoint Energy for the repair or replacement of
any of the previously mentioned equipment he damages.
126 SELECT FILL MATERIAL
a. Select fill material shall conform to a CL (clay) or SM (sand) sod classification
designated in ASTM D -2487 unless otherwise approved by the CenterPoint Energy' .
Representative.
SPEC IFI CAT IJN
SHEET 27 of 35 SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
b. Select fill material shall meet the following Atterberg limits
Class A fill Material
Liquid Limit 30.45
Plasticity Index 7.5 —15
Class 8 Fill Material
Maximum Liquid Limit 35
Maximum Plasticity Index 20
12.7 SOIL STERILANTS
a. When required, Krovar -1 and Dowpon soil sterilants shall be applied to the area to
be paved at the rate of 30 lbs. of Krovar-1 and 30 Ibs of Dowpon in 200 gallons of
water per acre.
b The sod sterilants shall be applied by a state licensed applicator.
The Contractor shall notify the CenterPoint Energy's Representative 48 hours prior
to applying soil sterilants so that spraying operation may be inspected
d Failure to abide by this shall be cause for the Contractor to re -spray the designated
area at his expense.
12.8 CEMENT STABILIZED SOIL
a. Sod that CENTERPOINT ENERGY requires to be stabilized with cement shall be done
In accordance with THD Standards, Item 270.
b The entire area shall be stabilized to the depth shown on the CenterPoint energy's
paving drawings prior to the placement of the fill material.
r- The amount of Portland cement will he specified by CenterPoint Energy as required
by the soil conditions.
d The Contractor shall assume full responsibility for damage resulting from rement
that has washed or blown off the subgrade.
SPECIFICATION
SHEET 28 of 35 SHEETS
SPECID 1 1307 1 231 1 7Q
License No. L106162
12.9 LIME STABILIZED SOIL
a. Soil that CenterPoint Energy requires to be stabilized with lane shall be done in
accordance with THD Standards, Items 260 and 264
b The lime shall be furnished and spread as dry lime
C. The road and yard areas shall be stabilized to the depth shown on the paving
drawings upon completion of grubbing operations and prior to the placement of any
select fill,
d. The amount of lime stabilization will be specified by CenterPoint Energy as required
by the sod conditions.
e. Sprinkling may be employed to reduce dusting problems during spreading, but
excessive wetting of the lime shall be avoided until mixing operations commence
f The Contractor shall assume full responsibility for damages resulting from lime that
has washed or blown off the subgrade
12 10 COMPACTION REQUIREMENTS
a. All select fill matenal, stabilized soil, existing yard paving and excavated areas shall
be compacted to 95% density as established by the Standard Proctor Density Test
with moisture content within 2% optimum
b The select fill material shall be compacted in lifts not to exceed eight (8) inches,
c The CenterPoint Energy's Representative shall approve the equipment the
Contractor proposes to use For compaction of the fill material.
d. CenterPoint Energy will check the In -place density using Nuclear Test Methods
1211 FORMING
a. The forms for the paving shall be constructed of Southern yellow pine treated with
pentachlorophenol.
b The pentachlorophenol solution shall be in accordance with AWPA P8 and AWPA Pq,
and shall contain a minimum of 5% pentachlorophenol by weight as determined by
AWPA A5.
c The preservative treatment shall be by the Empty -Cell Process in accordance with
AWPA C1 and C2.
SPECIFICATION
SHEET 29 of 35 SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
d. The lumber shall be treated to 0.40 pounds per cubic foot final net retention of
pentachlorophenol by assay,
e The forms shall be installed in accordance with the plans and shall be true in both
horizontal and vertical planes.
f The forms shall be of the size, shape and type Indicated on the plans
g Forms and stakes shall be of sound heartwood and shall be free of knots, clustered
birdseye, checks, splits, and sapwood Occasional sound or hollow blydseye when
not in clusters will be permitted, provided the board is free from any other defects
that will impair its usefulness as a form.
h Any forms damaged beyond repair due to the t ontractor's negligence shall be
replaced at his expense.
12 12 CONCRETE PIPE
a. All concrete pipe shall be constructed in accordance with ASTM t, -14, Tongue and
Groove.
b All reinforced concrete pipe shall be constructed to comply with ASTM C -76, Class
IV, Wall B. Reinforced Concrete Pipe.
12.13 GRASS SEEDING
a The substation site shall be seeded with hulled Bermuda at the rate of 110 pounds
per acre, Gulf Coast Rye shall also be planted with the Bermuda when the ground is
70 °F or below. When Bermuda and Gulf Loast Rye are planted together they shall
be proportioned as follows:
Bermuda: 50 pounds per acre
Gulf Coast Rye, 100 pounds per acre
b Seeding shall not be performed when the wind velocity would be detrimental to the
uniform distribution of the seed.
C. The area to be seeded shall be lightly raked to provide a seed bed
d. The required seed mixture shall be sown uniformly in accordance with the
Manufacturer's recommendations.
e After sowing, the area shall be evenly raked to provide cover for the seeds.
f The lawn area shall be watered in a manner so as not to cause surface erosion.
SPECiFICATION
SHEET 30 of 35 SHEETS
SPECID 1 007 1 31 1 74
License No. L106162
1214 AGGREGATES
a The aggregates for the base and sub -base shall consist of one or more of the
following: shell, sand, gravel, limestone, or granite gravel.
b The aggregates when properly slaked and tested shall conform to the following size
requirements:
AGGREGATE
U.S. STANDARD PERCENT RETAINED
MAX. LIQUID
MAX. PLASTIC
TYPE
SIEVE SIZE BY WEIGHT
LIMIT
INDEX
Oyster Shell
2" 0 -12%
7/8" 12 -37%
No. 40 50-85%
No. 200 88 -100%
35
12
Sand
No 10 0 -5%
No. 20 5 -20%
No. 50 75 -90%
No. 100 95 -100%
Gravel
13/4" Screen 0 -10%
No, 4 30 -75%
No. 40 Mesh Sieve 70 -85%
35
12
Shell and Sand
13/4 "Sieve 0 -10%
No 4 Sieve 40 -65%
No 40 Sieve 50 -75%
35
I2
Limestone
13/4" Sieve 0
3/4" Sieve 15-45%
No. 4 Sieve 45 -75%
No. 40 Sieve 60 -85%
40
12
Granite Gravel
3/8" to 3/4" Sieve 10.15%
No.4 15 -25%
No. 8 40 -559f
No 16 55 -70%
No 40 65 -90%
32
14
C.
Local material suppliers shall be approved by CenterPoint
Energy
d.
The aggregate shall be free from excess salt, alkali,
vegetable matter, clay or
otherwise objectionable matter
SPECIKICATION
SHEET 31 of 35 SHEETS
SPEC ID 1 007 231 1 74
License No. L106162
e. At the discretion of CenterPoint Energy, the following THD test methods will utilized
to verify compliance with these specifications:
2 Tex- 101 -E, Preparation of Soil & Flexible Base material for Testing
2. Tex - 104 -E, Liquid Limit
3. Tex - 106 -E, Plastic Index
4. Tex - 110 -E, Sieve Analysis
1215 CEMENT
a. Cement shall be Type 1 of a standard brand of Portland cement and shall conform to
the requirements of ASTM C -150.
12.16 GROUND BOXES
a Ground boxes will be set by CenterPoint Energy before final grading The- Contractor
shall set the ground boxes to finish grade.
b. The Contractor shall set ground boxes to grade over base line monuments.
12 -17 STABILIZED BASE COURSES
a The approximate combination of aggregates stabilized with Portland cement or flue
dust may be provided for the base or subbase in accordance with the following
percent mixtures:
Cement -Dual Base
Cement -Trl -Base
Flue Dust -Dual Base
Oyster Shell 60%
Oyster Shell
30 -55%
Oyster Shell 60%
Sand 33%
Gravel
18 -35%
Sand 33%
Cement 7%
Sand
35-45%
Flue Dust 7%
Cement
1.17 -7%
b The percent of Portland cement In the Cement -Dual Base and the percent of flue
dust in the Flue Dust -Dual Base shall be to the exact proportion give n above
r The percent of Portland cement in the Cement -Tri -Base will range from 117- 7',
with the actual proportion given in the CenterPoint Energy purchase order
ri The Portland cement or flue dust stabilized base courses shall not be mixed or
placed when the air temperature is 40 °F (or below) and failing
SPECIFICATIuN
SHEET 32 of 35 SHEETS
5PECID 1 007 1 231 74
License No. L106162
12.18 MIXING
a The cement, aggregate and water shall be thoroughly mixed in a pugmill type mixer
approved by CenterPomt Energy
Il The plant shall be equipped with feeding and metering devices which will add the
aggregate, cement or flue dust and water into the mixer in the specified quantities
c. The moisture content of the mixture shall be maintained between optimum
moisture and two percentage points above optimum moisture to protect against
dehydration during shipment.
d The optimum moisture content and desirable density shall be determined by the
Texas Highway Department test Method Tex - 114 -E, latest revision, and checked in
the field by the Nuclear Method
12 19 CONSTRUCTION METHODS
a. The Contractor shall apply the base in lifts of not more than 6" or less than 3 ".
b After each lift is spread, it shall be sprinkled and rolled to secure maximum
compaction with succeeding layers placed similarly until the course is completed
The material shall be tamped with floats and /or rolled with a roller weighing not less
than three (3) tons.
C. All areas and "nests" of segregated coarse or fine material shall be corrected or
removed and replaced with well - graded material, then be sprinkled as required and
rolled until a uniform compaction is secured.
d. All irregularities, depressions or weak spots which develop shall be corrected
immediately by scarifying the areas affected, adding suitable material as requited
reshaping and recompacting.
e When the uncompacted stabilized base mixture Is wetted by rain so that at the time
of final compaction the average moisture content exceeds the range specified in the
test, the entire section shall be removed or additional stabilizer shall be added at
the Contractor's expense
f The stabilized base shall be compacted to a density of not less than 95 percent of
compaction ratio density as established by the standard Proctor Density Test. After
completion of compaction the surface that forms the ramp shall be thoroughly
welted and slush rolled to work sufficient mortar to the surface to provide a broom
finish for the ramp.
SPEOFICATION
SHEET 33 of 35 SHEETS
SPECID 1 007 1 231 1 7q
License No. L106162
g. Prior to each day's construction, a straight Joint shall be formed by cutting back into
the entire depth of completed work to form a true vertical face free of loose and
shattered material.
li The stabilized base shall be protected against rapid drying for a period not less than
three days.
J. After the final course of the stabilized base is compacted, the surface shall be
finished to grade and section by blading and shall be sealed with approved
pneumatic tire or flat wheel rollers
k The finished shape of the course shall be smooth and conform to the typical sections
shown on plans, and to the established lines and grades The surface shall be
finished to a tolerance of 1/2 inch in ten (SO) feet under a straight edge.
I Not more than two (20 hours shall elapse between the start of mixing and the time
of starting the compaction of the stabilized base on the prepared subgrade
In. The compaction shall be completed within six (6) hours of the time water is added
to the mixture
The CenterPomt Enemy's Representative may at his /her option reject any stabilized
material that is not in accordance with this specification
o. Tile Contractor shall erect and maintain sufficient barricades to prevent traffic on
the newly paved area(s) for a period of 72 hours.
12.20 GRADING
The Contractor shall surface grade the entire substation property including drainage
facilities to provide a smooth finish and good drainage
In the event the paving installation is performed in two phases, the Contractor shall
surface grade the substation area after each phase.
C. When grading, it shall be the Contractor's responsibility to stay clear of power lines
and structures. When pipes, septic tanks, or any other underground facilities have
been installed prior to road and paving construction, care shall be taken to avoid
damage during construction. If these structures are damaged due to the
Contractor's negligence, they shall be replaced at his expense.
SPECIFICATION
SHEET 34 of 35 SHEETS
SPEC ID 1 007 1 31 1 79
License No. L106162
12.30 JOBCOMPLETION
a The Contractor shall remove all debris, scrap material, broken asphalt or concrete
and any other objectionable material
b Private property that was damaged during construction shall be repaired, replaced
or otherwise corrected at the Contractor's expense.
c The unpaved areas shall be sufficiently smooth to allow machine mowing and
drainage of all areas
d All clean -up work and surface grading shall be complete before the final Inspection
by the CenterPoint Energy's Representative
SPFCIFICATION
SHEET 35 of 35 SHEETS
SPEC ID 1 007 1 231 1 79
License No. L106162
Exhibit "C"
to the
Master License Agreement for Hike and Bike Trails
between
CenterPoint Energy Houston Electric, LLC
and
The City of Baytown, Texas
License No. L106162
Low- Gro►ring Vegetation List
CcriterPoinl fnerg} carefully temovis trees and controls the %egctalion within its transmission line corridors to provide
for a Io%%- uroutng. predictable environment. Do not plant anNihhtg ctthin a transmission right -of -was Without lust
seeking appro%al front the ('enterPoint Fncrg} Survcyine R Right of \\'aN Department at 713- 207 -5709
fhc lollov%mg In%%- growing perennial plant% grov% to a mature height of 10 feet or less Some species or varieties of Ccric
(requiring little valet) plants arc also included. rnr questions about IoW - growing specie.; or %amietics. plc;ise contact
CentcrPoatt Lnergy at 713-:207-2222 or 1- 800 - 112 -71d:, and request that a compam forester he notified to assist )ou
Earth -Kind" Roses
'flu Texas griF_ilc I:vicnsion Scm iec of fcsas A&M I'm%crsmv has selected a vanciv of shnth roses it has designated as
Larlh- Kindly roses. 11ms designation is based on the results of czlcnsi%c roswrcli and lwld trials and is avvarticd only to
those ioses demonstrating superior pest tolerance. combined with outstanding landscape perlorrnanec. These roses
require no pesticides or fungicides to maintain a healthy appearance. and oniv limited fetlihzation will ensure a constant
display of Iloccrs Firm spring thwulalt die lust llcavN trust in the Fall. I'Arlh -Kind* rosch also require less calcnng than
most other roses
Farts -hind' rotics do %veil in a variety of %oil spas- ranging from well- dramed acid sands to pion ly aerated, highs
a16.'ilinc class. Oncu- established. these ioscs also have excellent heat and drought tolerance. but they Ixmelit from a three -
inch later of mulch and %uppLnicntal catering during dr% petiods. cspecially during the First year after transplanting.
. \nother ad %ant.mge of Earth -Kind° roses is thal they are readily available at most plant nursene% to I'mas. and the
varieties listed here grow to less than 10 Icct \II photographs and mane of the descriptions contained in this section of
the plant list .uc Liken from the ccbstic. lmlto. agetc-Itortleulttwe lamu.cdu carllikind roses cullivars.. of the Amas
\griLile Fstcnsion Sun ice and a %ul % %1Ui [licit permission
Revised Ianuar% 2012 Genie oInr Pa_?c 1 of ,I
a_> Energy
License No. L106162
Da arf Shm1) Roves:
'NImic DiaW Rost:
Ilm ltagrant. semi- double Pul%antha roan: with light pink bloonm (Indimt to almost %%bile in intense, heal) has .en le%%
thorns. II needs full sun and good air circulation and %sell drained soil to do its Ixat. 'Mane DO-,' is an excellent choice
for a lo%% hedge or a timnal miss planting bed and it can also he gro mi in individual containers.
Varlet} .Some
feight
Width
Spacing
Water
Flowering
%lKeellaneous
Requirements
Iwoson(%)
'Maric Dah'
Y
3'
5'
Lot%- \toderalc;
Spring -fall
Needs lull sun. hedges
Anne's'
lulcratos Sall
or lonnal Ixds
'Sou,cnir do St. Anne's' Rose:
Iles Bourbon rose; is rated by the Texas _ \gnl.il'e I:x1ension Service: as the most Iragrnnl of all the I'arlh -land' roses. It
should he planted in lull sun and have good air circulation -Iliis varielN is not recommended for areas having an clo \algid
salt content in the water.
Variety Name
Ileighl
"'Will
Spacing
Water
Flowering
Miscelluneous
Requirements
season(s)
'Souvenir de St
Y
Y
5'
Low- Moderetc;
Spring -fall
Onc nl the most
Anne's'
does not tolerate
fragrant varieties
salt
Rcvised.lanuam 2012 CmIelPOlnt Page 2 ol'1l
* Energy
License No. L106162
'The Fair%' Ruse:
Iltis Pol %antha rose has blooms that are medium to light pink blooms and lulls doubt . rclati%el' small in site. hill lhe�
lime little or no fragrance. It doers «ell in a variety of Winperatures and can he grv%%n in all pails of 7'thas. 'llte t'air�
should he grown in tirll sun. 'fhis rase is a good candidate for hedgos as %cell as mass bed plantings and can also he grown
as a container plant
Varieh Name
Height
%Mill
Spacing
�.�
Hovering
Misrellaneous
Cecile Brunner
1 4'
1 3
Varieh Name
Height
%Mill
Spacing
%%aler
Hovering
Misrellaneous
Cecile Brunner
1 4'
1 3
1 9
Requirements
Seawn s
I Swcet fragrance
'The pion'
3'
4'
r.'
Loe- Moderate
Spring -Fidl
\ great hedge rose, full
vin no Ga ra cc
Small Shrub Roses:
'Cecile Brunner' Ruse:
Texas AgriLife Lmension Service calls 'Cecilc Brunner' one of the easiest to grow rose %anctioi. 'Iles Pol)antha rose is
sometimes called Afine. Cecile Brunner' and may also be called The Sweetheart Rose It is of french ancesh'% and has
numcrouv double light pink blooms with darker pink centers.
VariehNarnr
I[eight
Nidth
Spacing
Mater
Require
MmiBring
%meson s
Miscellaneous
Cecile Brunner
1 4'
1 3
1 9
I Low - Moderate
I s nn -Fall
I Swcet fragrance
Rc%iscd Januare 2012 Cen&Polnt Pagc : of +I
Energy
License No. L106162
'Caldwell Pink' Rose:
lliis iv a "found" rose of unknown origin introduced by Dr. hill Welch of Tcxa_a A& 1 University in the 1980s. It is
snmctimcs called the Summcr Carnation Rose due to the form of ila flowers, which are dascribcd as lilac pink but can
lade to almost sthitc undcrhigh heat conditions. 'Cald%%cll Pink* has no fragrance- but it is extrcmcly carefree and makes
an cxcclivnl back border for bads. It can also Ix: planted as a budge and as a container plant.
\'arieh• Name Ileight
Width
Spacing
Water
Flowering
Miscellaneous
Requirements
Scusun(s)
Calduell Pink' 4'
4'
t;
Lore- \kxlerate
Spring- l�,tll
G(xxl along hack
tolerate vilt or
borders or its it hedge,
occneatunn
ax) tragmnce
'Perle d'Or' Rose:
17hi9 French nrsu dating I'rum the 18804 is somcUmcs called "1'cllou Cecile Brunner' 'llw blooms begin as an apneot-
eolorcd bud. and then open to a golden buff pint.. Plants need goocl air circulation and lhe� should he in full sun 'l cxas
AcriLilc L.xlcnsion Sun ice named 'Purlu d Or' its L-artli -Kind Rosc of the 1 car in 2007
Varieh Name
Ileight
1lidth
Spacing 11ater
flowering
Miscellaneous
Requirements
Season(s)
Terle d Or
4
4
n Loin, does not
Spnng -Fall
Very Iragrnnt. can he
tolerate vilt or
groan in clay soils of
occneatunn
men good drainage
Re-,•iscd Januan 2012 lerPt71 Page 4 of 31
ien0t
Energy
License No. L106162
Medium Shrub Roses:
`Is Marne' Rose:
[tits Pohantha rose gas developed in 1915 in rrance Individual hushes have only a I'm thorn~. llle scent - doable
blooms arc made up ol'a pink and tdtitc comhmation of loosch cupped and ndlled Ivials Full sun and a t►elkdratncd
soil are naded.
Variety Name
I leight
Width
Spacing
N ater
Flowering
Miscellaneous
Requirements
Season (s)
'I.a dame'
5'
d'
G'
lee- NIodcralu:
Spring -Pall
(Inc of the hest
d"m not
medium -sized hedge
tolerate salt
roses: light fragrance
'Spice' Rose:
llns full lfouble China rose culttwar has blown% ranging Font blush pink to "Mite ut color. the collx fading in hot
t%cntlier Its origins arc unclear. but sonic: helio%e it to be [ Ionia'% 131ush 'I ca- Secnlod China rose dating front 1810 It has
been ti.wd to produce man} or the popular %ariefies of roses in existence loda) 'Spice' should he planted in lidl sun and in
an area tshero it twill get good air circulation for optimum porfommnco
Vario. Name
Ileight
\Yldth
Spacing
Water
Flowering
Miscellaneous
R► uiremenls
Seasrm(s)
`Spice*
5'
J'
G'
Lac- Moderate
Spring -Fall
Pepper► spice I'ragtancc:
good starter rose for Ircd%
or containers
Re\ iced Januars 2012 Cenoftint Page 5 of 3l
Energy
License No. L106162
'Ilclinda's Dream' Rose:
Ilus cullcar %%as dewloped in 1992 hp n I'c\as A& \I mathematics pmfossor specificall\ to \\illimm\d the high summer
louperatures \\c experience- '13clinda's Dream* \\as the first ol'the Earth-Kind x'roses and continues to lu: the Income of
marl\ people. the 4 -inch medium pink blotnus arc \cr\ lull. having over 100 petals per hbwm. In addilion to mass
plantings, this rose makes an e\cellett specimen plant and can he easily growl in a large container
Varlet} Name
Ileight
\\ Idth
Spacing
\\ ater
Re uiremcnls
Floecring
Season(s)
\liwctlancons
Belimka'x Dwant'
5'
5'
T
1 ow- Moclente
S tin -rall
I \liidh fragrant
'Carefree Beau(•' Rose:
Ibis cull\ar aas de\eloptxl at lo\\a Slate I niversil% to \\iIhsland the long. cold embus of the \lid\\est. II has prawn to
ho.lusl as hard\ in I'c\as and was recogniiei as the 2006 Garth -landk hose M the 1'0\0%Agill 11i7 FMCoswn Senlee
Indi\ ideal bloom~ are semi- double. are deep pink in cedar. and are noxleralel� Gagrmtt \n added attraction is Ihnl larpw
ornnge rose hips are produced h} alnutst even flo\\er. \\hick provides color during the \enter "hen the Ilo\\crs are
domtant
\'arietw Name
Ileight
W Idth
Spacing
Water
Flowering
\Ilscellaneous
Requirement,
Season (s
Carcfrcc Bcauh'
5'
T
1 o%%- \lodentc, salt
spline -fall
Ponnerl\ \abed 'Lab Road
tolerated irdtip
fink`: moderaw fragrance
irrigation used
Rex ised .lanuan 2012 frenterfpolnt Pnge 6 of 31
Energy
License No. L106162
'Else Poulson' Rose:
This Floribunda semi - double rose %%as developed in 1924 by a Danish rose breeder named S.1'ouLvcn It is a relative
large shrub rose. and it has large clusters of upright blooms that have been described as looking like a giant C }clamcn pot
plant. Blooms ary light punk,.sith a slightly- dark,.T pink on the rcccrsv side. Its largo size makes 'Llsu Poulson' a good
choice for placing at the back of a bud. mbere it provides a colorful backdrop for the shorter plants in front of it- lhts rose
needs full sun
J� J
Varieh Name
lleight
Midth
Spacing
dater
47owering
\liseellaneow
Requirements
Season (s)
H-A.- Poulwn*
l
1
T
IAN'- h- lMentte
Spring-F1111
No fragrance necd�
good air circulation.
tolerates poor soils
'Ducher' Rose:
'Duchcr' is a Chma shtuh rose developed in the I 860 by the Ducher faintly of France Il has very douhlc ivory -ahitc
blounns The nras loaves have a bronze coloration. madualiN lightening to light green. Individual plants have a founded
aplxaranec and they make excellent container- groncn specimen plants.
A'arhety Name
Height
Width
Sluicing
N ate
III wing
%livelhtneous
Requirement,.
Season(s)
Vucher
4"
Low- AIodcrate
Spring -Fall
Fruity fragrance. needs
good air circulation
Revised Ianuary 2012 CenoPoint Pagc 7 of?1
Energy
License No. L106162
'DUCll M-%C de Brabant' Rose:
This Tca rose was dc%cloped in 1857 in France and %%as oHcn ttorn in the lapel of his suits h� President llicodorc
Roose%cit. The blooms are described as cupped, ro:sc pink ui color_ and fully double in form. It is an c,,collent bedding
plant. as it specimen or in mass plantings. and also makes a good large container specimen plant.
Variety Nance
Height
111dth
Spacing
Water
Flowering
Miscetlmieous
Requirements
Season s
- Ducliessde
6'
6
c
Low Aloderate
Spring -Fall
Strung ten fragrance:
Brabant
reeds full sun and
good mr circulation
'(;airgelnwn'l'ea' Rnse-
Mts relalivel) large Tca rose uas disco-Bred in the ' mrd ofa davcarc center in Gcorgetocrn. I eras bN 1'exas 4@\l
prollmsor of horticullure Dr Rill Welch. -nu double blooms have a tea -like fragrance. are salmon pink in the center
fadmg to lilac pink at llic cdgcs, and ha%u an unusual pointed appearance due to rolling of each petal at its tip. fhis ruse
can be used in mass plantings or as a speeinie n plant.
Vnrieh Name
Ileight
Midth
Spacing
Mater
Hoeering
Miscellaneous
Requirements
Seuson s
'Georgetown Tea
6
6
8'
Low Moderate
Spring -Fall
Tea frierancc, needs
good air circulation
Rc\ ised Januar.N 2012 CenlerPoint Page 8 of ? 1
Energy
License No. L106162
Knock Out' Rose:
Introduced in 2000, the single. cherry red petals and carefree nature hn%c made it one of the most ciidch -used %arictics of
roses in landscape plantings. Since it %%as named the All American Rose Selection in 2000. hrueders hate do %eloped
sc%eral olhcr colors and bloom ly pes of 'Knock Out' rose, including semi- double and double %arietiw in light pink. n
combination of light pink and ycllou. and it pure yello%% variety. nccy do equally %cell in fidl sun or part sun. Rose hips
are produced in the fall and provide %%inter color. 'Phis rose hits been kno%%n to bloom non -stop during mild %% inters. find
the nc%% reddish- bronze foliaee gradually becomes a medium green color
Varlet% Name
I leight
11 idth
Spacing
(,Water
Ilocrering
Miscellaneous
Requirements
Season (s)
Knock out*
6
6
R•
I mt- Moderate
Spring -i-all
Nomtragnurt in its pink
N Ian
and red colors. but
mildly fragrantyellrnt
cnlor hlnams
`line. Antobte Mari' Rose:
This Tut rose culti%ar. named 2003 Earth -hind" Rose of the Year by the Tcxas AgriLife Extension St n iec. %% Iv;
dex eloped in Prance in 1901. Ne" leaves are a deep maroon color, becoming a medium amen color at maturity The
blooms ha%c the hpical downturned p ctals of n'fea rose. The petals am it dark pink at the base and become light pink fit
the lips
Varier• Name
Height I
U idth
Spacing
Water
Ilowering
Miscellaneous
Requirements
Seuson s
11me. Antoine
6
6
R•
Lae - Moderate
Spring -I•nll
I
lea fragrance needs
N Ian
good air circulation
Revised January 2012 CenterPofnt Page 9 of .,1
Energy
License No. L106162
'Uutabilis' Rose:
'Ihis China rose culth ar is a single blossom varicty dc%- eloped in 1 894, '\ Iutabilis' is a shrub rose that "mutates" through
three distinct color phases, each blossom starting out �cllo«. gradually darkening to pink and Imallp becoming crimson
'I eeas Agril iln I,Mension Sen•iec named -Mutabilic' its 2005 Earth -Kind91 Rose of the Year for its discase resistance and
hieh tolcrancc for hot. humid summer %%cathcr
Variety Name
l leight
idth
Spacing
Water
Flowering
\Uscellaneous
Nei uiremenis
SeaSIn1 x
\•tutabdis'
n'
6'
R'
lute- \lodemte
Spnng. -Pell
Von- t'mgmnt, ulsn
kilo" 11 as the
Buucrllc Rosc
Rc, iscd Januan 2012 CenterPOint Page 10 of ;1
Energy
License No. L106162
Texas Superstar" Perennial Plants
I he I evts . \SriLil; 1•.Munmon 'ion icc or I ems .\dt\I l nnunih hus +,Iccled it \urieh of plants that wll reliabh return
year atler Ncar (perennials). base been lbund in lield trials to be tough enough to x0listand the high hoot and humid! I\ of
Tevts summem and are also disease and pest resistant Centerpoint I ncrg� has elected ilia following plant specter
Nariclies Irom among the -1 ems Superstar' plants to include on this list because of their hardiness under lo%\ haler
conditions. \II photographs and descriptions of 1 eras Supurstar'r plants are taken from the wobsitc of the I'e\nti \gril.ifc
I:dansion Sanicc. tit :_ tc tssrlrx rstar.com plan Is, inde% Mini, and used with their permission.
'Katie' Diiarf Mexican petunia:
'I:ntio , tshich is n varioh ul Ihu spucica /Zutllra brrrrnurmrtn7, is a ntggud, drought - resistant ground corer plead that is
cove red hs siolc .light purple. pink, and uvatn sshitu tlmc�rs that Inst unh one Jn� Iltc ne\1 dns. the., are amtpleteh
replaced b\. u no%\ %c:t of ilotsers 11 produces weds lh3cl� and %sill yuickl% cover the ground in either hill sun or pan
r hnde. The lem cs are gnus~ -like. being broader at the bates and pointed at the tip ends
1'mich \ane
Height
Width
Spacing
\1 nice-
Flowering
Grocnth Form
Requirements
Season (s)
`balk' D%�arl
8 -12"
12"
12 -IN"
1 acv
Spring -Call
Short Ground
c\ican Petunia
Ceti er
Res used .lanuan 2012 Centeiftnt page I I at' I I
Energy
License No. L106162
'13lue Princess' Verbena:
Phis Iry bad variety of I 'erbenu sp. is covered ss ilh Im ender blue clusters of flowers. phis case -care plant nitmcts
butterflies but resists diseases %%hieh attach plants under stress from summer heat. such as porsdum mildcss Deer also
tend to a%oid it as a locxi source. plants should be sheared to rum o%c spent blooms at the end of each blooming cycle.
"Inch %s ill result in more blooms being produced
Variety Name
Ileight
Width
Spacing
eater
Hotrering
Gronth Dorm
Requirements
season (s)
Blue Princess
1'"
12-18-
3
I'Du
Spnnu -I .III
Shurt Ground
erbcnn
I
Summer
Covcr
Mystic Blue Spires' Solvia:
This is a hilmrd variety ofsnge. created by crossing Sahvcrfarutaccu isith Salvia Inngrsptcata. another popular sah in
species sold under the cultivar name of 'Indigo Spires' '1\I%&tic Blue Spires' is more compnct and produces flowers over
a longer period of trmc. cecn during hot. dry periods in the summer. fhit;,. artety is carcfrcc if planted in a %sell - drained
soil. It should not he ferlilircd heavily and %% ill produce fcvwr llo%%crs Wit rccenus too much scaler. Ducr and other lists
%% ill not bother it. After n�-ss growth starts in the spring. the plants can he cut to just aho%c ground lc%el. Which %% ill
encourage nci%. compact grors1h.
Variets Name
Ileight
Width
Spacing
Water
nmwring
Grovilh form
Requirements
Season(%)
\hstic Blue Spirt
I t` -30`
12-18-
I:•1 S
I'Du
Spring-
Medium Bedding
Snlcrr
I
Summer
Plant
Revised .Ianuarn 2012 CenterPoint page 12 of 31
Energy
License No. L106162
'Ilenn Duciberg' Sahia:
Salwa frrmacca 'l lc ur% Duclherg" is a culGvar olAhis l e\as native cage species that %%as discovered grot%utg ill a
centeten in central Tcm%. It has bluer flowers. and more of them. Ihan other cultivars ol'thi% species. Thc; lapses are also
a deeper green in color than other %arictics. *1 lean Duclher sah in blooms in full sun during file hot stunnter sc;ason.
Deer sill cat it onh n% it last resort. making it a saleable landscape; plant for areas unprotected b. fencing.
Vurieh Name
Ilcight
WhIlli
Spacing
Water
flnoering
Grimth Form
Requirements
Season(s
*Ilcnn Duclbet1;
3
;'
4-5
Lots
Spring -I all
IalI Mddirw
Sahir
Plant
'N69{ Cold' Lantana:
Iles h0rid varieq of l awe nr is drought tolerant once esinhh-Aied and is also deer resistant ' \e%% Gold' is an excellent
candidate lam it loll ground coyer in areas receiving litll %tin. The golden wll(m (loner% produce 1`e". if am. frail and
grin hest under %tunnicr lion conditions that most other flo"erine plants do not tolerate
Variety Name
Height
\lidth
Spacing
eater
Flmvering
GrmithFotm
Requirements
Scason s
` \c%% (told' I araana
2 -4'
d'
5-6'
1o%%
Spring -tall
tall (around
Cm cr
Re% ised Januan 2012 CenterPoint Page 13 (11,31
Energy
License No. L106162
'.lohn Fanick' Perennial or Garden Phlox:
PhGzr /ninicnlutn 'John Fanick is a summer- blooming hardy varid) of phlo< that tolerates hunt. drought. and poa den -
mildc%%. Tlic showy clusters of light pink IIoK cas %%ith darker pink throats contrast st ith the dark green Ica%es. This plant
Lxhihits a compact growth habit. and prel'es full sun.
Variely Name
l Ieight
Width
Spatting
Wader
Flowering
Growth Form
Re uirement%
Season(s)
John Fanick' Ovarden
3
_
3
1AMAlodenite
Late Spring-
Tull Redding
Pldo\
FRII
Plant
'1 icturin' Perennial or Garden Phlox:
Phlar panierilnto *Victoria' is another summer- blooming hardy variety of phlox Utat tolLrales heat. drought, and po%v&t�
mildew. It has a more opera growth habit than 'John Fanick' and the Mowers are magenta The Ica%es are a lighter green
than 'John I'anick'.
Variety \time
Ileight
%Nldth
Spacing
Water
Flowering
Growth Form
Requirements
Season s
Victoriai Garden
3
I
3'
I
Low- McKlernte
1
Late Spring
I`nll Bedding
1
Phlox
fall
Plant
Rey iced Januai! 2012 CenlerP0lnl Page 14 of 31
Energy
License No. L106162
Firchush:
llrane•La ptorns i. a sma11 shrub. umietinics called hummnighird hush It is icn heat tolerant and pest resistant and
attmciv hummingbirds imih it, abundant Inhilar redwange Ilnaem It nun be planw l in %%ellAranied soul in tlx: gravid
or in containers Although I- irehash mni sulTer free /e (Linage n is root -luunh in /one R and southwnrd
Variety Name
Height
Width
Spacing
Water
Flowering Grosith dorm
Graiith Form
Rei uirenients
SCILSOn(s)
I aVbush.11ameha
V
i'
6'
1AM
Summer -fall Small S1)nib
Pawn.,;
Summcr-I all Small Shnih
Illlllllla "a
I
Imperial Blue' Cape Plumbago:
Phi nlxigo auric slum. a natii c of South Afriw, has an unusual AN -blue color not found in niam other plants. 1 he i ai r n
'Imperial Blue groiis %cell in the hot'fexas summers and tall continue to hlaini until the first frost. It is con+ideted to I,c
a tender perennial. iihich means it hill bleb suffer damage during a prolonged sub-freVing period unless it is coicriA
and nicdchcd hcai ih . Remo%al of spent flowers o ill encourage more blooms. and some pruning to maim in a compact
shape iidl be required
Variety Name
Height
Width
Spacing
Water
Floocr(ng
Graiith Form
Requirements
Scason(s)
lmperial Blue- Ups
1-4"
5'
h -R'
I.rni- Mr,(Ieraie
Summcr-I all Small Shnih
Illlllllla "a
1Zei i +cd J.iiiuuin 21112 CentelPoint. I'agc 15 of 31
Ener9Y
License No. L106162
Thn allis:
'mralk or Sho%im. -of -Gold Gulphinuaglauca. is a %%ood% shrub "ith bright %ello%%. upright blooms that stand ahme
the e%ergicen lean% and dark %tents It must have "ell- drained %oil and full sun or light shade. Wiether planted direcll% in
the ground or in conlamcrc Sho%%crs- ofGold Ihnalhm benefits from periodic pnming to maintain a denser gro%Wi habit
Vurieh Nume
height
Width
Spacing
Nafer
Flowering
Gnmth Form
Requirements
Seasons)
Ilnrallic or Shoncn-
3 -5'
5'
5 -6'
Low
1 ale Spnng-
Shnih or I Iedgr
of -Gold
fall
'Cold titer' Fvpamuza or Yellm Bells:
ecoma ,lien -(fold Star' rs a Teas n.ai%c shnih that is both heal tolerant and past resista»t. ailh golden .%rllim Inintpet-
shaped flo%%erw and attracli%e dark green Ica%es '( ;old Star' does hest %Nhen gro«n in lidl sun.:md it can be planted in the
ground or grown in containers_
Variety Name
Ileight
Width
Spacing
Witter
Fimering
Growth Form
Requirements
tirason(s)
'(;old Srar' Lsparanza
a-
3'
6"
Lot,- Moderate
Late Spring-
Shnlb
or 1 ellim (tells
I all
Re% iced.larmart 2012 ce»iEfPaRi Page 16 ol3I
Energy
License No. L106162
Grandma's Yelbm Rose:
Rusa 'Nacogdoches'. or Grandma's Yello" Roso, is a Iloribunda 1%pe shnlb row %%ith Ilo%wrs hating a rich cello%% color.
a light. spick Gagranw. and repeal blooms Mint spring until fintit. 11 ntwds at least li hours ol'dmrect stun per dam and
prefers a slighth acid soil. bill it %till tolerate alkaline cla% oil Ihal has good drainage. Tlme lanes are a hrom7c colm
Wien the) first appear but change to a dart, green color when mature. Donng c�iremelp wel conditions. the kxmus ma% In:
attacked by black spot fimgus and henefit I'nnn a limgicide treatment. If black spot does cause Anne leases to drop, Ihe%
%%711 he replaced by rim ones shortly and the plant mil mcnver nicely
YaricIN Name
Ileigitt
Width
Spacing
Water
I- 11(mcring
Gro%Nth Form
12et uimments
Season (s)
Grandma 's l °olio%%
d -S
t
G'
I. o%% \lodcralc
Spring -Pall
Shmb or l lcdvc
Rout. Raw
soil
Tall
'Naco gdocl)cs'
`Flare' Rose Mallm% Hibiscus:
(Ace c%lahlished. this refined IliFtscus moschetttas hsfirid ranch requires onl,N moderate amounts of %rater to produce
benutilid fuchsia- colored blooms Irom Sumner H) Irom 'Flare' prefers to he planted "hero it %%ill recenc fill sun most of
Ilic da%. and alkaline Ails are Ioh rased %Nell
Nariell Name
Ilelght
MIdth
Spacing
%I tiler
Flowering
Groethform
Requirements
Season (s)
°Ilar ' Rose \tattoo
4'
d
1 tm. loieratcs alkaline
Sumner -earl%
Shruh
Hibiscus
soil
Tall
Re% i%ed .lanuar% 2012 CenwPoint Page 17 of 31
5 Energy
License No. L106162
'bird Baltimore' Rose Mallovi Hibiscus:
nns hN brid hard% Hibiscus sp. %arich prefers neutral to slightl} acid -,oil. Mica planted in iidl Nun. it mlI produce
hemutilul red ilow,'rs during a long blooming period from summer to frost. Tlw petals on 'Lord Baltimore' are diehtl_s
ruffled and the lea l' margins are lobed
Vatiell Name
Height
1l fill h
Spacing
dater
Flmrering
Grmsth fonn
I
Requirements
Season s
'I ord Bahimure' Rove
5'
S'
R'
1 ov%
Summcr�arh
Short+
\laltow I llhlscus
to all.ahne seals
Fall
'Nit)) Grande' Texas Giant gibisms:
Tema~ \gril.il'o Emension Sen ice .states that '\Io\ Grande' ma% halve the largest bloom ol'am hibiscus on earth. the punk
blrxans reaching the sire ot'a dinner plate. During the bloam►ing season. summer through frost. seed pods Should he
removed after the 11 mers fill off to encourage further blornnutg because ' \lo\ Grande is not a sterile Inbrid like ' I•lare'
:aid 'Lord Baltimme'
w
Variety Name
Height
1lidth
Spacing
dater
Roweling
Grouth form
I
Requirements
Seas,m s
\lo% Grande' Giam
5'
S'
tt'
I ou. tolerates neutral
Summer -earls
Shrub
10 \3.4, 1 1 1 biscus
to all.ahne seals
Pall
ReNiselJmumn 2Q12 Centaftlnt PnGe IRof ±1
Energy
License No. L106162
'Lens erg's Legacy' Ceniro or Tuns Sage:
Lrucoldt0htnr lajkg aanwe 'Lostcn -;I egac% has a mole in a% -green color thin I 'Cimcen Cloud I emus Sage, tis Ilo%was
are a true lawndei color, and it require, the smile %sell - drained ,oils and full stuilight to do its hest fills s artcty is nut as
dependcnm nn changes ut humidits lc%ek for blooming and it bk orris more often dunng a prom in I; season ' L o%Wn
Legac%' h &; a rounded prrn\ Ill Rum and tends to have a denser hhxrmintg halm than other s•anchcs ill "I'evms tinge
Variety Name
Height
Width
Spacing
Water
Fi(mering
Grtmth Form
Requirements
Scason(s)
I out
5-
5'
7 -8'
Lo%%. require, good
Lac Spring-
Shrub or I lcdac
Teas Sage
drainage
I aA
`Green Cloud' Texas Sage:
Lrmcupin Ihnn f ure�ccns Gwen C'luud' IS if Cohn ar "till green leak, that me target in sve than the sil%er of grc% -greca
%anetmes of I'e\as S.mge It should he pnnetl hens mil in talc a inter -earls spring to encourmge compact gn)uth :nd nxrn:
blooms. In mild tt inners, most of the lea\es \s ill rctmmn on the plant, but there can be sub.stant:al leal'drop Mier a een
heap % frost Green C loud mas Ixr uacd as a alx c mien plant ar ins a tall hedge rots plum
Vuriety name
Height
Width
Spacing
Water
Flouering
Grm%Ih Form
Requirements
Season (s)
'Green Cloud' 1'evas
5-o,
5
7 -8
1 ou, requires gtxxl
I ate Spin ing-
Shntb ur I -Icdge
Sagc
druna e
1 all
(tc� tscd J;nnt:uy '1112 CenterPo%Rt Page 11) of ? I
Energy
License No. L106162
Ornamental Grasses
Many species and %aricti%-ss of ornamental grasses. both natives and Taxas- adapted non -naIv us. an: available at local
nurseries and over the int rnut. 'lltey range in height from just a le« inches to %tell o%ur 10 fuel. but the species and
%anctics listed here grow to It.-is than Ill fica1. Ornamental grasses are listed according to their published maximum
heights of the Icawcs. starting with the shortest and proceeding to the tallest. 'Ilie no%%cm or inflorasccncc map extend
above the Ica%aS. often as tall m the leaves themselves.
`Little Bunnv' Fountain Crass:
Pennrretum alolxeuroidac 'Little Runny' is one of the smallest ornamental grasses. malting it ideal for planting in the
foreground of a planting lied. It is adaptable to a wide range of soil types and moistest; regimes. but soggy condition~
should be a%orded The growth form is upright and it should be grown in full .gun to partial shade. The Ica%es arc green
and the no"cr heads are white to whitish green.
hntirc Plant-
Single Intloresccnec-
Variety Name
height
%Vidth
Spacing
Water
Flo%%ering
Grmsth Form
Requirements
Season (%)
'Lutle Bunny'
R 10"
12 -24"
Lo%%; rquires good
Sumner-
Clumping.
Fountain Grass
drainage
fall
upright
Re%iscd Januar% 2012 Cent &pint Page 20 of ,1
Energy
License No. L106162
Blue Oat Grass:
llelic- loh•ichun . %eniperi,irens, Blue Ual Grass. is a better choice for planting in the Houston area than Blue Fescue Gratis.
another ornamental grass oll'ered I}ir sale b% online nurceriGw. Blue fescue does not hold up to The heal and humidit%
combination we experience. Blue Out Grass foliage is described by mane as being `4netallie blue-in color, -this grass
likes full sun and dry to moderately moist, «ell drained soil. 'llie greenish flo%%eis appear in earl% summer, mature to a
uoldcn «heat color in the fall, and extend about t%%o feet above the Ieavcs.
cioseup of Inflorescence.
Variet% %time
Ileigh
Width
Spacing
Water Requirements
Flowering
Growth Form
Mexican
Feather Gnus
t
1-2-24"
3'
s mv-modcr tc, goal
drainage required
senson(s)
Clumping. Ica%es
urchin
Blue Oats Grass
12 -I S"
20 - 24°'
14
Low - moderate. requires
Summer
Clumping. upright in center
good drainage
ball
arching outer Ica%es
%asscrla lenui+sinsm
Mexican Feather Grass is a ralaimON .short ornamental grass with narto%% leases that arch gracefully and move %%ith the
slightest breeze. It is %cry drought tolerant once it is sell established. requiring only minimal supplemental watering
The inconspicuous while flo%%eis. which appear in late Summer through Fall, are onh slightly longer than the leaves.
Ilsis grass looks great in mass plantings or as a spceimcn plant It turns a pleasing tan color in Winter.
Variety Name
Ileighl
1lidth
Spacing
Water Requirements
Flowering Seasons)
Growth Form
Mexican
Feather Gnus
12.21
1-2-24"
3'
s mv-modcr tc, goal
drainage required
Summer -Fall
Clumping. Ica%es
urchin
Revised Januan• 2012 Cen&Polnt Pagc 21 of :l
Energy
License No. L106162
D"arf Fountuin Gism'Hameln':
Pennis'•rrrnr rrlopernrwc &•s Hanicln- �s i rclamch short fountain grass. reaching a nummum height of 1 -2 IM. It needs
full sun 7 he bright green narm" laces arch gracciidl\. -1 he tlo\\crs ire "tntc \\ith a rase- copper unl and i- cwnible
bollle brushes 1 his grass is great for planting along the edges of borders or paths and even along sleep han6s.
Vurim Name
Height
Width
Spacing
Water Requirements
Flimering
Glm%th Form
Requirements
Seumm(s)
Alamcln' Mad'
12.24
18
2.3
t(m- moderate. Rquires
Sumner-
Dumping.
Potmbain Grass
goo d draina ge
171111
arching
Variegated Feather Reed Grass'Over•dam'.
('nlannr� rmrk a ^rurf)nrn 1herdam' is a mid -sued orminental grass "ill Wnic and green %ariegnicd leii\es Ihat are
imderatch "ids. Unlike numN other urnaniuntal grasses. Oscrdmn- Joel \\ell rn hea%) clus soils as "ell as in other unl
l\pcs. 'Occrdanf prefers moist. but not sogg\. \\ell drained soil. The llo\%vr color is described as pinkish green. and in
the lull and mnler llic leaves him :r pleating tan color
Vuriem Nume
Height
Width
Spacing
Water
Flo«ering
Gro"th Form
Requirements
Season(S)
O�crdam'
12 -24"
I3"
2 -3'
1 o;%- moderato.
Sumner -Pall
Clumping.
1 ariegated
requires good
upright in center.
I•ealhcr Reed
dramuge
nrching over
Grass
Ica %es,
Re\IscdJ,:mum 2012 C WterPoint Page 22 of 31
Energy
License No. L106162
Little Bluestein:
Schr_achr)-rnan .vcopenrron. connnonfy known as little Bluestein hilt sometimes called Sagegrass or fieardgrass, is a
native North American prairie; grass which will tolerate poor soils and partial sun. It has n lik-ming bluish green colix.
turning to ntsty orange in the full and winter. flower stems arc reddish in color. turning to tan attar if Irosl. Ilia tlomrs
are white. 'lltis grass looks best in mass plantings and provides n natural 11101 source for ninny name birds-
V
ariety Name
Height
With
Spacing
Mater Regtdrements
Flmi•eting
C rim thForm
ScaWrn(s)
1 hits I luestcm
1 -4'
2 -2.5'
V
love- modcratc. requires
Summer
Clumping. upright
goo d drain e
center, arching outer
Gulf or Pink Niuhh Grass:
t uhleenbvr to caprllam. conunonh known as Gull'Muhh or Pink Nluhh Grass, is a clump- lbrmmg grass name; to ilia
pramcs of the southern I mwd States and Mexico II tolerates it wide range ol'soils from send to ntnrly clnv and dry to
wet conditions as long as drainage is gaol, Ilia leaves are namm. nhno4l wir% In Ilia ear' Y all. the inlloroseenee;
extends ahow the leake% and olx,7is to reveal ilia wispy pink se:cd (wads. When vioved Iiom it distance: em an carh
Chloher morning, c%pccially in bright sunlight. Ilia plants tako on ilia appearance of collon cane', lflor the; lirsl IrORI, the
seed cads turn a tail color Ilus grass can be grown as a tall ground cover ex can be used as specimen plants il' planled
tine'
Variety \arm
height
1lidth
Spacing
Water Requirements
Ilowming
Crmmth Form
Season(s)
(MI' Muhh Grt s
1'
1'
4-5'
1 m- modcratc. require%
Sumner
Clumping. upiiglu in
good drainage
center, arching outer
leave%
Rci iced .Iunuam 2012 CenterPolnt Page; 23 of 31
Energy
License No. L106162
'Kane% Rocs' Gravy:
Pennrretnnr anentale 'harleN Ruse is one of the fountain grasses %%ith bright green leases. Krum earl} Summer through
1 all a .ucccssion of ruse - purple 11o%%ers alilvar aNwe the leases and mow fresh in the slightest tree /e It is o laplable k,
a %%ide range of soil tclx-c a long as g(a)d drainage is maintained Karle% Rose looks great in ma,s planting; as %%ell a%
planted uuli%uhtnlh anuingother pcvennials and anmuJ:
LnUre Planl
Inflorescence
Variety Name
11cight
Width
Spacing
Water Requimmentc
Flo%%ering
Grooth Form
Season(s)
harle% Row'
14'
2 -i'
4
1 o%% -moderate. requires
Summer
Clumping. upright In
t as,
wood drainage
cullul, arching (Intel
lea%"
Aliscanthiss sinensis 'Adagio':
'Adagio' a one of the more compact Maiden Grtssas, reaching it height of 1-4 feel mul it %rullh of 1-4 feel It h:ls an
arching growl It )brm and the green Ica%cs line a%% hi le midrib stripe 'I'Iic Ilo"crc open m Into Cunnmer as a pmktsh
plume held nlw,ee the lc. ne, but gradlutlh fade to Wllle h} Fall II does %%ell inn %arid% ot'soil t%pes, het likes io puce
gutxl dramagc and dues Ixsl ut I'.tll sun Adagu+' can Ix ttxYl us a slx:cun�m plant ur plumed m nnass
Varieh Name Height Width Spacing -F Water Requirements Flonering Growth Form
Sea%on
I u„- nnllcl: rte. ;c.p ;uch tiuuanel Clungnng. apoglu in cc tug.
Malden C,r ,c onod dmi nan.e archinV ,Neer kiiwe
e% scd _ awn 21112 C nt}erPoint Page 24 to! 31
Energy
License No. L106162
1 a icwtetl 1Avcuss1hucautenA% `Morning Light':
l h5c,inihus suneimv Is conunonl% called Maiden Grass and the %arieIN 'Morning Light' is n variegaled [%PC with the line
1cVured green leaks lim im a while midrib and ntargnns. en ing it an almost siI%en appearance. It will three in rill INpes
of soil as long its the bed or container has excellent dralnaQe and access to AsII sun file flowers appear in the fall unit are
described as reddish bronze plumes *Momtng Light' make~ a trreaf specnnen plant. but also can be used toward file back
ol'plantingbed%. u_, ft. i —
J 1 �+� s
i � 13�e
Varlet% Name
licight
Width
Sluicing
11ater Requirements
Mott cring Season
Grinsth Form
Morning I iglu'
4 -5
2.1'
G'
1 m- moderaic. rcquims,
Fall
Clumping, urlunin r
\laidcn Grass
good dramagc
growth paucra. mith
ardlifig outcrlc:ncs
11iscunNncv.sinenccv'Ilumn Sumisc':
l luron Sunrise' Maiden Grass is another of the tall. VALUTInar ornamental era.sses. It is %er% tolerant ot'dilTerent soil
I }'pes and can grow in both Full sun and part shnde. It prefers moderate nntounts ol'soil moisture and is one ol'the few
ornamental grasses that does not require good drainage. Ilse green leaves turn a golden color alter the lirst frost and the
Ilotwrs are inilinlh hurgundv in color lading to white. first appearintt in rind tiummer and Iashng well into fall
Carich \ame
Insight
Width
Spacing
%% ater Requirements
FlowctingScuson(s)
Grow tit Form
Iluron Sunrise'
S -(
2 -4'
(i
Modcratc. poordrainagc
Summer -I:all
Clumping. columnar
Maiden Grass
lolerated
groMb paucra. m1h
arching outer kaves
Re\ iced .lunuan 2012 CenterPoint Page 25 of- I I
Energy
License No. L106162
Cnrtaderiu rellounu:
Pampas Grass. nad%c to [Argentina. as a lark ornamental grass with multiple %%lute Iloner plunpcs cxtcudupa abo%c the
gratcef ilk arching green lea%cs White- (sho%%n at lell below) and gold-stnpcd leaf %arictic5 hat c been dc%cloped and am
mailable mer the internet. I lowers appear in late Summer and last thrmigh Pall. Pink- and wiloa- flowered ollowl in
the muddle photo below ) %urictaes are mailable o%cr the interact Pnmpas Gram is drnughr tolerant nller U as %%ell
established and %pill prop% well an all soil t%pcs except for supersaluraled. flooded soils The leaves are linel% serraed.
making annual laic Winter Innunmg of the Ica%cs to within a fool of the ground challenging. It is recommended [hill
updi%adual clumps be planted lar enough apart to keep them separated fmnp each other to expedite the annual Zeal'
trunmmg.
w
r .k
Variet% Name
Ifeight
N'idth
Spacing
Water Requirements
Flowering Seasnn(s)
Growth Norm
Pnmpus Grnss
5.8
6 -8
12
Lo%%- moalerule; drannnge
Summer- 1•nll
champing: arching
not crihcnl
le a%os mad large
hamu -hkc flowers
Re%n%ed .lanuan 2012 CenWPoint Page 26 of i I
Enetyy
License No. L106162
Ground Corers and Non -woody Perennials:
rracht4u immium asialictnt'Salsa':
-Salvia' is a liairh nett tarictt (it Asian Jasmine that is supposcd to hate �cllou. oran ge. red, and cmim colored Icates. but
taken planted in full sun. it tends to ret ert back to the dark ureen coloration of the species. It rornis a dense ground cot cr.
r n antg from 6 -12° in height, spreading by abo%c- ground stems. 1Jnlc%s contained b% edging. this plant can become
mt.site and spread ucross lawn% and beds tthcre it is not ttanted. but ' Sulsa' does have one ad%antage of er the original
Asian Ja %nune in lull sun. it does ixN spread as rapid[,% a% the specie%.
Sal-al,
Species
Vatic* Name
Ileight
Al idth
Spacing
Water Requirements
Flottering Season(%)
Gross th Farm
`Saka' avian
Jasmine
6 -12"
1'nknoun
12" for 4"
pots
Modcratc. drainage not
important
Plotter+ infrequcnth in
Summer
Dense ground cuter
Lantana trtnntra 'Irene':
'Irene* Lantana is one of the nctter t arietics of Lanwna It is classi lied a%:a modcrateh tall ground cover and has
mullicolorcd Ilouer clusters madc up ofindn idual Ikmers in colors of red. pink. orange. and %cllott. 'Irene'. like 'Nca
(fold'. i% %ere heat and drought tolerant and blooms from hate Spring through Full. 1 hi% plant i% a great butterlh attractor
The dark berries that appear alter Ilotter drop are eaten bt bird%. but children should be kept aa\av front them a% the% arc
pomniou% to humans
N ariet) Name
Height
idth
Spacing
\1 ater Requirements
llouering Season(s)
Grouth Fonn
'Irene' Lantana
2 -3'
6 -8'
24 -16-
Lou- moderate.prel''m
nod drain. a
floacrsSprmu -[-all
Shruh- hkueround
weer
Rev i%ed Januart 2012 CowPoinl Page 27 of 31
Energy
License No. L106162
Dierev hiculor:
African Inv has green, grass -like leaves that reach a height of 2 -? This plant spread, by underground tubers and has
unique Sunmter -earIN rail Flo%%ers ranging in color font pale to medium %ellon. %%ith inch tloNNer hm ing Ihrce dark
brown e)u spots surrounded by orange. African Iris is xen drought rcsislant and grows in any t3 pc of' soil, Periodic
thinning ntal be required to maintain good bloom production. Thei can also he grown in containers to control spreading
1-arieh Name
sleight
Width
Spacing
Water Requirements
Cloeering Serlson(s)
Grovall Farm
AInrnn Ins
-3
1'anahle
3 -4
Lott -moder to
Summer- earl% I till
Clumping. upright
lent C%
.Srrhvirs greggii `Red':
Red Autumn Sage is a cultic tiled variuty of this Texas nati\ c perennial sage. Schwa greggrr does wzll in its do mtlivu
habitat of soulhem Tceas to northern \luxico. so it is well adapted to living in semi - desert conditions. This makes it it
great candidate for planting in areas with only limited avatlabilrh ol'supplemental watering. like transmission rights -of-
wad. Its dark red flowers attract butterflies. bees, and hummingbirds. In early spring, indit idual plants should Ix: pruned
hl� at least one third to maintain a duns( growth of Ica Ls.
r. F
Variety Name
height
%A idth
Spacing
Water Requirements
Flowering; Senson(s)
Cross-th Corm
Red' Autumn
Sage
3-d
3
4--;
Loth, rcyurns gotid
drama a
Summer- Fall
Semi -tt axle.
shruhlrke
Re% rscd danuan 2012 CenterPofnt Page 28 of 31
Energy
License No. L106162
Heymralae parrdf lia:
Red I ucca. %%hich is actually in the Agave 1'amilN. is a succulent natty a to the desert and semi -desert portions ol" Texas
and northem NlexiLo 'Phis plant is highly adaptable and will tlri%e in the high humiditc of the Texas Gulf Const as long
as it has excellent dramagc. It iv ollen used in elc%ated heals in the medians of highways because of its ability to produce
mulliple stalls %% rib clusters ol'elarl. pink to light red Do"ais which ha%e yellow inner petals. u%un under the driest
conditions. The tlmeees produce pods containing many black paper seeds which can be planted to Prow new plants.
although it can lake thrm or more Nears In produce a flowering spccimcn.
1'aricty Name
Height
Width
Spacing
%%ater Requirements
!lowering Season(s)
Grmi1h Form
Red 1 ucca
3 -i
a'
I.oi% requires good
dnemn c
Summer- I•all
Fountnm -like arching
leave."
Rex iscd ]anuarN 2012 Cen&Polnt Page 29 of; I
Energy
License No. L106162
IN oody Shrubs:
RaphiulepisiarGca'Snons White':
'Sno" \\tile' Indian I fa"lliom is a medium -%iced Ilo%%enng shnib which maintains a meal. nuamded appearance wiliout
the need for pruning \s the name implies. the early Spn ng flowers arc pure %%iule I Icy are replaced in the Sumner hi,
dark hlufsh black tnuls \Tier theN become established. 'Snow \\ lute' Indian I la"lhoms are %cn drought tolerant
Varicts Name
Height
Width
Spacing
Water Requirements
Flowering Scason(s)
Grmm th Form
'Snow M lute
3
1 -5'
6
t ow•moderalc: rNutra —,
I arh Spring
\lounded slinib
Indian
good drainage
I lawlhoin
I helia granrliJlora:
61oss% It has rclabmch small, medium to dark green Iea%c% occurring
the attire length of the upright to cascading branches. I he tubular white flowers are nmldh fragrant and attract butterflies.
and since they occur on the new grow Ih ot'thc plant. even Irinunmg hack the branches during the growing season of
Spring Through Fall to control the height of the shruh lends to mcreasc hh�ioui ng (iloss\ \hcha fs not attacked h% disease
of inscwts and can he used in mass plantings or in nllonnal hedge% Soil 1% lie i% not impurlant. but relati%cl.\ gtxid
drainage %hould he pro\ idol.
Varieh Name
Ileight
Width
Spacing
Water Requirements
Flo" c ring Season(%)
Gronth Form
Qos%% .\befia
+ -6'
4-5'
0-7'
Low- niodenile. rcquires
good drains c
Spring - I all
Cascading shrub
Itc%iscd.lanuari, 201' CenlerPoinl I'ugc lU of 31
Energy
License No. L106162
Lorepdaranr chinense'Sizzling Pink':
'Sizzling Pink* Glimese Fringe Flowcr is a medium site shrub w ith leaves that undergo a color change curing the near.
being, a dark maroon to purple color during the w mter months and turning a lighter color w ith some green show ing
through in (lie Spring through Summer seasons. 'llne most notable thing about the fringe flower is that it hlooms dung
the cooler months of the %car. and the hot pint: Ilo%%crs really standout against the dark lames. Me fringe llower has fcw
pcsLs or diseases that attack it, and it is not particular about soil type as long as it has good drainage.
a �
N arieh Name
Fleighl
Width
Spacing
\1`ater Requirements
Flowering Season(s)
Crowlh Form
'Sitzlmg Punk
4.6•
4•V
f•T
Low•modcmte requires
Late Winter Gnly
'founding slvub
Chinese rrmue
gexxl drainage
Spring, snmeumes
blower
repents in 1-rill
Josminunr nresnrd.
I'runrose Jasnunc rs a large shrub exhibiting, highly arching branches wdh the tips of -the branches almost touching the
ground around the shrub. 13cxause of this growth habit. it is an excellent candidate for mdi%rdual potting or for planting in
elevated buds. In the early Spring, Primrose Jasmtnc is covered with lemon yello%%, non-fragrant tlo%%Crs growing on
square sterns and the heaves are (lark green -nis is a vigorous grower and can take: some shade, but it sloes beast in full
sun Periodic tntmning of the branches will be required to keep the shrub in shape.,
Variety Name
height
11•idth
Spacing
\1•ater Requirements
Flm%ering Senson(s)
C7rowtih Form
Primrose
Jasmine
5 8`
6 -K'
7 9"
tilo(lemle. lit es good
dmmn e
Lady Spring
Arching tall slvub
Revised Januan 2012 CenWotnt Page , I of "l
Energy
License No. L106162
Exhibit "D"
to the
Master License Agreement for
Hike and Bike Trails
between
CenterPoint Energy Houston Electric, LLC
and
The City of Baytown, Texas
1.
Baker Botts LLP
2.
Shipley Snell Montgomery LLP
3.
Yetter Coleman LLP
4.
Morgan, Lewis & Bockius LLP
5.
Marshall & Lewis LLP
License No. L106162
Exhibit "E"
to the
Master License Agreement for Hike and Bike Trails
between
CenterPoint Energy Houston Electric, LLC
and
The City of Baytown, Texas
The following is a list of minimum requirements for a survey drawing to be used as Exhibit "A ".
A Metes & Bounds description is not required if the following format is followed.
1) North arrow & scale.
2) County name.
3) Survey name & abstract number.
4) Point of beginning (with State Plane Coordinates if available).
5) Tie to closest CenterPoint Energy property corner.
6) Tie to closest CenterPoint Energy above ground and underground structures (showing
distance and structure number).
7) Hike and Bike Trail shall be identified by a centerline symbol or a cross - hatched symbol
8) Stationing along the Hike and Bike Trail centerline of route.
9) Bearing & distance of crossing or longitudinal occupation.
10) Locative reference - Tie to a street and any existing pipelines within 20 feet on either side of
requestor's facilities.
11) CenterPoint Energy tract reference and adjoiner information, including width of CenterPoint
Energy right of way.
12) Basis of bearings (& coordinates if used).
13) Reference to CenterPoint Energy map (if available).
14) Registered professional land surveyor's certification, seal, signature & printed name with
registration number.
15) Name, address and phone number of registered professional land surveyor or firm that
prepared the survey.
16) Ties to existing pipelines, waterlines or wet utilities every 200 feet or a change in direction
and position.
17) Locations of swales, ditches, ponds, rivers, and/or canals located within the right of way.
18) A profile of any facility if it crosses any CenterPoint underground facilities (fiber optic,
underground residential distribution or three phase underground duct banks).