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Home My WebLink AboutConstruction of a 42- inch Pipeline Crossing Augusta Richmond GA DOCUMENT NAME: Co""S..-,zlJCT/O..j eA\~ ti:;l. ~ 1,vC./-t ~>'p'6"!.-i:.vG C-f!D$S' "'J DOCUMENT TYPE: YEAR: ;2DDo BOX NUMBER: ) <6 FILE NUMBER: / ~ [P5 7' NUMBER OF PAGES: 1 ..~ ^ ep ISouthern . Natural Gas an EI Paso company , . , By Fax: 706-312-4123 January 10,2003 Mr. Drew Goins Assistant Director, Water Production Augusta Utilities 360 Bay Street, Suite 180 Augusta, Georgia 3090 I SUBJECT: CITY OF AUGUSTA'S PROPOSED CONSTRUCTION OF A 42-INCH PIPELINE CROSSING OF SOUTHERN NATURAL GAS COMPANY'S FOUR SOUTH MAIN PIPELINES ON THE WEST BANK OF THE SAVANNAH RIVER IN RICHMOND COUNTY, GEORGIA Dear Mr. Goins: Reference is made to a letter and drawings from Ms. Robin A. McMillon of Stevenson & Palmer Engineering Inc., dated November 7, 2002, outlining the City of Augusta's plans for the construction of a 42-inch a.D. water line and associated 60-inch casing (Augusta's Pipeline) crossing Southern Natural Gas Company's (Southern) four South Main Lines on the west bank of the Savannah River in Richmond County, Georgia (Southern's Pipelines). This letter agreement shall set forth the terms and conditions under which the City of Augusta may install its water line across Southern's Pipelines. In consideration of the premises and the mutual covenants hereinafter set out, Southern and the City of Augusta (Augusta) agree as follows: 1. Augusta will notifY Southern's Authorized Representative at the address given below at least seven (7) days prior to the construction of Augusta's Pipeline across Southern's Pipelines. Mr. M. G. Prestage, Area Manager Southern Natural Gas Company 202 Bourne Avenue, Suite 150 Savannah, Georgia 31408 912-748-2945, extension 2022 Southern Natural Gas 1900 Rfth Avenue North Birmingham, Alabama 35203 PO Box 2563 Birmingham. Alabama 35202.2563 teI205.325.741O fax 205.325.7490 r, , , , ~~ Mr. Drew Goins Augusta Utilities January la, 2003 Page 2 of4 2. Augusta will install its Pipeline across Southern's Pipelines as shown on the drawing prepared by Stevenson & Palmer Engineering Inc., sheet 5 of 28, dated November 04, 2002, and in accordance with Exhibit "A" titled Detailed Work Plan for Crossing Southern Natural Gas Company Pipelines. Both the drawing and Exhibit "A" are attached hereto and made a part hereof. 3. In the event Southern's Pipelines are damaged or its operation otherwise disrupted as the result of the construction, installation, operation, maintenance, repair or removal of Augusta's Pipeline, Augusta agrees to reimburse Southern for (a) any and all expenses incurred by Southern to repair and return the pipeline to its original condition existing immediately preceding such damage or disruption, as determined by Southern, (b) the value of any gas lost from Southern's Pipelines, (c) the cost of cleaning up and disposing of any product spilled from Southern's Pipelines, (d) the payment of all claims, fines or penalties paid to individuals, governmental agencies, or any other entity, and (e) the cost of hydrostatic tests for Southern's Pipelines, if Southern believes its integrity is in doubt. Augusta's liability under b) and c) shall be limited to that period of time and associated amount of product from the time the loss commences to a reasonable (in Southern's opinion) time after which Southern is notified of said loss and has had a reasonable amount of time to shut in its pipeline. 4. Augusta agrees to install Augusta's Pipeline in a manner that will protect Southern's Pipelines and any of Southern's facilities at the point of crossing. At all times during the installation procedures, Augusta agrees to be responsible for correcting changes. to the integrity of Southern's facilities in the vicinity caused by Augusta's activities. Nothing contained herein shall be construed to obligate Southern to assume any additional responsibility for the protection, operation and maintenance of Southern's Pipelines. Augusta agrees that the crossings shall be performed in accordance with the laws, orders, rules and regulations of all governmental bodies having jurisdiction. 5. Augusta agrees to protect, hold harmless and fully indemnity Southern, its directors, officers, agents, representatives, contractors, subcontractors and employees, against any and all claims, losses, costs, expenses (including reasonable attorney's fees), liabilities or liens for or based on environmental, property damage, personal injury, death, or failure to make payments as they come due, or failure to comply with applicable government regulations or permits, whether with respect to the parties hereto or third parties, arising out of or in connection with the construction, installation, operation, maintenance, repair or removal of Augusta's Pipeline. #-, Mr. Drew Goins Augusta Utilities January 10, 2003 Page 3 of 4 6. All damages to Southern's Pipelines, including damage to the protective coating, due to the crossing by Augusta's Pipeline will be repaired to the satisfaction of Southern's Inspector (such judgment to be exercised in good faith) at Augusta's sole risk, cost and expense. 7. All work performed in connection with Augusta's Pipeline crossing Southern's Pipelines and Rights-of-Way shall be closely coordinated with Southern's Inspector and said Inspector shall have the right to inspect Augusta's operations at any time. Southern shall have the right to have an inspector present at all times during the installation associated with the crossing. Augusta will reimburse Southern for all costs associated with the inspection by Southern of this crossing. Payment by Augusta for inspection services will be made within 30 days of receipt of a final invoice for services rendered. 8. After completion of the construction of Augusta's Pipeline, Augusta agrees to notify Southern of any excavation in conjunction with the construction, maintenance, repair or removal operations occurring in and around Southern's Rights-of-Way. 9. In the event Augusta shall fail to construct Augusta's Pipeline within a period of twelve (12) months from the date hereof, this Agreement shall terminate. If, after the initial construction, Augusta abandons Augusta's Pipeline and the appurtenant facilities, Augusta agrees to notify Southern within seven (7) days of such abandonment at the address given in paragraph one (I) above. Augusta agrees that it will abandon Augusta's Pipeline in accordance with all Federal and State regulations and in a manner protecting the integrity of Southern's Pipeline. 10. The terms and provisions hereof shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 11. The provisions of this Agreement apply to Augusta as well as to Augusta's contractors, subcontractors, agents, representatives, employees, or whomsoever Augusta may instruct or hire to perform the activities contemplated herein, and Augusta shall assume responsibility for all such persons performing work in accordance with the terms of this Agreement. If the foregoing correctly sets forth the agreement between Augusta and Southern, please have both originals of this agreement executed by the appropriate official and return both ~ ~ -L " ~ # Mr. Drew Goins Augusta Utilities January 10,2003 Page 4 of 4 originals to me for further handling. Upon execution of this agreement by Southern, which shall thereupon constitute a binding agreement, Southern will return one fully executed original to Augusta for its records. Yours very truly, SOUTHERN NATURAL GAS COMPANY BY: ~ iJ .~D-tbv Lee D. Walker Agent and Attorney-in-fact LDW:th cc: Mike Prestage ACCEPTED AND AGREED TO THI;tJfDA Y OF f/!/J1U) ,2003. BY: TITLE: