HomeMy WebLinkAboutContract 25837 CITY SECRETARY p2
CONTRACT ►gyp•
REIMBURSEMENT AGREEMENT
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This Reimbursement Agreement(the"Agreement")is made on the*A day of-N4sreh,, 2000,
by and between the City of Fort Worth,a Texas municipality("CITY" ),having its mailing address at
1000 Throckmorton Street,Fort Worth,Texas 76102,and CITGO PRODUCTS PIPELINE COMPANY,
a Delaware corporation, ("CITGO")with its principal office located at 6100 South Yale,Tulsa,
Oklahoma 74136.
WHEREAS, CITGO is the present holder of certain Rights-Of-Way(the"Rights-Of-Way"),
originally granted in favor of Sinclair Refining Company,a Maine corporation, ("Sinclair")by virtue of
the following instruments:
1. Right-Of-Way dated November 10, 1947, executed and delivered by Gene Conway and wife,
Willie Conway,as Grantors,to Sinclair Refining Company,a Maine corporation, as
Grantee, recorded in Volume 1966,Page 511,Deed Records of Tarrant County,Texas.
2. Right-Of-Way dated November 4, 1947,executed and delivered by George Degenhart and
Jessie Pauline Degenhart,his wife,as Grantors,to Sinclair Refining Company,a Maine
corporation,as Grantee,recorded in Volume 1966,Page 513,Deed Records of Tarrant
County,Texas.
3. Assignment and Assumption Agreement between ARCO Pipe Line Company,a Delaware
corporation, and CITGO Products Pipeline Company,a Delaware corporation,dated
September 30, 1994,Instrument No.D194219480, Volume 11747,Page 0001,Deed Records
of Tarrant County,Texas.
WHEREAS, at CITY's request, CITGO has agreed to relocate approximately 500 feet of its
Arlington to DFW 8", approximately 900 feet of its Arlington to Irving 8",approximately 500 feet of its
Arlington to Dallas 3",and approximately 500 feet of its Arlington to Fort Worth 3" (the"Lines")to
accommodate the CITY's construction at FM 157 and Trinity Blvd in the City of Fort Worth,Tarrant
County,Texas (the"Project") ;and
WHEREAS,CITY has agreed to reimburse CITGO for 24%of all costs incurred and associated
with the Project(the"Costs"as defined herein)in accordance with the terms hereof.
IN CONSIDERATION of the matters described above and of the mutual benefits and obligations
set forth in the Agreement, CITY and CITGO hereby agree as follows:
1. All of CITGO's work incidental to the Project shall be performed by CITGO with its own
forces and personnel and/or contractors paid under a contract let by CITGO in accordance
with all applicable laws,regulations and ordinances.
2. An estimate of the Costs of permitting,acquiring easements,engineering,surveying,
inspecting,and relocating the Lines associated with the Project are set forth on Exhibit"A",
attached hereto and incorporated herein by reference.
3. By executing this Agreement, CITY is agreeing to pay CITGO's actual Costs to accomplish
the Project,whether said Costs are more or less than the estimated costs of S 129,443.61. It
is understood that the Texas Department Of Transportation will reimburse the City 50%of
the CI TY's 24%of the final actual Costs. It is also understood and agreed that CITGO,at its
sole discretion,will determine the actual footage of Lines that have to be relocated to
accommodate the Project. The amount could be more or less than the estimated amount of
Lines to be relocated
4. CITY shall be liable for all reasonable Costs incurred by CITGO and agrees to reimburse
CITGO for any and all reasonable Costs incurred as follows:
(a) "Costs"as used and defined in this Agreement will mean the total actual cost,direct
and indirect,incurred by CITGO for labor, including normal and regularly
scheduled overtime(including casual overtime)required by CITGO to complete
the Project,and/or
(b) Materials used in connection with the Project,the cost of small tools and/or
equipment actually consumed in the relocation of the Lines and the rental or
amortization of the cost of major equipment used,the costs of permits and
inspections,engineering services, survey and field work,and to the extent that
CITGO shall subcontract any portion of the Project,the amount of such
subcontracts.
(c) Costs shall not include(1) the unamortized investment in removed or abandoned
pipelines or appurtenances unless related to a net reduction in the pipeline system
and equipment of CITGO and CITY does not pay for the cost of replacing the line
capacity provided by such abandoned or removed pipelines and(2) the cost of any
work that enhances,or provides an improvement in or an increase in capacity or
service for CITGO.
5. CITY will submit to CITGO a Resolution from the City Counsel that states that the CITY
will pay to CITGO 24%of the final actual COSTS. Upon the conclusion of the Project,
CITGO shall provide to CITY an invoice with supporting documentation of the Costs which
CITGO incurred in the Project.
6. CITY shall pay the actual Costs invoiced within thirty(30)days from the date of the
invoice via wire transfer(as directed by CITGO)of immediately available federal funds.
CITGO may charge CITY a finance charge in the amount of one and one-quarter percent
1.25%)per month on any unpaid balance and any accrued but unpaid finance charges.
7. CITY hereby releases and forever releases CITGO, its affiliates and their respective
directors,officers,employees,and agents for any damages or losses(including lost profits
and business interruption)suffered by CITY from the lack of or failure of any permits or
easements,from the design,construction,and inspection associated with the Project,except
for willful acts and acts of negligence of CITGO.
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Texas.
G?iil
This Agreement incorporates all understandings and arrangements between the CITY and
CITGO concerning the subject matter of this Agreement.
TH TY O ORT ORTH
-C-
APPROVED
APPROVED AS TO FORM By
AND LEGALITY
Name:Mike Groomer
Title: Assistant City Manager
Assistant Ci Attorney
CITGO R ,DUCTS PI LINE COMPANY
ATTESTED BY By' '
Name: Aaadd
W r
1 Title: er OT TaAr 04f
-d0
Contract Authorization
Do
Date
NEPD
EXULUE ';9
CITGO PRODUCTS PIPELINE COMPANY PROJECT ESTIMATION
PROJECT TRINITY&HWY 167 ROAD BORES
Preliminary line locate/probe
Preliminary survey/engineering/R.O.W. $ 10,000.00
Preliminary digup for survey/asbestos test $ 800.00
Total Prellminarp>x s 10,800.00
Primary Contractor
Labor Per.Hour Hours Per.O.T. O.T.Hours
Superintendent $ 37.00 89 S 3,293.00 $ 55.50
Foremen $ 32.00 180 $ 5,760.00 $ 48.00 30
Operator $ 25.00 380 $ 9,500.00 $ 37.50 60
Laborer $ 18.00 750 $ 13,500.00 $ 27.00 150
Welder $ 26.00 130 S 3,3360.00 $ 39.00 10
Weld.Helper $ 19.00 130 $ 2,470.00 $ 28.50 10
total reg labor»> $ 37,903.00 total o.t.taboo»
TOTAL LABOR»»»»»» $ 46,318.00
Equipment
Per.Hour Hours
Trackhoe $ 75.00 360 $ 27,000.00
Rbr.Tire Backhoe $ 30.00 190 $ 5,700.00
Side boom $ 65.00 20 $ 1,300.00
Dozer $ 75.00 10 $ 750.00
Loader $ 55.00 $ -
Winch Truck $ 25.00 $
Dump Truck $ 42.00 $ -
Haul Truck W/Float $ 52.00 20 $ 1,040.00
Motor Grader $ 85.00 $
Pickup W/Tools $ 11.00 590 $ 6,490.00
Trench boxes r d $ 275.00 10 $ 2,750.00
Air Compressor $ 40.00 50 $ 2,000.00
Crane $ 75.00 $ -
Compactor $ 40.00 80 $ 3,200.00
Welding Rig Is 23.00 90 $ 2,070.00
Misc.Wtr.Pmp./Genrtr./Etc... $ 2,500.00
TOTAL EQUIPMENT»»»»»» $ 54,800.00
PER FT. FOOTAGE
Road/River Bores-CONY $ 60.00 S
Road/River Bores-DIRECT $ 100.00 1,700 $ 170,000.00
Rydrotest $ 6,000.00
Testing Pig Run $ 1,600.00
Pressure Test Stopples
Asebestos Removal/Disipmosal S 12,000.00
Concrete and Asphaft Work
TOTAL MISC CHARGES»»»»» $ 188,600.00
Primary Materials
Pipe 800-3"S 800-8"heavy $ 10.00 2468 S 24,680.00
Casio Wall P' $
Pipe Bends 5 800 $ 4,000.00
Flanges/Filings $
Vent Pipe
Pipe Coating/Rock Shield $ 3,600.00
Sand/Select FBI/SOD $ 3,000.00
TOTAL MATERIALS»>»»»> $ 35,180.00
Other Contract Services
X-Ray SeMces $ 3,710.00
Vacum Trucks/Frac Tnks $ 4,600.00
Stopple Services $
Stopple Materials !
Nitrogen Services $ 9,000.00
Compaction Testing $ 1,200.00
TOTAL OTHER CONTRACT SERVICES»»»»> $ 18,410.00
CITGO Company Labor $ 30.00 260 $ 7,800.00 $ 7,800.00
R.O.W.Damages/Settlements S 4,000.00 $ 4,000.00
Total Cost of Project less contingency&Overhead»>»» $ 366,908.00
10°/.Contingency>»»»»>»»>»»»»> $ 36,690.80
TOTAL COST OF PROJECT LESS CORPORATE 0/ $ 402,498.80
CITGO Corporate Overhead % 34%>»»»»»»»»»»> $ 138,849.68
GRAND TOTAL »»»> $ 539,348.39
CITGO CITY I ICOUNTY
37.70% 24.00%1 1 38.30%
$ 203,334. $129 443.61 1 1$ 206 570.43 1 - -
LUD:
A Resolution
Adopted Resolution No. _a�
RESOLUTION AUTHORIZING PAYMENT TO CITGO PRODUCTS PIPELINE
COMPANY TO RELOCATE APPROXIMATELY 1,400 FEET OF 8-INCH AND 1,000
FEET OF 3-INCH PETROLEUM/GAS PIPELINES FOR CONSTRUCTION OF TRINITY
BOULEVARD FROM WEST OF ARLINGTON-BEDFORD ROAD TO FM157
WHEREAS, on October 25, 1994 (M&C G-10853), the City Council approved Texas
Department of Transportation (TxDOT) Minute order No. 104369 dated September 29,
1994, for the construction of Trinity Boulevard from west of Arlington-Bedford Road to
FM157; and the minute order establishing the cost sharing for utility adjustments to be
50% City and 50% TxDOT; and
WHEREAS, TxDOT and CITGO Products Pipeline Company have determined that
approximately 1,400 feet of 8-inch and 1,000 feet of 3-inch petroleum/gas pipelines
belonging to CITGO Products Pipeline Company must be relocated for construction of
Trinity Boulevard from west of Arlington-Bedford Road to FM 157 at an estimated cost of
$539,348.39; and
WHEREAS, CITGO Products Pipeline Company has estimated the cost of relocating
the petroleum/gas pipelines and the actual cost may be more or less than estimated;
and
WHEREAS, CITGO Products Pipeline Company's work shall be performed by its own
forces and personnel and/or contractors, paid under a contract let by CITGO Products
Pipeline Company in accordance with all applicable laws, regulations and ordinances;
and
WHEREAS, "costs" as used and defined herein will mean the total actual cost, direct
and indirect, incurred by CITGO Products Pipeline Company for labor, including normal
and regularly scheduled overtime required by CITGO Products Pipeline Company to
complete the pipeline relocation; and
WHEREAS, materials used in connection with the project, the cost of small tools and/or
equipment actually consumed in the relocation of the pipelines, and the rental or cost of
major equipment used, the costs of permits and inspections, engineering services,
survey and field work, and to the extent that CITGO Products Pipeline Company shall
subcontract any portion of the project, the amount of such subcontracts; and
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a
CITY OF FORT WORTH
WHEREAS, cost shall not include the unamortized investment in removed or
abandoned pipelines or appurtenances unless related to a new reduction in the
pipelines system and equipment of CITGO Products Pipeline Company, and City of Fort
Worth does not pay for the cost of replacing the line capacity provided by such
abandoned or removed pipelines and the cost of any work that enhances, or provides
an improvement in or an increase in capacity or service for CITGO Products Pipeline
Company;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, that the City will pay CITGO Products Pipeline Company 24% of the
final actual costs, whether said costs are more or less than the estimated costs of
129,443.61 (with the Texas Department of Transportation 'reimbursing the City for 50%
of the final actual costs), to relocate approximately 1,400 feet of 8-inch and 1,000 feet of
3-inch petroleum/gas pipelines for the construction of Trinity Boulevard from west of
Arlington-Bedford Road to FM157.
ADOPTED this day of , 2000.
l
Mayor
APPROVED
CITY COUNCIL
APR 4 2000
City Secretary �I
CitySecratary of the
city of Fort Worth Texas
APPROVED AS TO FORM AND LEGALITY:
Assistant Ci y Attorney
l '
CITY OF FORT WORTH
May 10, 2000
TO: Maribel Luttrell, Customer Service Representative
City Secretary Office
FROM: Dan Walsh, Engineering Manager
Transportation & Public Works Department
SUBJECT: Reimbursement Agreement with CITGO Products Pipeline Company for
the Relocation of Petroleum/Gas Pipelines for Construction of Trinity
Bo!levard from West of Arlington-Bedford Road to FM 157
Attached are three (3) executed agreements with CITGO Products Pipeline Company
for the relocation of petroleum/gas pipelines for construction of Trinity Boulevard from
west of Arlington-Bedford Road to FM 157. Please assign a City Secretary Contract
number for the agreements. Please call me at X8702 when the agreements are ready
for pickup. Thank you.
City of Fort Worth, Texas
en- 4velvor And cou""R Communication
DATE REFERENCE NUMBER LOG NAME PAGE
4/4/00 **C-17967 1 20CITG0 1 of 2
SUBJECT APPROPRIATION ORDINANCE, RESOLUTION AND COST SHARING AGREEMENT
WITH CITGO PRODUCTS PIPELINE COMPANY FOR THE RELOCATION OF
PETROLEUM/GAS PIPELINES FOR CONSTRUCTION OF TRINITY BOULEVARD
FROM WEST OF ARLINGTON-BEDFORD ROAD TO FM157
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the attached cost sharing agreement with CITGO Products Pipeline Company to relocate
approximately 1,400 feet of 8-inch and 1,000 feet of 3-inch petroleum/gas pipelines for the
construction of Trinity Boulevard from west of Arlington-Bedford Road to FM157 at more or less
than the estimated costs of $129,443.61, with the Texas Department of Transportation (TxDOT)
reimbursing the City for 50% of the final actual costs; and
2. Approve the attached resolution authorizing payment to CITGO for 24% of the final actual costs;
and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by t
$64,721.81 in the Street Improvements Fund for TxDOT's portion of the construction costs.
i DISCUSSION: N;
On October 25, 1994 (MSEC G-10853), the City Council approved TxDOT Minute Order No. 104369
dated September 29, 1994, for the construction of Trinity Boulevard from west of Arlington-Bedford
Road to FM157. The minute order establishes the cost sharing for utility adjustments to be 50% City
and 50% TxDOT.
Due to the construction of Trinity Boulevard from west of Arlington-Bedford Road to FM157 and the
widening of FM157 from Green Oaks Boulevard to SH10, CITGO needs to relocate approximately
1,400 feet of 8-inch and 1,000 feet of 3-inch petroleum/gas pipelines that cross the intersection of
Trinity Boulevard and FM157 at a diagonal (see attached map). A proposed new storm drain at the
intersection would directly conflict with the CITGO pipelines. The existing pipelines are approximately 3
to 4 feet deep. In order to avoid any conflicts, the pipelines will be lowered to a depth exceeding 16
feet.
The cost for relocating the CITGO pipelines is $539,348.39. The breakdown of cost participation is as
follows:
CITGO (37.7%) $203,334.35
Tarrant County (38.3%) $206,570.43
City of Fort Worth/TxDOT 24.0% $129,443.61 (50/50 CityfTxDOT)
TOTAL 100% $539,348.39
City of Fort Worth, Texas
qV61yor and Council Communication
DATE REFERENCE NUMBERLOG NAME PAGE
4/4/00 **C-17967 20CITG0 2 of 2
SUBJECT APPROPRIATION ORDINANCE, RESOLUTION AND COST SHARING AGREEMENT
WITH CITGO PRODUCTS PIPELINE COMPANY FOR THE RELOCATION OF
PETROLEUM/GAS PIPELINES FOR CONSTRUCTION OF TRINITY BOULEVARD
FROM WEST OF ARLINGTON-BEDFORD ROAD TO FM157
The City of Fort Worth would be reimbursed approximately $64,721.81 by TxDOT, or 50% of the actual
costs.
TxDOT anticipates a letting of construction for Trinity Boulevard from west of Arlington-Bedford Road to
FM157 in July, 2000. The relocation of the CITGO petroleum/gas pipelines needs to be completed
before construction begins on Trinity Boulevard.
The project is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated,
of the Street Improvements Fund. The Transportation and Public Works Department will be
responsible for collection of reimbursement from TxDOT.
MG:j
i
P
Submitted for City Manager's FUND FACCOUNT1 CENTER I AMOUNT CITY SECRETARY
Office by: (to)
(3)C115 488100 020115021211 $64,721.81 AppROM
Mike Groomer 6140 (3)C115 541200 020115021211 $64,721.81 CITY COUNCIL
Originating Department Head:
Hugo Malanga 7801 (from)
APR 4 2000
(1)C115 541200 020115021211 $129,443.61 1
Additional Information Contact: l
City Secretes 01the
Hugo Malanga 7801 City of Fort Wortb.Tezas
Adonted Ordinance No.A.L5P rWt pL;u iiesulution No. uaq