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Pipeline Modification Service Agreement
This Pipeline Modification Service Agreement ("AgreemenY') is made and entered into by CHIEF OPERATING
LLC, ("Chief'), a Texas limited liability company, and the CITY OF FORT WORTH, TEXAS a home-rule municipal
corporation situated in Tarrant, Denton, and Wise Counties, Texas (the "City") , Chief and City may be hereinafter
referred to individually as "Party" or both referred to collectively as the "Parties". In consideration of the mutual covenants
set forth herein, the Parties agree as follows:
1. Pipeline Modification Services to be Provided -- Chief agrees to provide, and City agrees to pay, for the
modification of a pipeline whereby Chief will deepen and relocate an existing sixteen inch (16") PVC water line as more
particularly described on Exhibit "A". This work will allow TX DOT to construct the realignment of FM 156 in a matter that
will not affect the relocated pipeline. The City agrees that the payment for the pipeline relocation services provided for
within this Agreement shall be made immediately upon receipt of the invoice.
Total estimated cost: $33,000.00.
2. Term and Termination -- This Agreement becomes effective upon acceptance and signature and continues in
effect until the construction called for herein is completed. Termination of this Agreement does not relieve Chief or City of
any obligation accrued or accruing prior to termination.
3. No Other Obligations -- This Agreement does not obligate Chief to provide, or entitle City to receive, any
service not expressly provided for herein.
4. Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in
all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is
subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted
regulatory authorities having jurisdiction.
5. Amendment --This Agreement may be amended only upon mutual agreement of the Parties, which
amendment will not be effective until reduced to writing and executed by the Parties.
6. Entirety of Agreement and Prior Agreements Superseded -- This Agreement, including all attached Exhibits,
which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the
Parties with regard to the service(s) expressly provided for in this Agreement. The Parties are not bound by or liable for
any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written
or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior
agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, including
without limitation [specify any prior agreements being superseded], and all such agreements and undertakings are agreed
by the Parties to no longer be of any force or effect.
7. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or
sent by United States certified mail, return receipt requested, postage prepaid, to:
(a) If to Chief:
Chief Operating LLC
Attn: Cliff Thomson
8111 Preston Road, Suite 600
Dallas, TX 75225
(b) If to City:
City of Fort Worth
Transportation and Public Works
Attn: Robert Goode, Director
1000 Throckmorton St,
Fort Worth, TX 76102
The above-listed names, titles, and addresses of either Party may be changed by written notification to the other.
8. Invoicing and Payment — Invoices for any pipeline relocation services covered by this Agreement will be
mailed by Chief to the following address (or such other address directed in writing by City), unless City is capable of
receiving electronic invoicing from Chief, in which case Chief is entitled to transmit electronic invoices to City.
City of Fort Worth
Transportation and Public Works
Attn: Tom Leuschen
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1000 Throckmorton St,
Fort Worth, TX 76102
If payment is not received by the Chief by the due date shown on the invoice, a late fee will be calculated and added to
the unpaid balance until the entire invoice is paid. The late fee will be 5°,6 of the unpaid balance per invoice period.
9. No Waiver -- The failure of a Party to this Agreement to insist, on any occasion, upon strict pertormance of any
provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties.
10. Taxes -- All present or future federal, state, municipal, or other lawful taxes (other than federal income taxes)
applicable by reason of any service performed by Chief, or any compensation paid to Chief, hereunder must be paid by
City.
11. Headings -- The descriptive headings of the various articles and sections of this Agreement have been inserted
for convenience of reference only and are to be afforded no significance in the interpretation or construction of this
Agreement.
12. Multiple Counterparts -- This Agreement may be executed in two or more counterparts, each of which is
deemed an original but all constitute one and the same instrument.
The Cit�of Fort Worth agrees that uncontested payment shall be made within 30 days of the date the project is completed
or the date the invoice is received, whichever is later,
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed this �.�efay of t�l r
, 2007 by their respective duly authorized representatives.
CHIEF OPERATING LLC
CITY OF FORT WORTH
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Cliff Thomson �arc Ott � 1
Vice President Assistant City Manager
H:1Chief Operating\Misc1FM 156 Agmt with FW.001.doc
Recommended by:
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Robert Goo e, P.E.
Director Transportation and Public Works
Approved a�s-Co F,brm and Lega
Assistant
ATTEST:
y;
Marty Hendrix
City Secretary
M&C No.� .�.-�-! l �
Date Approved: G
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DATE: ' S�tt�:
FM l�b UTi t�fTY RELC3CATI01� �XH�BIT ±
1 /08/07 " ` ' � _ ' ' 1 of 1
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/12/2007
DATE: Tuesday, June 12, 2007
LOG NAME: 30ALLIANCE RELO REFERENCE NO.: **C-22172
SUBJECT:
Authorize the Execution of Utility Relocation Reimbursement Agreements with Chief Operating,
LLC, as Required for the Relocation of FM 156 as Part of the Runway Extension Program at Fort
Worth Alliance Airport (DOE 4867)
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RECOMMENDATION:
It is recommended that the City Council authorize the execution of the following utility relocation
reimbursement agreements with Chief Operating, LLC, as required for the relocation of FM 156 as part of
the runway extension project at Fort Worth Alliance Airport:
1. A utility relocation reimbursement agreement in the amount of $35,352 for the relocation of an existing
six-inch gas pipeline; and
2. A utility relocation reimbursement agreement in the amount of $33,000 for the relocation of an existing
sixteen-inch PVC water line.
DISCUSSION:
These utility relocation reimbursement agreements are required in connection with the realignment of
approximately 4.53 miles of FM 156 from downtown Haslet north to the existing FM 156 south of the SH
114 interchange made necessary by the runway extension at Fort Worth Alliance Airport. In order to
construct the realigned segment of FM 156, it is necessary to relocate all private utility infrastructure
conflicts on the proposed FM 156 and existing FM 156 alignments.
The project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Airport Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
G R 14 539120 055218086800 $68, 352.00
Submitted for Ci� Manager's Office bv:
Originating Department Head:
Marc A. Ott (8476)
A. Douglas Rademaker (6157)
Additional Information Contact: Mark Thigpen (8366)
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