HomeMy WebLinkAboutContract 43894 ciTy sEcRETARY
FORTWORTH CONTRACT NOW,
TEMPORARY WATER LINE PERMIT AGREEMENT
This Temporary Waterline Permit Agreement (``Permit") is hereby made and. entered into by
and between the City of Fort Worth (hereinafter referred to as "City"), a home-rule municipal
corporation organized under the laws of the State of Texas and Texas Midstream Gas Services,
L.L.C., (hereinafter referred to as "Company"), ail Oklahoma limited liability company.
The following statements are true and correct and constitute the basis upon which the City of
Fort Worth has executed the permit:
A. Texas Midstream Gas Services, L.L.C. ("Company"), an Oklahoma 1111lited liability
company, wishes to install one (l) 3 inch temporary Water line on the surface of the
City of Fort Worth lands described as Sycamore Heights Block 14 Lot A4, as shown
on the deed recorded in Volume 3167 Page 568 of the Tarrant County Real Property
Records and as further depicted in Exhibit "A", hereinafter referred to as "Premises"
in accordance with City of Fort Worth M&C L-15468.
B. The City has reviewed Company's request and agrees to grant Company a permit
("Permit") to use a portion of the Premises as described in Exhibit "A" to install a
temporary Water line on the terms and conditions set forth herein.
Agreement
I. Subject to the terms and cond itiozis set forth in this Permit and the City Charter and
ordinances, the City hereby grafts Company a permit to install one (1) three (3) inch
temporary Water line across City property as depicted on Exhibit "A". Company hereby
acknowledges and agrees that this Pern-iit allows only for the installation and use of a
temporary water line and is not to be c01Istrued for any other activity or use.
2. Company shall have access to the Premises oil November 17, 2012 through March 17, 2012
(Four Months) upon which time this Pen-nit shall automatically terminate. Prior to the time
Company is entitled to any right of access to or use of the Premises, Company shall deliver
three (3) signed copies of this Permit to the attention of D.J. Harrell, Gas Lease Program
Land Agent, Planning and Development Department, 1000 Throckinorton, Fort Worth, Texas
76102-6302.
3. COMPANY AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS
OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY
ad X AND ALL CLAIMS, LA WS UI TS, A CTIONS, COSTS AND EXPENSES OF ANY KIND,
�3 1w; INCL V DING 11 B UT O T.LIMITED TG THOSE FOR PR DPER T Y DA MA GE OR L OSS
INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
-J CJ Ir RESULTING LOST PROFITS) AND/OR PE'RS'ONAL INJURY, INCLUDING DEATH,
Q
Us THA T MA Y RELA TE TO ARISE OUT OF OR BE OCCASIONED B Y i COMPANY'S"
IL BREA CH OF ANY OF THE TERMS OR PR 0 VISIONS OF THIS A GREEMENT OR (ii)
'o" ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF
t s
COMPANY, ITS OFFICERS,AGENTS,ASSOCIATES, EMPLOYEES, CONTRACTORS
(OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE
PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY
11 -20-12 A09 : 27 I
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P1ROVIDED FOR IN THIS PARAGRAPH ,SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,
AGENTS, EMPL G YEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF
JOINT AND CONCURRENT NEGLIGENCE OF BOTH COMPANY AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARA TI T EL Y IN
ACCORDANCE WITH THE LA WS OF THE SIA TE OF TEXAS.
4. COMPANY agrees to pay the City of Fort Worth for all damages suffered or incurred by it,
either directly or indirectly, as a result of ally operations conducted for or by COMPANY, its
agents, employees or representatives o» the Premises, including all damage or injury to
standing or fallen timber, buildings, fences, equipment and all other property, whether real or
personal.
5. COMPANY agrees that the City of Fort Worth shall not be liable for any loss, injury or
damage whatsoever suffered or incurred by you or your agents, employees or representatives
while on the Premises. The Company agrees that it is taking the Premises in their current
"AS 1S" condition, with no representations or warranties of ally nature whatsoever by City.
6. COMPANY covenants and agrees that City shall in no way nor under any circumstances be
responsible for any property belonging to COMPANY, its members employees, agents,
contractors, subcontractors, invitees, licensees, or trespassers, which may be stolen,
destroyed, or in any way damaged, and COMPANY hereby indemnifies and bolds harmless
City from and against any and all such clainns. The City does not guarantee police protection
and will not be liable for ally loss or damage sustained by COMPANY, its members,
employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of
the Premises.
7. The Company agrees to conduct its operations in accordance with good standard practices
and shall comply with all federal, state and local laws, rules and regulations as, well as with
all FAA regulations, and regulations, restrictions and requirements of the police, fire and
health departments now or hereafter in effect whicli are applicable to its operations.
Company shall obtain and keep in effect at its own cost and expense all licenses, permits and
taxes incurred or required in connection with this Agreement and its operations hereunder.
8. SPECIAL PROVISIONS FOR USE OF CULVERTS AND DRAINAOEWAYS:
a. Tile 5-day weather forecast must have less than a 40% chance of rain.
b. The temporary water line must be removed immediately if there is a Bash flood watch
declared by the National Weather Service.
c. No mounting brackets to be attached to the concrete channel or any culverts unless
specifically approved by City of Fort Worth Stormwater Staff (Steve Eubanks
817.392.7857 or Cannon Henry 817.392.2587).
d. No equipment may be left in a channel ovenilght.
e. Driller is responsible for any damage, including damage to others if a storm washes
out the waterline.
f. COMPANY must provide a pre-installation video of the channel condition and a
post-installation video of the channel condition to the City of Fort Worth Gas
Lease Program staff to assure that no damage has been done to the channel.
Four Month'temporary Waterline—THH1 Restoration
9. This permit and all rights granted herein are specifically nonexclusive and the City of Fort
Worth reserves the right to go on or across, and to permit others to go on and across, the
Premises for any purpose whatsoever and to conduct any operations or activities that the City
of Fort Worth may desire.
10. Upon the conclusion of the installation and use of the temporary water tine operations
hereby, you agree to return the Premises as nearly as possible to the same condition they
were in upon your entry. You specifically agree to remove all hazardous conditions on the
Premises created by your operations.
H. Permission granted by this Permit is only for the purposes of temporary waterline installation
and removal during the tithe period stated herein. This pern'lit in no way gives, either
expressed or implied, perm fission to place, construct, have placed, or have constructed on,
across, through, beneath or above Premises any other type of construction or survey
including seismographic survey.
12. Digging or excavation will NOT be allowed for any purpose.
13. Company agrees that the Premises shall not be used for storage or for any other purpose
except as outlined in this Permit.
14. Company agrees that access for all vehicles and other equipment is limited to the defined
roadway, which may only be used for the transport of equipment and supplies for installation
and removal of the temporary waterline and for no other purpose.
15. Company agrees to immediately report any leaks or ruptures to the temporary waterline(s) to
D. J. Harrell, Land Agent, at 817-392-8032. In the instance of such a leak or rapture,
Company agrees to cease operations until the appropriate City personnel can evaluate the
situation. Company further agrees that Company, at its expense, will employ all erosion
control and mitigation procedures deemed necessary by City staff.
16. Environmental Concerns;
a. All work will occur outside of any landfill cap area and performed in such away that
would be protective of the landfi I area.
b. Construction within the City Property shall be performed in such a way that would
prevent the migration of any fugitive landfill gas emissions along the utility corridor
constructed in the City Property.
c. If during the course of co1lst1-uct1o11 land-filled waste material or contaminated
material is encountered Company shall notify the City of Fort Worth, German
Vazquez, Solid Waste Field operations Superintendant or the Solid Waste Division
of the Code Compliance Department no later than one (1) business day after
discovery. The Company will be held responsible for disposing any excavated solid
waste materials as required by Federal, State and Local regulation in an appropriately
permitted landfill or waste disposal system.
17. Company agrees to provide the following to the attention of D. J. Harrell, Gas Lease Program
Land Agent, Planning and Developrrreilt Department, 1000 Throckrrrorton Fort Worth, Texas
76102-6302;
a. Three signed originals of the permits-inr to access and use of the Premises;
b. "Before Pictures" of the Premises nror to access and use of the Premises;
1~our Month Teinporary Waterl111e—rH H I Restoration
C. "After Pictures" of the Premises within 30 da s after conclusion of operations
outlined herein.
18. This permit is granted and made without any warranty of title, either express or implied.
19. Company agrees that any access for Vehicle traffic shall be prohibited oil Sunday's or
Holidays.
20. Cornpany may not assign or otherwise transfer any of its rights or obligations under this
Perm it.
By executing this Permit, COMPANY agrees to and accepts the terms, conditions and provisions.
Texas Midstream Gas Services, L.L.C. City of Fort Worth
Address: 301 Commerce St., Suite 1200 1 00 Throckmorton
Fort W rth I TX 76�02 ort Worth, Texas 76102
Phone: (81 50 -4 752
By: By:
Title: Ron6t8arant6ki, Manager- Title:
Property Rights
Date: Date: ,/z
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REVISIONS
1 3/2/11 ADDED COFW TRACTS
Lamb-Star[nginNring,L.P
PROPOSED ACCESS EXHIBIT DATE.❑1/13/2011 2 3/11/11 REVISED ACCES EASEMENT
�ain�-star 5700 W.Plano Parkway,Suifr 1000
Ptana,Texas 73093 CITY OF FORT WORTH TRACT DRAWN BY. jAK 3 3/29/11 REVISED ACCES EASEMENT
(21+)440'5600 FORT WORTH, TEXAS
CHECKED BY:DAM —
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City of Fort Worth, Texas
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App.
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DATE: Monday, November 12, 2012 REFERENCE NO.: L-15458
LOG NAME: 052050 SYCAMORE HEIGHTS TWL
SUBJECT:
Authorize Execution of a Four Month Above Ground Temporary Water Line Permit Agreement with Texas
Midstream Gas Services, L.L.C., in the Amount of$4,000.00 for city Owned Property Described as Block
14, Lot 4A of the Sycamore Heights Addition, Located Near 1750 Beach Street, West of Gateway Park
(COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that City Council authorize execution of a four month above ground temporary water
line permit Agreement with Texas Midstream Gas Services, L.L.C., in the amount of $4,000.00 for one
three-inch pipe across City owned property located near 1750 Beach Street west of Gateway Park with a
legal description of Block 14, Lot 4A of the Sycamore Heights Addition.
DISCUSSION:
The City has been approached by representatives of Texas Midstream Gas Services, L.L.C. (TMGS),
requesting a four-month Above-Ground Temporary Water Line Permit Agreement (Agreement) across a
portion of City-owned property known as Block 14, Lot 4A, of Sycamore Heights Addition for the
placement of an above-ground temporary water line in order to provide water for the purposes of a
restoration project on Gateway Park following the installation of a natural gas pipeline. The temporary
water line will be located on the north end of the property. The proposed alignment will allow for a total of
615.32 linear feet of three-inch diameter Polyvinyl Chloride (PVC) pipe within a 10 foot wide strip of land
across the property (0.141 acres more or less) for a term of four months.
Texas Midstream Gas Services, L.L.C., has agreed to pay the City $1,000.00 per month for the use of the
property. In accordance with the City Code, an initial 30-day temporary access permit was executed
administratively and paid for by TMGS so that work could begin while this Mayor and council
Communication was being processed. Between the initial 30-day permit and the four-month Agreement
that is now proposed, TMGS will be given use of the property for a total of five months and will pay a
combined fee in the amount of $5,000.00. Revenues received from this project will be administered in
accordance with the current Financial Management Policy.
Texas Midstream Gas Services, L.L.C., will be responsible for repairing and restoring any damage to the
strip of land or surrounding property resulting from the placement and removal of the waterline.
The property is located in COUNCIL DISTRICT 9, Mapsco, 78A.
FISCAL INFORMATION 1 CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development Department is
responsible for the collection and deposit of funds due to the City under this Agreement.
Logname: 062050 SYCAMORE HEIGHTS TWL Page l of 2
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GC10 446310 006060001000 2 000.00
T127 446310 006127099991 $2,000.00
CERTIFICATIONS:
Submitted for Citt Manager's Office by: Fernando Costa (6122)
OrWinat ng.Department Head: Randle Harwood (6101)
Jean Petr (8367)
Additional Information Contact: DJ Harrell (8032)
ATTACHMENTS
1. THH! T!A/L. df (Public)
Logname: 062050 SYCAMORE HEIGHTS TWL Page 2 of 2