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Home My WebLink AboutContract 48963-A1 CITY SECRETARY CONTRACT N0. — FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO 48963 REIMBURSEMENT AGREEMENT This Amendment is made between the City of Fort Worth ("OWNER"), a municipal corporation, acting herein by and through Jesus J. Chapa, its duly authorized Assistant City Manager and Energy Transfer Fuel, LP ("ETF"), a Delaware limited partnership acting herein through Energy Transfer Fuel GP,LLC, its general partner. WHEREAS, on March 1, 2017, OWNER and ETF entered into a Reimbursement Agreement relative to the relocation of an existing 36-inch natural gas pipeline known as City Secretary Contract No. 48963 ("Agreement"); WHEREAS, on August 1, 2017, the OWNER'S City Council authorized, via M&C C- 28315,the reimbursement of relocation expenses in an amount not to exceed $2,595,000.00; and WHEREAS, it is the collective desire of both OWNER and ETF to amend the Agreement to include the payment of relocation expenses in an amount not to exceed $2,595,000.00 and provide for the pre-payment of material costs to ETF; NOW THEREFORE, KNOWN ALL BY THESE PRESENT: This Reimbursement Agreement is hereby amended to be effective on August 1, 2017 by: 1. Amending Section 4 to read as follows: When OWNER is ready for ETF to relocate, its Facilities, OWNER shall implement PHASE II of this Reimbursement Agreement by prepaying to ETF upon OWNER's receipt of an invoice from ETF, the amount of the materials cost only based on the Phase II Low Bid determined pursuant to PHASE I hereof. All work under Phase II shall be performed during the Fall period of September 1 through November 30 and must be complete within a total of one hundred twenty (120) days of receiving notice to proceed form OWNER. It is understood that ETF's actual relocation expenses shall not exceed the estimate obtained through PHASE I of this Reimbursement Agreement; however, OWNER and ETF may agree to amend this Reimbursement Agreement if the actual costs of OWNER exceed $2,595,000, but such amendment may not exceed the estimate more than five percent (10%) and be subject to final approval by the Fort Worth City Council. It is agreed between the Parties that the reimbursement herein provided shall not exceed the actual costs of materials, labor, contractor charges, supplemental survey and engineering costs, overhead, gas loss, damage payments, or any other cost incurred by ETF in accomplishing the relocation work contemplated by PHASE II of this Reimbursement Agreement. A detail of all costs for PHASE I and PHASE II shall be provided by ETF within 180 days after the completion of the work contemplated by PHASE II of this Reimbursement Agreement. ETF will submit an affidavit of bills paid h its invoice(s) for Phase H. Upon confirmation by OWNER of work completed and ry 9 oPQ1 of 2 OFFICIAL RECORD Execution Copy 8/28/17 5 0��Q� CITY SECRETARY °�� c�ys FT. WORTH, TX OWNER's receipt of affidavit of bills paid and invoice for work completed, OWNER shall have ten (10)business days to process and make payment to ETF. All other terms, provisions, conditions, covenants and recitals of said Agreement not expressly amended herein shall remain in full force and effect. APPROVED FOR APPROVED FOR CITY OF FORT WORTH: Energy Transfer Fuel,LP: By: Energy Transfer Fuel GP,LLC, its general partner a Delaware limited liability company, its � general art By: y: (- Jesus J.Chapa obert ose Assistant City M ager Vi resident, Land and Right of Date: —1 A 17 Date: CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and ad-inistration of this contract,including e orm and reporting requirements. am f Em loyee Titley APPROVE TO FORM AND LEG Y: By: Jessica Sang '.ang Assistant Cit Attorney II FORT FORM 1295: 2017-222311 ATT ES U �_ { By:.-/ Mary J. Kayse TEXAS --- City Secretary OFFICIAL RECORD Contract Authorization: C-28315 CITY SECRETARY Date: 8/1/17 FT.WORTH,TX 2 of 2 Execution Copy 8/28/17 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 it there are no interested paries. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-222311 Energy Transfer Fuel,LP Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/12/2017 being filed. City of Fort Worth Date Ackn ledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,an provide a description of the services,goods,or other property to be provided under the contract. 17-CCA-ETF-0912 The City of Fort Worth has asked ETF to relocate its existing 36-inch high pressure natural gas pipeline to accommodate the Cities Blue Mound Road Improvements. 4 Nature of interest Name of Interested Parry City,State,Country(place of business) (check applicable) Controlling I Intermediary Stevenson,John Houston,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. DONNA WALTERS qr�.•' ........ Notary Public.State of Texas • �:'y Comm.Expires 03-04-2020 6iNolary 10 2342771 Signature of authoriz agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE /L Sworq IQand subscribed before me,by the sailga)Ylh � ,this the day of 20 ,to certify which,witness my hand and seal of office. fthk V i t 1 DMM 1AW4 Ar�-Vf Signature of officer administering oa Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 h4&C 1Z e''ievw Official CITY COUNCIL AGENDA I FO R1 V0RIk COUNCIL ACTION: Approved on 8/1/2017 REFERENCE LOG 20ENERGY TRANSFER FUEL LP/ BLUE DATE: 8/1/2017 NO.: C-28315 NAME: MOUND ROAD & WILLOW SPRINGS RD CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize the Execution of a Reimbursement Agreement with Energy Transfer Fuel, LP for the Relocation of a Natural Gas Pipeline in an Amount Not-to-Exceed $2,595,000.00 for the Blue Mound Road - US 287 to Willow Springs Road Improvement Project (2014 BOND PROGRAM) (COUNCIL DISTRICT 7) RECOMMENDATION: Authorize the execution of a Reimbursement Agreement with Energy Transfer Fuel, LP for the relocation of a natural gas pipeline in an amount not-to-exceed $2,595,000.00 for the Blue Mound Road — US 287 to Willow Springs Road Improvement Project (Project No. CO2161). DISCUSSION: Energy Transfer Fuel, LP (ETF) is the owner and operator of a 36-inch diameter natural gas pipeline that currently occupies a portion of the Blue Mound Road and Willow Springs Road right-of-way. In order to construct the planned arterial improvements to Blue Mound Road and Willow Springs Road, 1,170 linear feet of the natural gas pipeline must be relocated from the intersection of Blue Mound Road and Willow Springs Road to US 287. On March 1, 2016, the City entered into an Agreement with ETF to evaluate the costs to relocate the natural gas pipeline for this project. The Agreement allowed for reimbursement of certain expenses to ETF such as preliminary surveying, preliminary engineering and cost estimating in an amount not to exceed $60,000.00. The Agreement also stipulated that the payment of funds necessary to physically relocate the pipeline would be subject to final approval by City Council. The estimated cost for the relocation of the natural gas pipeline is $2,595,000.00. ETF will be responsible for managing and delivering the design and construction associated with its natural gas pipeline relocation. ETF anticipates having the natural gas pipeline relocated by December 2017 in advance of road construction activity. This project is located in Council District 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance Certifies that funding is available as appropriated in the capital budget of the Street Improvements Supplemental Fund (39406) and the Tax Note 2017 Fund (34017) of the Blue Mound Road — US 287 to Willow Springs Road Project. TO Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I I Year (Chartfield 2) http://apps.cfwnet.org/council_packet/mc review.asp?ID=24885&councildate=8/1/2017[9/14/2017 10:32:56 AM] M&C Review FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year I (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Roger Venables (6334) Mitch Aiton (6591) ATTACHMENTS 1295 Form ETF Blue Mound.pddf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24885&councildate=8/l/2017[9/14/2017 10:32:56 AM]