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Home My WebLink AboutContract 43587 CITY SECRETARY// CONTRACT NO.�. REIMBURSEMENT AGREEMENT CITY OF FORT WORTH, TEXAS REMOVAL OF PIPELINE—TOM ELLEN STREET DITCH THIS AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a Texas home rule municipal corporation ("City") and TEXAS MIDSTREAM GAS SERVICES, L.L.C., an Oklahoma limited liability company, with a mailing address of P.O. Box 18162, Oklahoma City, Oklahoma 73154-0162 hereinafter called ("TMGS"). WITNESSETH: WHEREAS, TMGS owns and operates a natural gas pipeline - the 8.625-inch diameter Magellan line, in Fort Worth, Texas, said pipeline being a part of TMGS's Barnett Gas Gathering System (the "Pipeline") which is currently not in service; and WHEREAS, City desires to regrade a drainage facility in which a section of the Pipeline is located; therefore removal of the line is required at the location where the grade work will be performed, as generally shown on Exhibit"A"; and WHEREAS, in order to accommodate the need to regrade a drainage facility, TMGS has agreed to remove approximately eighty-seven feet (87') of the installed Pipeline as shown on Exhibit "A" (the "Removal") attached hereto and made a part hereof; and WHEREAS, City has agreed to reimburse TMGS for the estimated costs and expenses incurred for the Removal and the associated labor and maintenance required for protective features on the remainder of the Pipeline. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and TMGS as follows: 1. ADJUSTMENT OF PIPELINE: TMGS shall remove a section of the Pipeline and install flanges and blinds on either side of the remainder of the Pipeline. The Removal shall be performed by TMGS or its contractors in a workmanlike and expeditious manner in accordance with accepted industry practices and work schedules, and using diligence to complete said Removal. 2. PAYMENT BY CITY: City shall remit payment of Thirty-nine Thousand Dollars and NO/100 ($39,000.00) to TMGS within thirty (30) days of the start of the Removal under the terms of this Agreement. The obligation of the City to make a cost reimbursement payment under this Agreement does not constitute a general obligation or indebtedness of City for which the City is obligated to levy, pledge or collect any form of taxation. 3. INGRESS AND EGRESS: City hereby grants to TMGS the right of ingress and egress across all lands owned, leased or controlled by City as may be reasonable or necessary for OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX TMGS to perform the Removal. In the event TMGS requires additional workspace, City shall be responsible for acquiring and compensating any landowner for said additional workspace. 4. AUDIT: City shall have the right, upon reasonable notice and during normal business hours, to audit and obtain copies of TMGS's books, records, documents, accounting procedures, practices or any other items to the extent relating to the invoice presented for payment at the completion of the work on this project. 5. HOLD HARMLESS: The parties intend that each shall be responsible for its own intentional and negligent acts or omissions. The City shall be responsible for the acts and omissions of its officers and employees while acting within the scope of their employment and while at the Removal site. TMGS shall be responsible for any damages or personal injury caused by the negligent acts or omissions of its officers, employees or agents. Notwithstanding any other provision of this Agreement, in no event shall either party be liable to the other for any indirect, consequential or incidental damages, including but without limitation, loss of revenue or loss of profits arising from this Agreement and the performance or non-performance of obligations hereunder. 6. NO JOINT VENTURE: It is the express intention of the parties hereto that this agreement shall not be construed as, or given the effect of, creating a joint venture, partnership or affiliation or association that would otherwise render the parties liable as partners, agents, employer-employee or otherwise create any joint and several liability. 7. VENUE: This Agreement shall be enforceable in Tarrant County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the same shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8. ASSIGNMENT: No party may assign its rights and obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed. 9. SEVERABILITY: In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in the Agreement. 10. AGREEMENT BINDING: This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective heirs, executors, administrators, personal representatives, legal representatives, successors and assigns subject to the provisions of Section 8. 11. ENTIRETY OF AGREEMENT: This agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof, and no alterations of the terms and conditions of this Agreement shall be valid unless in writing and signed by both of the parties hereto. IN WITNESS WHEREOF: The parties have executed this agreement and it shall be effective as of the date last written below. CITY OF FORT WORTH: TEXAS MIDSTREAM GAS SERV L.L.C. By: .��iC.--y By: Fernando Costa Ron anski Assistant City Manager Manager- Property Rights Date: 9 /.Z /.Z Date: zwz RECOMMENDED FOR APPROVAL: v. Douglas VvOWiersig,P.E. Director D artment of Transportation/Public Works ATTEST: a 400000000004 %0 016 Q60 '� O� 0 O O M y ayse a11 City Secretary ��a 000°O00000° pQ, Authorization: No M&C Required APPR j)AS TO FORM AND LEGALITY: k)V---7 Doug as W. Black Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Legend (^ �. Tom Ellen St. Ditch • Pad Sites ""'" w,asr.aww 5/14/2012 8:11 AM • Meter-Midstream BRANDS • COI Meter-FlowCal r t PAD • Compressor Station * Tie-in Points f �E ■ Treatment Plant r 0 Valve Site _ CHK Pipeline —C) <all other values> r .,• _ — Midstream,Active ■ d — COI/CAL,Active ■ ■ � — NonOp,Active ■ lu ■ LL — Leased,Active 1 ■ .r' ................. .......................■ —_ Midstream,Partially Constructed/M COI/CAL,Partially Constructed/Mer F --- Midstream,Not in Service --- COI/CAL,Not in Service del,J .-- NonOp,Not in Service M �n. --- Leased,Not in Service a * Qv (� 'Z• __ Midstream,Route Execution �ro� �• o -- C01/CAL,Route Execution +•• ��F ~ 54 - Route Development ■ ` : d --Fossil Dr _ Route Initiation ' 1�'�•• G' State / Eastern Landgrid-Districts F,�+ 4• V1.1 [3 Township �, +�• pl ❑ Section • 4P + " Blocks-TX 0 F] Abstracts-TX. r Z7 r •� r i - Chesser Boyer Rct- 41 r .+r Z, Q Notes .�ilrtig 0.2 0 0.10 0.2 Miles This document(and attachments,if any)is the property of Chesapeake Energy Corporation,its affiliates,or subsidiaries(-Chesapeake'),and may contain privileged,confidential,or proprietary trade secret information. This dissemination or distribution thereof without Chesapeake's prior written consent is prohibited. WGS-1984_Web_Mercator_Auxiliary_Sphere Chesapeake makes no warranty of representation,express,implied or otherwise,as to the accuracy or completeness of the information shown(or not ahown)on this document,and disclaims responsibility for the ®Chesapeake Energy Corporation actions of third parties taken in reliance thereon.