HomeMy WebLinkAboutContract 46961 CITY SECMTAW
CONTRACT NO.,
LONG TERM TEMPORARY WATER LINE
' PERMIT AGREEMENT
This 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 Vantage Fort Worth
Energy, L.L.C., (hereinafter referred to as "Company"), a Delaware corporation.
The following statements are true and correct and constitute the basis upon which
the City of Fort Worth has executed the agreement:
A. Vantage Fort Worth Energy, L.L.C., ("Company") a Delaware corporation
wishes to install two (2) eight-inch temporary water lines on the surface of
property described in Exhibit "A", hereinafter referred to as "Premises".
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" in order to install a temporary water line on the terms and conditions
set forth herein.
Agreement
1. Subject to the terms and conditions set forth in this Permit and the City
Charter and ordinances, the City hereby grants Company a permit to install
two (2) eight-inch temporary water lines across City property as depicted on
Exhibit "A". Company hereby acknowledges and agrees that this Permit
allows only for the installation and use of a temporary water line and is not to
be construed for any other activity or use.
2. This Permit and all rights granted herein to Company are strictly
nonexclusive. The City reserves the right to go on or across and permit others
to go on or across,' the Premises for any purpose whatsoever and to conduct
any operations or activities that the City may desire.
3. Company shall have access to the Premises on July 30, 2015 through
September 30, 2015 upon which time this Permit shall automatically
terminate. Prior to the time Company is entitled to any right of access to or
use of the Premises for the installation of the temporary water lines, Company
shall deliver two (2) signed copies of this Permit to the attention of Katherine
Davenport, Land Agent, Property Management Department, 900 Monroe
Street, 5th floor, Fort Worth, Texas 76102.
4. 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 Federal Aviation Administration ("FAA")
regulations.
5. Company agrees that at no time will the Property be used for storage of
equipment or materials other than the pipeline used for the permitted
temporary water line.
2700 Quail Long Term TWL—Vantage Permit Agreement 1,11°" o"SE MIR11"
6. Company agrees to pay City for all damages suffered or incurred by it, either
directly or indirectly, as a result of any operations conducted for or by
Company, its agents, employees or representatives on the Premises, including
all damage or injury to standing or fallen timber, buildings, fences, equipment
and all other property, whether real or personal.
7. COMPANY AGREES TO DEFEND, INDEMNIFY AND HOLD THE
CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES
HARAILESS AGAINST ANYAND ALL CLAIMS, LAWSUITS,ACTIONS,
COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAA,)AGE OR LOST TO COMPANY'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) COMPANY'S BREACH
OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT
OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF C01111PANY, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS, RELATED TO THE PERFORMANCE OF THIS
AGREEMENT; EXCEPT THAT THE INDEIYINITYPROVIDED FOR IN
THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS, AGENTS, EMPLOYEES AND IN THE EVENT OF JOINT
AND CONCURRENT NEGLIGENCE OF BOTH COMPANY AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
C011PARATIVEL Y IN ACCORDANCE WITH THE LA WS OF THE
STATE OF TEXAS.
8. Company covenants and agrees that City shall no way or under any
circumstances be responsible for any property belonging to Company, its
members, employees, agents, contractors, subcontractors, invitees, licensees
or trespassers which may be stolen, destroyed, or in any way damaged, and
Company hereby indemnifies and holds harmless City from any and all such
claims. City does not guarantee police protection and will not be liable for
any loss or damage sustained by Company, its members, employees, agents,
contractors, subcontractors, invitees, licensees, or trespassers on any of the
Premises.
9. Company agrees that City 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
10. Company agrees that it is taking the Premises in their current "AS IS"
condition, with no representations or warranties of any nature whatsoever by
City.
11. Company agrees to install the temporary water lines using human foot traffic
only while working on the Premises.
12. Company shall not cause any disturbance to the surface of the Premises nor
shall it engage in any construction activity on the Premises.
2700 Quail Long Term TWL—Vantage Permit Agreement
13. SPECIAL PROVISIONS FOR USE OF CULVERTS AND DRAINAGE
WAYS:
a. The five (5) day weather forecast must have less than a forty percent
(40%) chance of rain.
b. The temporary water line must be removed immediately if there is a flash
flood watch declared by the National Weather Service.
c. No mounting brakes are to be attached to the concrete channel or any
culverts unless specifically approved by the City of Fort Worth
Stormwater Staff (Contact: Steve Eubanks at 817.392.7857 or Cannon
Henry at 817.392.2587).
d. No equipment may be left in a channel overnight
e. Company is responsible for any damage, including damage to others if a
storm washes out the water line.
f. Company must provide a pre-installation video of the
channeUcreekbed condition and a post-installation video of the
channeUcreekbed condition to the City of Fort `North Gas Lease
Program staff to assure that no damage has been done to the channel.
g. No pipeline may be installed within the channeUcreekbed.
h. Company must monitor the placement of the temporary water line
during the term of the permit. Should the pipeline fall in the
channel/creekbed, Company shall immediately restore the pipeline to
the bank of the channeUcreekbed within the area described in Exhibit
A.
14. Company must provide a pre-installation video of the property condition and a.
post-installation video of the property condition to the City of Fort Worth Gas
Lease Program staff to assure that no damage has been done to the property.
15. Within 30 days of completion of the term of this Permit for the temporary
water line operations, Company agrees to remove all equipment and return the
Premises as nearly as practicable to the same condition as Premises were in
upon Company's entry. Company specifically agrees to remove all hazardous
conditions on the Premises created by Company's operations. If Company
fails to remove the equipment within the timeframe stated herein, City shall
remove and take possession of the equipment.
16. Company may not assign or otherwise transfer any of its rights or obligations
under this Permit.
By executing this Permit, Company agrees to and accepts the terms, conditions and
provisions contained herein.
SIGNATURE PAGES FOLLOW:
2700 Quail Long Term TWL—Vantage Permit Agreement
Vantage Fort Worth Energy, L.L.C.
By: Z8(06ry M. Corbin
Address: 777 Main St. #790
Fort Worth, TX 76102
Phone: 817-897-2666
Date: ,.-/ .-- / r.
CITY OF FORT WORTH
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Assistant City Manager
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OFFICIAL RECORD
CI 'Y SECRE"GUR Y
2700 Quail Long Term TWL—Vantage Permit Agreement
ACKNOWLEDGEMENTS
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Jesus J.
Chapa, Assistant City Manager of the City of Fort Worth, a home-rule municipal corporation of
the State of Texas, known to me to be the person whose name is subscribed to the foregoing
instrument and, that he has executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of °�. 2015,
g,�+P`y;: LINDA K HIRRLINGER
' MY COMMISSION EXPIRES=
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_e-n 4 Notary Public in and for the �t
. State of Texas
My Commission Ex it es
yt("".. (Tv Print Name of Notary Public Here
THE STATE OF �, ,' §
COUNTY OF .. ,t,, §
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BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
6 , on behalf of Vantage Fort Worth Energy, L.L.C., a Delaware Corporation,
known io me to be the person whose name is subscribed to the foregoing instrument and, that he
has executed the same for the purposes and consideration therein expressed.
G _ EA.L OF OFFICE this day of •r. , 2015.
[S ure oterY PubNi.
S rAT E,O TF: S Notary Public in and for the is 2019
Y State of
My Commission Expires:
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2700 Quail Long Term TWL—Vantage Permit Agreement
Exhibit "A"
2700 Quail Road
Fort Worth TX 76119
Handley Heights South Addition
Block.- 2 Lot-, 11
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T'ern orar Water Lines
Temporary
M&C Review Page 1 of 2
Official site of the City of Fort Woith,Texas
CITY COUNCILAGENDA
FORT WORTH
COUNCIL ACTION: Approved on 7/21/2015
DATE: 7/21/2015 REFERENCE NO.: **L-15789 LOG NAME: 212700QUAIL TWL
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Two Month Above Ground Temporary Water Line Permit
Agreement with Vantage Fort Worth Energy, L.L.C., in the Amount of$3,000.00 for City
Owned Property Described as Handley Heights South Addition Block 2 Lot 11 NE PT
Located at 2700 Quail Road (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that City Council authorize execution of a two-month above-ground Temporary
Water Line Permit Agreement with Vantage Fort Worth Energy, L.L.C., in the amount of$3,000.00 for
two (2) eight-inch temporary water lines across City-owned property located at 2700 Quail Road,
described as Handley Heights South Addition Block 2 Lot 11 NE PT.
DISCUSSION:
The City has been approached by representatives of Vantage Fort Worth Energy, L.L.C., requesting
a two-month above-ground Temporary Water Line Permit Agreement (Agreement) across a portion of
City-owned property described as Handley Heights South Addition Block 2 Lot 11 NE PT, for the
placement of two above-ground temporary water lines in order to provide water for the Rosedale
North Unit, Wells 3H through 11 H. The temporary water lines will be located along the north property
line. The proposed alignment will allow for a total of 1300 linear feet of 8-inch diameter pipes within a
ten-foot wide strip of land across the property for a term of two months.
Vantage Fort Worth Energy, L.L.C., has agreed to pay the City $1,000.00 per month for the use of the
property. An initial 30-day temporary water line permit was executed administratively in which
$1,000.00 was initially paid for by Vantage Fort Worth Energy, L.L.C., so that the work could begin
while this Mayor and Council Communication was being processed. Including the initial 30-day permit
and the two-month Agreement that is now proposed, Vantage Fort Worth Energy, L.L.C. will be given
use of the property for a total of three months. An additional $2,000.00 will be collected from Vantage
Fort Worth Energy, L.L.C., for a combined fee in the amount of$3,000.00. Revenues received from
this project will be administered in accordance with the current Financial Management Policy
Statements which allocate 50 percent of the revenue to Capital Projects Reserve Fund and 50
percent to the General Endowment Gas Lease Fund.
Vantage Fort Worth Energy, 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 temporary
above-ground water lines.
The property is located in COUNCIL DISTRICT 5, Mapsco 80S.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Property Management Department is
responsible for the collection and deposit of funds due to the City under this Agreement.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21229&councildate=7/21/2015 7/28/2015
M&C Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GC10 446310 006060001000 $1,500.00
T127 446310 006127099901 $1,500.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Wayne Corum (5118)
Additional Information Contact:
Kathy Davenport (8044)
Jean Petr(8367)
ATTACHMENTS
2700QuailRd.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21229&councildate=7/21/2015 7/28/2015
MAYOR AND COUNCIL COMMUNICATION MAP
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Copyright 2015 City of Fort Worth. Unauthorized reproduction is a violation of General Location
r applicable laws.This product is for informational purposes and may not have been
prepared for or be suitable for legal,engineering,or surveying purposes. It does not
represent an on-the-ground survey and represents only the approximate relative gym® Temporary Water Line