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HomeMy WebLinkAbout065697 - Construction-Related - Contract - SWG Pipeline, LLCCSC No. 65697 -= ONEOK May 22, 2026 City of Fort Worth Attn: Jesica McEachern 100 Fort Worth Trail Forth Worth, TX 76102 Re: Letter of No Objection City of Fort Worth requests for one (1) water transmission line crossings over SWG's existing Tarrant Co. Sue. Ln pipeline (26160) in Tarrant County, Texas. To Whom it May Concern: SWG Pipeline, L.L.C. ("SWG") is in receipt of the City of Fort Worth's ("City") request to construct, maintain, operate, inspect, repair, replace and/or remove one (1) water transmission line crossings as more particularly shown, described and detailed on the drawing(s) attached as Attachment 1 hereto and made a part hereof (referred to herein as the "City Facilities") over and/or within close proximity to a portion of certain pipeline and pipeline -related facilities operated by SWG (referred to herein as the "SWG Facilities"). SWG desires to work with City to ensure the continued safe operation of SWG Facilities. This letter serves as confirmation that SWG has no objection to the proposed construction, maintenance, operation, inspection, repair, replacement, and/or removal of the City Facilities, subject to the following qualifications and requirements: 1. Any plan changes, requiring excavation or other modifications to the City Facilities, in areas near the SWG Facilities, must be preapproved, in writing, by SWG, prior to construction. 2. Review and/or approval of any plans or drawings by SWG shall not constitute an assumption of any responsibility by SWG for their accuracy or sufficiency or conformity with applicable laws, and City shall be solely responsible therefor. 3. City agrees to provide advance notice to the SWG representative designated below at least seventy-two (72) hours prior to the commencement of any construction, maintenance, operation, inspection, repair, and removal of the City Facilities or any equipment or machinery being located within twenty-five feet (25') of the SWG Facilities. Colin Brammell, Real Estate Services Agent Coordinator Colin.brammellna,oneok.com Emergency --- 1-866-394-9839 OFFICIAL RECORD CITY SECRETARY 100 West 5th Street) Tulsa, OK 74103 FT. WORTH, TX Office: 918-588-7000 oneok.com City of Fort Worth May 22, 2026 Page 2 SWG shall have the right to have an SWG representative on site to oversee any work or activity taking place within twenty-five feet (25') of the SWG Facilities. Such representative may immediately suspend or terminate any work if, in such representative's reasonable judgment, such work presents a threat to the safety or integrity of the SWG Facilities, and SWG will not be liable to City, its contractors, consultants or any other associated party for any costs or expenses associated with such suspension or termination. 4. All SWG pipeline locations and elevations must be field -verified. An SWG representative shall do all line locating. 5. No excavation is permitted within fifteen feet (15') of any SWG pipeline without a SWG representative onsite. 6. A minimum vertical clearance of twenty-four inches (24") must be maintained between any SWG pipeline and the City Facilities. 7. No heavy equipment, such as backboes, bulldozers and excavators, shall cross EnLink's right- of-way without dragline mats installed over EnLink's underground facilities. Dragline mat bridges shall be used to eliminate excessive loads from being imposed on EnLink's underground facilities. In addition, the maximum wheel load should be no greater than 25,000 lbs. for any equipment crossing EnLink's underground facilities. 8. City agrees to provide as -built drawings of the City Facilities within thirty (30) days of SWG's request therefor. 9. Without limiting any of the foregoing, City shall at all times conduct its work safely, expediently, and in such a manner so as not to unreasonably interfere with or impede the operation of the SWG Facilities. 10. City agrees to maintain and repair the City Facilities and keep same in good condition at City's sole expense. In no event shall City remove any cover and/or decrease the grade from SWG's right-of- way. 11. City will provide and maintain proper and effective protection to the SWG's Facilities so as to prevent any damage resulting from City's use of SWG's right-of-way. 12. City will pay all damages caused to SWG's Facilities that results from the project described herein or the construction and maintenance of the City Facilities. City of Fort Worth May 22, 2026 Page 3 13. To the extent allowed by law, City agrees to indemnify, defend and hold SWG, its parent, affiliates, subsidiaries, and their directors, officers, employees, representatives and agents ("Indemnitees") harmless from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage, injury, suit, proceeding, judgment or cost (including, without limitation, court costs and reasonable attorneys' fees) for personal injury to or death of any person, or damages to any property, caused by or arising out of the construction, maintenance, operation, inspection, repair, replacement or removal of the City Facilities, but not to the extent caused by the negligence, gross negligence or willful misconduct of SWG. Nothing contained herein shall ever be construed so as to require the City to assess, levy and/or collect any tax to fund its obligations under this paragraph. Article XI, Section 5 of the Texas Constitution provides that a city is prohibited from creating a debt unless the city levies and collects a sufficient tax to pay the interest on the debt and provides a sinking fund. The City of Fort Worth has not and will not create a sinking fund or collect any tax to pay any obligation created under this section. 14. This letter shall not be construed as a grant to City of a right of way, easement, or any other interest, but only grants a permit for the limited encroachment across SWG's existing right-of-way as herein provided. City will be responsible for securing any rights to the property from the owner of the property on which the City Facilities will be installed. SWG makes no warranty, express or implied, as to title to the property on which the City Facilities will be installed, and the consent herein given is subject to all prior grants, reservations, encumbrances, occupancy and crossing agreements, if any, whether made by SWG or others and whether or not of record. SWG consents to any encroachment by the City Facilities only to the extent that SWG has the right to grant such consent. 15. It is agreed that SWG will maintain its prior rights and privileges. This letter neither supersedes nor negates any rights granted to SWG under the SWG's agreement(s) and/or documents creating the SWG's rights to the property. 16. The requirements set forth herein shall be binding on the parties hereto, their heirs, successors and assigns. [signatures on following page] City of Fort Worth May 22, 2026 Page 4 Please indicate your acceptance of the foregoing by executing in the space provided below and returning a copy to Addie Landry at addie.landryCa,oneok.com Sincerely, SWIG Pipeline, L.L.C. DocuSigned by: �,1 ��, J�f� Initial Initial By:EP4nP09F=98339A414 t,� A (AX �-t,M' t U. � U113 Name: Delaine Kurth Title: Director - Real Estate Services ACCEPTED AND AGREED TO this 27th day of July , 2026. City of Fort Worth Bv: Name: Jesica McEachern Title: Assistant City Manager Letter of No Objection PROJECT NAME: Northside III - Phase IV 54 Inch. (CPN: 104940-4) ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Preeti KC, P.E. Sr. Project Manager APPROVAL RECOMMENDED: By: A AY�1 — Christopher arder, P.E., Director, Water Department CONTRACT AUTHORIZATION M&C: N/A Date Approved: N/A APPROVED AS TO FORM AND LEGALITY: Sophie Mathew) By: Sophie Mathews Assistant City Attorney II FORM 1295: N/A ATTEST AS TO ICITY MANAGER SIGNATURE: By: dam° °po Jannette Goodall° CitySecretary ° -J an �EXA5o4� QnRnnaa4 OFFICIAL RECORD CITY SECRETARY FT. 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City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: SWG Pipeline, LLC Subject of the Agreement: Northside III -Phase IV - 54" Water Transmission Main M&C Approved by the Council? * Yes ❑ No If so, the AMC must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No N If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsinre, see back page for permanent contract listing. Is this entire contract Confidential? *-Yes ❑ No N Ifonly specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: N/A Expiration Date: N/A If different ftom the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: Ifapplicable. 104940-4 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes N No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract ivill be returned to the department.