HomeMy WebLinkAboutContract 34294 CITY SECRETARY
' CONTRACT NO.
AGREEMENT
This Agreement is entered into as of the day of . , 2006, by and
through Westfork Pipeline Company, L.L.0 and the City of Fort Worth (City), a home
rule municipal corporation, acting by and through its duly authorized Assistant City
Manager.
WHEREAS, Westfork requested an easement in Mallard Cove Park from the
City to install one six inch steel natural gas pipeline and one four inch steel water flow
back service line;
WHEREAS, the Fort Worth City Council approved of the granting of the
easement on July 11, 2006 (M & C C-21567) and converted park land as required by
state law;
WHEREAS, the City has agreed to allow Westfork to install one six inch steel
natural gas pipeline and one four inch steel water flow back service line in exchange for
Westfork constructing the park improvements listed in Exhibit "A" in Mallard Cove Park.
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, Westfork and the City agree as follows:
1. City shall execute a License Agreement granting Westfork a license to enter into
the Mallard Cove Park and construct park improvements ("Improvements") in
the locations shown on Exhibit "A". The specifications and dimensions of the
Improvements are described in Exhibit "B".
2. Westfork shall construct the Improvements at its sole cost and expense and
subject to the terms contained in the License Agreement. The License
Agreement is attached as Exhibit "C".
3. Upon execution of this .Agreement by all parties, City agrees to execute an
easement to Westfork, the form of such easement is attached as Exhibit "D".
Westfork understands and agrees that upon City verifying that the Improvements
are constructed in accordance with Exhibit "B", the City shall file the easement in
the Tarrant County Deed Records.
EX CUTED in triplicate in Fort Worth, Tarrant County, Texas.
WE TFORK P PEL C PANY,L.L.C. FORT WOR
—�
Larry Dale, Plosi'derr. Assistant Cit anager
Date: Date:
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APPROVED S T RM
Assi tat City Attorney
ATTEST:
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City Secr ry
Contract Authorization
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FORTWORTH
Exhibit: Mallard Cove Park-Randol Mill Rd.,Fort Worth, Tx. September 14,2006
Approved 24' asphalt service driveway
Purchase and Install Two Metal Drainage Pipes
To be installed on the new
maintenance road for Mallard
Cove Park. Exact location to be
determined by the Parks and
Community Services Department.
STA. 4 73
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AFL 520.10
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i BEGIN 50'/1 7:1 +
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FL 519.78 BEGIN 50'/17:1 f
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LICENSE AGREEMENT
PIE STATE OF TEXAS §
01-NTY OF TEXAS §
THIS LICENSE AGREEMENT ("Agreement") is made and entered effective as of the
day of , 2006, by and between Westfork Pipeline Company, L.L.C. located
at 2100 Ross Avenue, Suite 1870, Dallas, Texas 75201 ("Westfork") and the City of Fort Worth
("City").
WITNESSETH:
WHEREAS, City is the owner of that certain tract of land'situated in the City of Fort
Worth, Tarrant County, Texas,which is more particularly described as Mallard Cove(hereinafter
referred to as the "Property").
WHEREAS, City has agreed to give Westfork a License for access, ingress and egress
over, across and along a portion of the Property for the purpose of constructing park
improvements ("Improvements") described in Exhibit "A" for the benefit of the City of Fort
Worth, such License to be in the locations described in Exhibit `B" attached hereto and made a
part hereof for all subject to the limitations hereinafter contained.
NOW, THEREFORE, for and in consideration of constructing such Improvements and
other good and valuable consideration paid, the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
1. GRANT OF LICENSE. City, as owner of the Property, does hereby grant unto the
Westfork, its legal representatives and successors, a nonexclusive License (hereinafter
referred to as the "License") for the temporary, non-exclusive right of access, ingress and
egress for Westfork, its Construction Contractors and subcontractors along that portion of
the Property for the purpose of constructing park Improvements; subject, however, to the
covenants herein set forth, all of which shall be covenants running with the Property.
2. NON-EXCLUSIVITY. The License and other rights and benefits herein created are not
exclusive, and City hereby reserves the right to grant such other licenses or easements,
rights, benefits, or privileges to such persons and for such purposes as City in its
discretion may elect, so long as such purposes do not unreasonably interfere with the
License Area and other rights and benefits granted herein.
3. INSURANCE. Westfork shall not enter the Property and commence construction of the
Improvements until it has obtained the following insurance coverage and shown proof of
such coverage to City:
A. Commercial General Liability(CGL)Insurance Policy
$1,000,000 each occurrence
$2,000,000 aggregate limit
B. Automobile Liability Insurance Policy
$1,000,000 each accident on a combined single limit basis
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non-owned.
C. Workers' Compensation Insurance Policy
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease -per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas workers' Compensation
Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits
for Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee
D. POLICY REQUIREMENTS
i. The City of Fort Worth, its Officers, Employees and Volunteers shall be
named as an Additional Insured. Exception... the additional insured status
does not apply to Workers' Compensation policies.
ii. Forty-five (45) days notice of cancellation or non-renewal. The following
clause is required: "This insurance shall not be canceled, limited in scope or
coverage, cancelled or non-renewed, until after forty-five (45) days prior
written notice has been given to the City of Fort Worth."
iii. Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth.
iv. The insurers for all policies must be licensed/approved to do business in the
State of Texas and have a minimum rating of A: VII in the current A. M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
V. The City, at its sole discretion, reserves the right to review the insurance
requirements and to make reasonable adjustments to insurance coverages and
their limits when deemed necessary and prudent by the City based upon
changes in statutory law, court decision or the claims history of the industry
as well as of the contracting party to the City of Fort Worth. The City shall
be required to provide prior notice of ninety (days).
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vi. The City shall be entitled, upon request and without expense, to receive
copies of policies and endorsements thereto and may make any reasonable
requests for deletion or revision or modifications of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are
established by law or regulations binding upon either of party or the
underwriter on any such policies.
4. INTERFERENCE. The License granted shall be used and enjoyed in such a manner as
to cause the least possible interference with the conduct and operation of the business at
any time existing on the Property, or any portion thereof.
5. INDEMNITY. WESTFORK AGREES TO DEFEND, INDEMNIFY AND HOLD
THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES,
HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS,
COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY
RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i)WESTFORK'S
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS LICENSE OR
THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO
ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE
CITY OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE
CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT
NEGLIGENCE OF BOTH WESTFORK AND CITY, RESPONSIBILITY, IF ANY,
SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH
THE LAWS OF THE STATE OF TEXAS.
6. NO HAZARDOUS OR TOXIC SUBSTANCES. Under no circumstances during the
term of this License shall Westfork use or cause to be used or any hazardous or toxic
substances or materials, or store or dispose of any such substances or materials on the
Property.
7. Liens. Westfork will not cause or permit any mechanics' liens or other liens to be filed
against the Property by reason of any work, labor, services, or materials supplied or
claimed to have been supplied to Licensee. If such a mechanic's lien or materialman's
lien is recorded against the Property, Westfork must either cause it to be removed or, if
Westfork in good faith wishes to contest the lien, take timely action to do so, at
Westfork's sole expense. If Westfork contests the lien, Westfork will indemnify City and
hold it harmless from all liability for damages occasioned by the lien or the lien contest
and will, in the event of a judgment of foreclosure on the lien, cause the lien to be
discharged and removed before the judgment is executed.
3
VJUL c'.. 1 �..:.
8. TERM. The term of this License agreement shall be for 12 months or when the
Improvements are completed.
9. GOVERNING LAW. This Agreement shall be construed in accordance and governed
by the laws of the State of Texas.
10. CONTRACT CONSTRUCTION. The parties acknowledge that each party and, if it so
chooses, its counsel have reviewed and revised this Agreement and that the normal rule
of construction to the effect that any ambiguities are to be resolved against the drafting
party must not be employed in the interpretation of this Agreement or any amendments or
exhibits hereto.
11. NO THIRD-PARTY BENEFICIARIES. This Agreement shall inure only to the
j benefit of the parties hereto and third persons not privy hereto shall not, in any form or
manner, be considered a third party beneficiary of this Agreement. Each party hereto
shall be solely responsible for the fulfillment of its own contracts or commitments.
12. SEVERABILITY. The provisions of this Agreement are severable, and if any word,
phrase, clause, sentence, paragraph, section or other part of this Agreement or the
application thereof to any person or circumstance shall ever be held by any court of
competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of
this Agreement and the application of such word, phrase, clause, sentence, paragraph,
section, or other part of this Agreement to other persons or circumstances shall not be
affected thereby and this Agreement shall be construed as if such invalid or
unconstitutional portion had never been contained therein.
I
13. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in
equity, arises on the basis of any provision of this Agreement, venue for such action shall
lie in state courts located in Tarrant County, Texas or the United States District Court for
j the Northern District of Texas—Fort Worth Division. This Agreement shall be construed
in accordance with the laws of the State of Texas.
i
14. ASSIGNMENT. Neither party hereto shall assign, sublet or transfer its interest herein
without prior written consent of the other party, and any attempted assignment,
! sublicense or transfer of all or any part hereof without such prior written consent shall be
void.
15. INDEPENDENT CONTRACTOR. Westfork shall perform all work and services
hereunder as an independent contractor, and not as an officer, agent, servant or employee
of the City. Westfork shall have exclusive control of, and the exclusive right to control
the details of the work performed hereunder, and all persons performing same, and shall
be solely responsible for the acts and omissions of its officers, agents, employees and
subconsultants (or subcontractors). Nothing herein shall be construed as creating a
partnership or joint venture between the City and Westfork, its officers, agents,
4
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employees and subconsultants (or subcontractors), and doctrine of respondent superior
has no application as between the City and Westfork..
16. COMPLIANCE WITH LAW. Westfork, its officers, agents, employees, contractors
and subcontractors, shall abide by and comply with all laws, federal, state and local,
including the Charter and all ordinances, rules and regulations of the City. It is agreed
and understood that, if City calls the attention of Westfork to any such violations on the
part of Westfork, its officers, agents, employees, contractors or subcontractors, then
Westfork shall immediately desist from and correct such violation.
17. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement,
the City does not waive or surrender any of it governmental powers.
18. COUNTERPARTS. This Agreement may be executed in several counterparts, all of
which when taken together shall constitute one and the same agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of
the date first above written in Fort Worth, Tarrant County, Texas.
STF PIPELINE COMPANY, L.L.C. CITY OF FORT WORTH
�C�--
a ale, President Assistant City Manager
APPROVED AS TO FORM
Assistant City Attorney
ATTEST:
City Secretary
5
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARR.ANT §
This instrument was acknowledged before me on , 2006,by Larry
Dale, President of Westfork Pipeline Company, L.L.C. on behalf of Westfork Pipeline Company
L.L.C.
i
Notary Public, State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 2006, by
, Assistant City Manager of the City of Fort
Worth, on behalf of the City of Fort Worth.
Notary Public, State of Texas
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FORT WORTH
Exhibit: Mallard Cove Park-Randol Mill Rd.,Fort Worth, Tx. September 14, 2006
Approved 24' asphalt service driveway
Purchase and Install Two Metal Drainage Pipes
To be installed on the new
maintenance road for Mallard
Cove Park. Exact location to be
determined by the Parks and
Community Services Department.
STA. 4 73
BEGIN 0'/17:1 +
SLOPE TO CULVERT
FL 51 .78 FL 5:
r FL 0
To pRAtN 5+0
.3
— — '-FL 520.10
i -7 0� — —
L
STA. 4+73
i BEGIN 50'/17:1 +
SLOPE TO CULVERT
STA. 3+73 FL 519.78
BEGIN 50'/17:1 f
SLOPE TO CULVER
A. FL 519.75
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/11/2006
DATE: Tuesday, July 11, 2006
LOG NAME: 80MALLARDCOVELA REFERENCE NO.: C-21567
SUBJECT:
Authorized Execution of a License Agreement for a Natural Gas Pipeline Easement and Park
Improvements in Mallard Cove Park with West Fork Pipeline Company
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to convert the dedicated parkland for use of a natural gas pipeline to be
placed in a portion of land situated in Mallard Cove Park, William Masters Survey, Abstract No. 1048, and in
the William Morris Survey, Abstract No. 1053 Fort Worth, Deed Records, Tarrant County, Texas;
2. Authorize the execution of a License Agreement with West Fork Pipeline Company to construct park
improvements at a value equal to or greater than the assessed $ 6,720.00 License Agreement fee; and
3. Authorize the acceptance of park facility improvements valued at $6,720.00 in-lieu-of the assessed
License Agreement fee.
DISCUSSION:
On September 6, 2005, (M&C L-14129) City Council authorized converting 160 acres of parkland at Mallard
Cove to allow, the extraction of natural gas from an off site location. The requested easement is necessary
to deliver extracted gas back to the main distribution line of West Fork Pipeline Company. This easement is
considered to be part of the extraction process noted in the previous conversion; therefore further public
hearings are not required.
City staff is recommending as a condition of granting this easement that West Fork Pipeline Company be
assessed the recommended standard fee of$42.00 per linear foot of pipeline and that those funds be used
to construct facility improvements by West Fork Pipeline Company. This is consistent with fees assessed
under the City's current Right-of-Way Use Agreement for installation of non-utility equipment, appliances or
appurtenances in public rights-of-way.
In this instance, a fee of $6,720.00 will be assessed for 160 linear feet of permanent pipeline
easement. West Fork Pipeline Company has been made aware of this fee and has agreed to this
assessment. The funds generated from the assessment will be used to construct improvements. West Fork
Pipeline Company will be responsible for returning the surface condition of the easement to as good or
better condition than exists now.
The conversion is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Logname:: 80NIALLARDCOVELA Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Libby Watson (6199)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: David Creek (5744)
Logname: 80MALLARDCOVELA Page 2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/11/2006
DATE: Tuesday, July 11, 2006
LOG NAME: 80MALLARDCOVELA REFERENCE NO.: C-21567
SUBJECT:
Authorized Execution of a License Agreement for a Natural Gas Pipeline Easement and Park
Improvements in Mallard Cove Park with West Fork Pipeline Company
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to convert the dedicated parkland for use of a natural gas pipeline to be
placed in a portion of land situated in Mallard Cove Park, William Masters Survey, Abstract No. 1048, and in
the William Morris Survey, Abstract No. 1053 Fort Worth, Deed Records, Tarrant County, Texas;
2. Authorize the execution of a License Agreement with West Fork Pipeline Company to construct park
improvements at a value equal to or greater than the assessed $ 6,720.00 License Agreement fee; and
3. Authorize the acceptance of park facility improvements valued at $6,720.00 in-lieu-of the assessed
License Agreement fee.
DISCUSSION:
On September 6, 2005, (M&C L-14129) City Council authorized converting 160 acres of parkland at Mallard
Cove to allow, the extraction of natural gas from an off site location. The requested easement is necessary
to deliver extracted gas back to the main distribution line of West Fork Pipeline Company. This easement is
considered to be part of the extraction process noted in the previous conversion; therefore further public
hearings are not required.
City staff is recommending as a condition of granting this easement that West Fork Pipeline Company be
assessed the recommended standard fee of$42.00 per linear foot of pipeline and that those funds be used
to construct facility improvements by West Fork Pipeline Company. This is consistent with fees assessed
under the City's current Right-of-Way Use Agreement for installation of non-utility equipment, appliances or
appurtenances in public rights-of-way.
In this instance, a fee of $6,720.00 will be assessed for 160 linear feet of permanent pipeline
easement. West Fork Pipeline Company has been made aware of this fee and has agreed to this
assessment. The funds generated from the assessment will be used to construct improvements. West Fork
Pipeline Company will be responsible for returning the surface condition of the easement to as good or
better condition than exists now.
The conversion is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Logname: 80MALLARDCOVELA Page 1 of 2
TO Fund/AccountlCenters FROM Fund/Account/Centers
Submitted for City Manager's Office by: Libby Watson (6199)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: David Creek (5744)
Logname: 80MALLARDCOVELA Page 2 of 2