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HomeMy WebLinkAboutContract 45429 (2)14ci Mg ACT MB GAS Mir SERSTRFAM VICES March 7th, 2014 Debbie J. Willhelm, P.E. City of Fort Worth - Transportation and Public Works Stormwater Management Division 1000 Throckmorton St. Fort Worth, TX 76102 RE: Proposed City of Fort Worth 36" Storm Drain Pipeline Crossing in Three Locations Above TMGS Kimbo 1H PL (AKA Kimbo Pad Lateral) Dear Debbie Willhelm, This letter is in response to your request for permission for City of Fort Worth ("Fort Worth") to construct the proposed 36" storm dram pipeline crossing in three locations over an existing pipeline owned by Texas Midstream Gas Services, L.L C. ("TMGS") in Tarrant County, Texas. Please be advised that TMGS hereby grants to Fort Worth the right to construct said 36" storm drain pipeline crossing in three locations over the aforementioned pipeline or facility in consideration of Fort Worth's compliance with the following requirements: 1. A minimum of 48 hours (excluding weekends and holidays) prior to commencing construction or operations of the proposed 36" storm drain pipeline, Fort Worth shall notify and/or be responsible for their contractors, agents and subcontractors notifying the Texas One -Call System (dial 811 or 800-245-4545) of the construction so that a TMGS representatives) or other designated person(s) can be present during the construction or operations. 2. TMGS reserves the right to have a representative stationed along TMGS' rights -of -way during the subject construction or other operations within 15 feet of TMGS' pipeline or facility. 3. Fort Worth may place excavated material inside TMGS' rights -of -way and such material on top of TMGS' pipeline under supervision of TMGS' representative. All excavation within five feet (5') of TMGS' pipeline shall be done by hand. 4. Wherever Fort Worth should cross TMGS' rights -of -way with heavy steel tracked equipment, Fort Worth shall place matting or other suitable material over the pipeline as determined by TMGS' representative. 5. The proposed 36" storm dram pipeline will cross TMGS' existing pipeline or facility right-of-way on property owned by Justin Brands Inc. in the J. C. McCommas Survey, Abstract No. 1047, as depicted in the vicinity map and/or site plans. Fort Worth shall be solely responsible for obtaining any required permission from the landowners and any governmental permits or authorizations necessary for Fort Worth to constuct its 36" storm drain pipeline. Access Midstream Encroachment P.O. Box 18355 ° Oklahoma City, OK 73154-0355 Toll Free 855-245-2300 ° encroachment@accessmidstream.com )FFICIAi� RECORD CITY SECRETARY FT. WORTH, TY EC�IltEg-M„ir flithit 6. Should it become necessary for TMGS to perform future maintenance, repairs, or replacement of its existing pipeline or facility within said TMGS easement that may result in damage or removal of the 36" storm drain pipeline over TMGS' pipeline or facility, agrees that any costs associated or related to the removal, repair, or reconstruction of the 36" storm drain pipeline will be at the sole expense of Fort Worth. 7. To the extent permitted by law, Fort Worth does hereby agree to release, protect, defend, indemnify and hold harmless TMGS, its parent, associated and affiliated companies, its and their agents, employees, officers, directors, insurers, successors and assigns from and against all claims, demands, suits, and actions or payment for damages to, or loss of property or injury to or death of, any legal entity, person or persons (including the property of the landowner(s) identified in Paragraph 5, above, and the property or employees of Fort Worth and TMGS) that may be caused by, arise out of or result from Fort Worth's construction, operation or maintenance of the 36" storm drain pipeline and related equipment and facilities, except for such damage or injury resulting from the sole negligence or willful misconduct of TMGS. Nothing contained herein shall ever be construed so as to require Fort Worth to create a sinking fund or to access, levy, assess, and collect any tax to fund its obligations, if any, under this Paragraph. Please indicate Fort Worth acceptance of the above by having one of the originals of this letter signed and dated by a Fort Worth representative, then return to: Texas Midstream Gas Services, L.L.C. c/o Access Encroachment Department Attention: Holly Gibson P.O. Box 18355 Oklahoma City, 0K 73154-0355 c41twruitAilo RECORD] crnr SECRETARY fF9: WORTh, TX Should you have any questions regarding operation procedures, please call me at 405-935-2713. Sincerely, John Hatton General Manager— Barnett ACCEPTE 204 ;.' AND AG ..r 000 '�-C` Fit f...}•t awl_.I_* I SS I aeciu EMI MI i i V OF FORT WORTH ON THIS Name: Fernando Costa Title: Assistant City Manager • day of /f.ite/t TO FORM AND LEGALITY: • Exhibit A MIDSTREAM 0.1 Proposed City of Fort Worth 36" Stores Drain Pipeline Crossing in Three Locations Above TMGS Kimbo 1 H ?L (AKA Kimbo Pad Lateral]) 0 WGS_1984 Web_Mercator Auxiliary_Sphere © Access Midstream Partners 0.04 0.1 Miles Lat 32.13073 Lon: -q2ga3 Lit Lon:-g7_2g35 MQTt cr Thle doournertt (and attactnttvnta. If any) In the property of Aocooa Midstream Portnorn. l..P.. Itc attlllote% and oubsldlarleo. ("Access Mldntream) and may contoln prWlleped. confidential. or proprietary trade r"ecrot Information. Tho diccomination or dlctrlbutlon thereof without Accecn MldaVeam'a prior written consent Io prohibited. Access Midstream male% no warranty or representation. exprena, Implied, or otherwise. es to the accuracy or complateneao of tho Information ohown for not shown) on this document, and dlnolalmo reoponsIblllty for the actions of third portion tnkon In rollonoe thereon. Legend Compressor Station L. Active Inactive Preliminary Proposed Abandoned * Tie-in Points Valve Site l= Pig Trap Q Treatment Plant Oil Facility Facility Footprint Pipeline Overview Other Status or Owner Access. In Service Leased, In Service NonOp, In Service Access, Not in Service Leased, Not in Service NonOp, Not in Service Access, Mechanically Complete/Pa Access, In Construction Route Development ▪ Pre -Construction Access_Midstream_Bing_Map r_I An Ca Mr ▪ Yd. 01 • Line "A" Station 24+60 -Cross at 45 degrees where bend connections will be located completely outside the gas easement. Anticipated vertical clearance above gas line is 6', GPS Coordinates 32.8073453 -97.29829054444444 • Line "A" Station 28+17 - Cross at 90 degrees with installation of junction box completely outside gas easement. Anticipated vertical clearance above gas line is 3.5'. GPS Coordinates 32.80719251944444 -97.29851858055556 • Line "A-3" Station 01•40 - Cross at 45 degrees. Anticipated vertical clearance above gas line is 6.5'. GPS Coordinates 32.80686152222222 -97.29912189722222 "'Litt Jai; r 6. Should it become necessary for TMGS to perform future maintenance, repairs, or replacement of its existing pipeline or facility within said TMGS easement that may result rn damage or removal of the 36" storm drain pipeline over TMGS' pipeline or facility, agrees that any costs associated or related to the removal, repair, or reconstruction of the 36" storm drain pipeline will be at the sole expense of Fort Worth. 7. To the extent permitted by law, Fort Worth does hereby agree to release, protect, defend, indemnify and hold harmless TMGS, its parent, associated and affiliated companies, its and their agents, employees, officers, directors, insurers, successors and assigns from and against all claims, demands, suits, and actions or payment for damages to, or Toss of property or injury to or death of, any legal entity, person or persons (including the property of the landowner(s) identified in Paragraph 5, above, and the property or employees of Fort Worth and TMGS) that may be caused by, arise out of or result from Fort Worth's construction, operation or maintenance of the 36" storm drain pipeline and related equipment and facilities, except for such damage or injury resulting from the sole negligence or willful misconduct of TMGS. Nothing contained herein shall ever be construed so as to require Fort Worth to create a sinking fund or to access, levy, assess, and collect any tax to fund its obligations, if any, under this Paragraph. Please indicate Fort Worth acceptance of the above by having one of the originals of this letter signed and dated by a Fort Worth representative, then return to: Texas Midstream Gas Services, L.L.C. c/o Access Encroachment Department Attention: Holly Gibson P.O. Box 18355 Oklahoma City, OK 73154-0355 Should you have any questions regarding operation procedures, please call me at 405-935-2713. S. �cerely, Hatton eral Manager— Barnett ACCEPTED AND AGREED TO 13_Y -T IE.:CLTY OF FORT WORTH ON/?Liay THIS of 2014 r. r i - 1%/V Mtily1. r. iJ i. t :_. rlti,ir. ame: Fernando Costa itle: Assistant City Manager AP OV C}TY AT T O?Nt#Y :_EC' ALlt!