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HomeMy WebLinkAboutContract 43364 (2)CONSTRUCTION REIMBURSEMENT AGREH 1ENT CBI l CIAMU CITY OF FORT WORTH, TEXAS o BNSF RAILWAY TRACK INSTALLATION ALLIANCE AIRPORT RUNWAY EXTENSION PROJECT THIS AGREI=MENT is made and entered into by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("City"), by and through its duly authorized assistant city manager, as authorized by the City Council (MSC C-25510), and Oncor Electric Delivery Company, LLC with a mailing address of 1616 Woodall Rodgers Fwy, Dallas, Texas 75202-1234. WITH E SSETH: WHEREAS, Company owns and operates a DESCRIPTION OF FACILITY (the "Facility") located on City owned Alliance Airport property in Tarrant County, Texas (the "Property"), said Facility being a part of Company's electric delivery or Serving the Airport system; and WHEREAS, City is expanding its Alliance Airport and desires to install or cause to be installed new BNSF Railway tracks in Fort Worth, Texas (the "BNSF Tracks") and City has requested that Company relocate a portion of the Facility from its current location on the Property to a new location on the Property, as is more particularly described on Exhibit John Day WR 3081425 attached hereto and incorporated herein (the ` Relocation"), in order to accommodate the BNSF Tracks; and WHEREAS, Company has agreed to perform the Relocation in accordance with its Tariff and applicable laws subject to payment by City of actual costs and expenses as detailed herein as generally depicted on Exhibit "A pages 1 — 4" and WHEREAS, City has agreed to reimburse Company for the actual costs and expenses for the Relocation project, estimated at $392,154.00 as shown on Exhibit "A pages 1 — 4" attached hereto and made a part hereof; and WHEREAS, City has agreed that prior to commencement of Company's Relocation activities, City shall secure, or cause others to secure, suitable replacement property and access rights for Company replacement facilities at no cost to Company. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and Company as follows: RECITALS: The recitals, above, are incorporated into this Agreement insofar as they contain material elements germane to the Parties. REIMBURSEMENT BY CITY: A. City agrees to pay Company in advance of construction an amount $372,546.30 Reimbursement Agreement City of Fort Worth & 0 ete,,,r Alliance Runway Extension Utility Relocation Page 1 of 6 ► FEICIAA CITY SECfl MOX Ft WORTH, cLM (equal to 95%%) of the estimated cost for the Relocation, based on Exhibit A attached hereto. B. Within 90 days of completion of the Relocation project, Company shall prepare and submit to City, and City shall review, a final billing package for actual cost of the Relocation project. ) G. Should the verified actual cost be Tess than the payment made in advance of construction, Company shall refund the difference, with appropriate consideration for the 5% withheld, to City within thirty (30) days of the presentation of the final billing package showing actual costs with supporting documentation. Should the verified actual cost be greater than the estimated cost, City shall remit the difference, with appropriate consideration for the 5% withheld, to Company within thirty (30) days of the presentation of the final billing package showing actual costs with supporting documentation If the actual cost exceeds the estimated cost by more than Fifty Thousand Dollars ($50,000), City shall not be bound to the 30 day payment requirement but shall seek said approval within an additional 60 days timeframe. City reserves the right to review and verify any presented invoice or statement for accuracy. D. The obligation of the City to make a cost reimbursement payment under this Agreement does not constitute a general obligation or indebtedness of City for which the City is obligated to levy, pledge or collect any form of taxation. INGRESS AND EGRESS: City hereby grants to Company the right of ingress and egress across all lands owned, leased or controlled by City as may be reasonable and/or necessary for Company to perform the Relocation. EASEMENT RIGHTS: Prior to the commencement of the Relocation, City shall, at no cost to Company, provide Company with an easement acceptable to Company on that portion of the Property to which the Facility is to be relocated. To the extent Company has existing easement rights on that portion of the Property on which the Facility is currently located Company shall release such easement rights upon completion of the Relocation. AUDIT: City shall have the right, upon reasonable notice and during normal business hours, to audit and obtain copies of the books, records, and accounts of Company relating to the Relocation for up to two years after the date Company completes the Relocation. HOLD HARMLESS AND INDEMNIFICATION: City, its successor or assigns, shall hold Company harmless and free from any and all claims of damages which may occur, arising out of City's, its successors' and assigns' negligence in connection with the development of the Property or in particular with this project to install new BNSF Railway tracks. Company shall be liable for and shall promptly and fully compensate City for liabilities, claims and costs resulting either from the negligent activities of Company employees, agents and/or contractors in connection with the Relocation. Company agrees to indemnify and hold harmless the City, its officers, agents and employees, against and from any and all liability, loss and expense and shall defend all claims resulting from loss of life or damage or injury to persons or property directly or Reimbursement Agreement City of Fort Worth & Ac° tr C� Alliance Runway Extension Utility Relocation Page 2 of 6 indirectly resulting from the work performed by Company to the extent such loss, damage or injury, is caused by the negligence or willful misconduct of Company or its agents in connection with the Relocation. As a necessary condition for such indemnity to be enforceable against Company: (i) Company shall be notified in writing promptly of any and all claims, liability, Toss and expense for which City seeks indemnification from Company, and (ii) Company shall have sole control of the defense of any and all claims, liability, Toss and expense and all negotiations for their settlement or compromise. NO THIRD PARTY: This Agreement is solely for the benefit of the City and Company, and neither the City nor Company intends by any provision of this Agreement to create any rights in any third -party beneficiaries or to confer any benefit or enforceable rights, under this Agreement or otherwise, upon anyone other than the City and Company. VENUE AND JURISDICTION: This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. ENTIRETY OF AGREEMENT: This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof, and no alterations of the terms and conditions of this Agreement shall be valid unless in writing and signed by both of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. SIGNATURE-; PAGE TO FOLLOW Reimbursement Agreement City of Fort Worth & r,p Alliance Runway Extension Utility Relocation Page 3 of 6 IN WITNESS WHEREOF, this Agreement shall become effective as of the date it becomes fully executed by the parties. Oncor Electric Delivery, L.L.C. By: Date: 2-11/4bee\ John Carol Soward Director of Distribution Engineering M&C• C •- Z9-5 I12 Date: 5- 70. t2- Reimbursement Agreement City of Fort Worth & fj,i cot f5 Alliance Runway Extension Utility Relocation Page 4of6 CITY OF FORT WORTH awe By: Fernando Costa Assistant City Manager Date: 6/28A2 Recommended by: t,) Douglq's W. Wiersig Director, T/PW Depart Approved as to Form and Legality: efrtclfrstitir ,�QQ°©goo Douglas W. Black OA " Assistant City Attorneyr; � o 0 (?),*°0 Mary J Kayser City Secretary OFFICIAL RECORD CITY SECRETARY F7'. WORTH, TX STATE OF TEXAS )ss COUNTY OF ACKNOWLFDGMENTS S Before me, a Notary Public in and for said county and state, on this 2541A day of June, 2012 personally appeared John Carol Soward, to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as Director of Distribution Engineering. of Oncor Electric Delivery, L L C. and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed, and as the free and voluntary act and deed of such corporation for the uses and purposes set forth. 4 Witness my hand and official seal this the.21/45 day of ttinuf, , 2012. My Commission Expires: STATE OF TEXAS ) )ss COUNTY OF TARRANT ) _va i/No`lary Publi iidObq - CARtOLINE RICHARDSON MY COMMISSION EXPIRES April 4, 2014 11,2 . n e,: i., Before me, the undersigned authority, on this day personally appeared Fernando Costa, Assistant City Manager of the CITY OF FORT WORTH, a Texas home -rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that in his capacity as Assistant City Manager of the CITY OF FORT WORTH, he executed the same as the act of such corporation for the purposes and consideration therein expressed. Witness my hand and official seal this the day of , 2012 Notary Public My Commission Expires: Reimbursement Agreement City of Fort Worth & C,,._4 et, Alliance Runway Extension Utility Relocation Page 5 of 6 EXHIBITS TO FOLLOW: LIST John Day Road Work Request 3081425 sheets 1 — 4 Reimbursement Agreement City of Fort Worth & .� ��-> pi-- E.c) Alliance Runway Extension Utility Relocation Page 6 of 6 City of Fort Worth, Texas Mayor and Council Communication Pataigt COUNCIL ACTION: Approved on 3/20/2012 DATE: Tuesday, March 20, 2012 REFERENCE NO.: C-25510 LOG NAME 55AFW RWY EXT UTILITY RELOCATION_ONCOR (BNSF) SUBJECT: Authorize Execution of a Utility Adjustment Agreement with Oncor Electric Delivery Company, LLC, in the Amount of $392 154.00 for Construction Fees Associated with the Relocation of an Electric Fiber Optic Line as Part of the Runway Extension Project at Fort Worth Alliance Airport (COUNCIL DISTRICT 2) RECOMMENDATION. It is recommended that the City Council authorize execution of a Utility Adjustment Agreement with Oncor Electric Delivery Company, LLC in the amount of $392,154.00 for construction fees associated with the relocation of an electrical power line as part of the Runway Extension Project at Fort Worth Alliance Airport. DISCUSSION: This Construction Utility Relocation Reimbursement Agreement is required to pay for the relocation of certain Oncor Electric Delivery Company LLC (Oncor) electrical power lines to allow the realignment of the Burlington Northern Santa Fe Railroad (BNSF) Main Line as a part of the Runway Extension Project at Fort Worth Alliance Airport. In order to construct the new Runway Extension, it is necessary to relocate all private utility service conflicts located on the proposed BNSF Main Line. Oncor has electrical power lines that will need to be relocated to allow BNSF to construct their new Main Line Track and Collector Track. The utility facilities will be relocated by Oncor and it will be reimbursed for the agreed upon amount. A waiver of the DBE goal was requested by the Aviation Department and approved by the M/WBE Office. This work will be done by Oncor and not the City of Fort Worth (City). Federal Aviation Administration funds from Runway Extension Grant 3-48-0296-43-2011 will be used for this Project. Existing land credits that remain from the original land donation for Alliance Airport will be used for the City's five percent in -kind match. The amount of the FAA grant is $10,000,000.00 and the local match is $526,315.79 in land credits This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION. The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Airports Grant Fund. Logname: 55AFW RWY EXT UTILITY RELOCATION_ONCOR (BNSF) Page 1 of 2