HomeMy WebLinkAboutContract 45429 t CONTRACT M016
MIDSTREAM
G A S S E R V I C E S
March 7th,2014
Debbie J.Willhelm, P.E.
C'ity of Fort,Worth-Transportation and' Public Works
Stormwater Management Division
1000 Throckmorton St.
Fort Worth,TX 76102
R
E. Proposed City of Fort Worth 36" storm Drain Pipeline Crossing in Three Locations Above TAGS
Kirnbo 1H PL(AKA Kimbo Pad Lateral)
Dear Debbie Willhelml
This letter is i,n response to your requiesit, for permission for City of Fort Worth ("Fort Worth,") to
construct the proposed 36" storm drain pipeline crossing in three locations over an existing pipeline
owned by 'Texas Midstream Gas Services, L,.L.C. ("TIVIGS"') 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
w ith the following requirements:
I. A minimium of 48 hours(e cliu in weekend's and hollidiays) prior to commencing construction or
operations of the proposed 36" storm drain, pipeline, Fort Worth shall notify and/or be
responsible for their con�tractors, agents and subcontractoirs, notifying the Texas One-Call System
(dial 811 or 800-245-45,45) of the construction so that a TMGS, representative(s) or other
designated person(s)can be present during the construction or operations,
2. TIVIGS 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
TIVIGS' representative.
51. The proposed 36" storm drain pipeline,MI cross TMGS' existing pipeline or facility righ,t-of-way
on property owned by Justin Brands Inc. in the J. C. McComm!as, 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 frorn 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 18,3515 Oklahoma City,OK 73154-0355 OFFICIAL RECORD
Toll Free 855-245-2300 encroachment@ accessmidstrea m, coM, CIT'Y'SECRETARY
H,TX
AIR
6. Should it become necessary for TMGS,to perform future maintenance, repairs., or replacement
of its existing plipe,line or facility within said TMGS easement that may result in de age 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.
T. To the extent permitted by law, Fort Worth does, hereby agree to release, protect, defend,
indemnify and hold harmless TM GS,, 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 l�oss, of property or *injury to
or death of any legal entity,, person or persons (including the property of the landowner('s)
identified in Paragraph 51, above,, and the property or employees of Fort Worth and' TMILS) that
m ay 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 TMiGS.
Noth in 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 indlicate 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
wftv�wa
Texas Midstream Gas,Services, L.,L.C.
c/o Access Encroachment Department OFFICIAL R'ECORID
Attentiom Holly Gibson CITY SECRETARY
P.,O. Box 18355
Oklahoma City, OK 73,154-03551 WORTHo TX
Should you have any questions regarding operation procedures, please call me at 405-935-2713.
Sincerely,,
John Hatton
General Manager—Barnett
ACCEPTED ANDI AG HIS day of
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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,OK 73154-0355
Should you have any questions regarding operation procedures, please call me at 405-935-2713.
S cerely,
oh Hatton
e eral Manager—Barnett ff//�
ACCEPTED AND AGREED TO BY;!IC.,fgJy OF FORT WORTH ON THIS /Aday of Aolfrx
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-�/ ame:Fernando Costa
111 c \ ce
itle:Assistant City Manager
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