The URL can be used to link to this page

Home My WebLink AboutContract 41673 (2)CITY SECRETARYCI CONTRACT NO.? I \J1 :\ REIMBURSEMENT AGREEMENT CITY OF FORT WORTH, TEXAS - WIDENING SUMMER CREEK DRIVE THIS AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation organized under the laws of the State of Texas (hereinafter called "Owner") 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 10.75-inch diameter WB 358 Bill line, in Fort Worth, Texas, said pipeline being a part of TMGS's Barnett Gas Gathering System (the "Pipeline"); and WHEREAS, Owner desires to widen Summer Creek Drive, extending the road right of way and causing it to encroach upon TMGS's easement for the Pipelines, as generally shown on Exhibit "A"; and WHEREAS, in order to accommodate widening Summer Creek Drive and the expanded road right of way, TMGS has agreed to relocate approximately two hundred fifty feet (250') of the installed Pipeline approximately as shown on Exhibit "A" (the "Relocation") attached hereto and made a part hereof; and WHEREAS, Owner has agreed to reimburse TMGS for the estimated costs and expenses incurred for the installation of the replacement section as protective action on the Pipeline. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between Owner and TMGS as follows: 1. ADJUSTMENT OF PIPELINES: TMGS shall relocate and install approximately 250 feet of 10.75" diameter pipe along the proposed new pipeline easement. The Relocation 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 Relocation. 2. PAYMENT BY OWNER: Owner shall remit payment of Forty-nine Thousand Nine Hundred Ninety Nine Dollars and NO/100 ($49,999.00) to TMGS within thirty (30) days of the start of the Relocation 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. OFFICIAL RECORD CITY SECRETARY �T. VVORTH, TX 3. INGRESS AND EGRESS: Owner hereby grants to TMGS the right of ingress and egress across all lands owned leased or controlled by Owner as may be reasonable or necessary for TMGS to perfoiin the Relocation. 4. AUDIT: Owner 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 Owner 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 Relocation site. TMGS shall be responsible for any damages or personal injury caused by the negligent acts or omissions of its officers, employees or agents Not withstanding 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 constructed 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 SERVICES, L.L.C. >aks•••••4‘10t. By: Fernando Costa Assistant City Manager Date: 44// RECOMMENDED FOR APPROVAL: Gregg Si" ice' o Acting1 ► ec i . r T/PW Department p ATTEST: \rr\ Marty Hendrix City Secretary Authorization: No M&C Required Date: 7 agerProperty Rights ,00tanutittFn a 000oO'ap„%�l, *4412iii4S,6, APPRO D AS TO FORM AND LEGALITY: Doug B ack Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A I a ' I v � I � EXHIBIT"A« PROPOSED ROW 20' EX. PIPELINE LOCATION 20' PROPOSED PIPELINE EASEMENT NEW PROPOSED PIPELINE RELOCATION 3NI13dla saAtiZdVS3NO „GL'Ol GRAPHIC SCALE 0 5 IC (IN fEEiJ 11"i' 10ft. f • ... . ii i 1i . • •_•• 1 J.....•1 PROPOSED SUMMER CREEK DRIVE BETWEEN RISINGER ROAD AND McPHERSON BLVD, CITY PROJ. NO. 00997 MAPSCO 102 V COUNCIL DISTRICT 6 2000 0 2000 SCALE: 1 2000' • d f. 1 t// • , L ! • giss 1 whams 4 SEG ENT 2 - SUMMER CREEK DRIVE. - DESIGN SOUTHBOUND 2 LANES (2,050 ft.) • • • 1D r • ;Ili ‘• ( :� 1 •i' • • • ATTACHMENT E-1 11111ti1UlII w1 9 isinger 1 1 / / / / / / / / / IP-- t Any 22 INS - 440 aft 0 I a et i 1 - 11tdIl r rr �4,,.1 r • err 4, %t ��1111 at s e 1 _/lr, Ut, :t!f/s • at: %W •t1to> •S .t :, 1 a 4 42 2% :0��:l - .n4 Pr4 1 i r 1fi ►sue �lt�'i tf�i 1111111 -•1H .m.1t ova urn a •1 u-�I+ 1 .u1141 . Lu • 1 1 1 S f. ili r --.1+ Star • • 1 Y• • 4 :- • I� • • 11* • ORT WORT DU v 1601 Merrimac Ciro* • ES* 100 • Fort Wkxlh,1X 76101 Tel: 817-336-1121 • Fax 817-1135-4437 !, i : i tri a l i 111b`_ -i 111 11111 1111111111 11111 1l1 1 isrA Dire I is II 5 11111 41411 Ma PROJECT LOCA1ION 11 ft II 11 111111 :asiaJOI ffiff{ty+fll.31 1.ILQ L'_J-J se a as sis; 11 ��111 i►tn �1��jrlll " llll .. 11 1t111 Z! 1111 lilllllr - �m immmcra m MInamnn1 11 11Il1l 1 m it _•1_ a=rnj 111iftr u10 1 SEGMEN - SUMMER CREEK DRIVE. - DESIGN 4 ,_, LANE SECTION (3,500 ft.) ifs 1 of , Fort Wcrrth SW , !1t Park • r •omrmut y f �Q s 11 W. Yam. • • • • 1f • • • L -1 • 1 1 rt� • • 4114 ea. AS MI On SP rat ni IHUMMIIHIPHIVP fill IN ma: ill rull • • is rintw---- 41. 7---�—_,. �- t i 1 • 1 • _Yt • • 1 • 1' 11111 1 1111111 1 WWI 1411111 1 11:1 HMI Hill 11111 11031 • n i Z , • 1 t. t • 4 • •'•♦ 4 _ L i -.- . _ DESIGN WESTBOUND 2 LANES tri • • • •