HomeMy WebLinkAboutContract 35219CITY SE�I�ETA�Y �
CONTRACT RIO.
R�IMBURSEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF FORT
WORTH, a home-rule municipal corporation situated in Tarrant, Denton, Parker and Wise
Counties, Texas, hereinafter referred to as ("City"), by and through Marc Ott, its duly authorized
assistant city manager, with a mailing address of 1000 Throckmorton Street, Fort Worth, Texas
76102 and SUNOCO PIPELINE L.P., a Texas limited partnership with a mailing address of P.O.
Box 5095, Sugar Land, Texas 77487 hereinafter called ("Sunoco").
WITNESSETH:
WHEREAS, Sunoco owns and operates a 16-inch diameter petroleum pipeline (the
"Pipeline") in Tarrant County, Texas, said Pipeline being a part of Sunoco's Ringgold to
Corsicana crude system; and
WHEREAS, City desires to reroute FM 156 around the west side of Alliance Airport in
Fort Worth, Texas (the "Project") and create a new crossing over Sunoco's Pipeline which will
encroach upon Sunoco's easement for the Pipeline; and
WHEREAS, City has requested that Sunoco reroute, adjust and/or take protective action
on a portion of the Pipeline (the "Relocation"), as shown on Exhibit "A" attached hereto and
made a part hereof, in order to accommodate the Project; and
WHEREAS, Sunoco has agreed to provide the Relocation services; and
WHEREAS, City has agreed to reimburse Sunoco for the costs and expenses incurred
by the Relocation estimated at $138,902 as shown on Exhibit "B" attached hereto and made a
part hereof.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter set forth, it is hereby agreed by and between City and Sunoco as follows:
RELOCATION OF PIPELINE: Sunoco shall cause the Relocation of the Pipeline as
described on Exhibit "A" in order to accommodate the Project. The Relocation work shall be
done by Sunoco or its contractors in a workmanlike and expeditious manner in accordance with
the accepted industry practices and work schedules, and using diligence to complete said
Relocation.
PAYMENT BY CITY: City shall pay in advance to Sunoco the estimated cost of
$138,902 for the Pipeline Relocation. A copy of said estimate is attached hereto as Exhibit "B".
Should the actual cost be greater than the estimated cost, City shall remit the difference to
Sunoco within thirty (30) days of the presentation of a statement showing actual costs and
support materials. Provided, however, if the actual cost exceeds the estimated cost by Twenty-
Five Thousand Dollars ($25,000), City must obtain City Council authorization for the increased
payment amount and shall not be bound to the thirty-day payment requirement but shall seek
said approval within a reasonable tirne.
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Reimbursement Agreement � �,_; �J"'���., �1 !.� ,.a�'JU�J
City of Fort Worth & Sunoco Pipeline L.P. r� ''' � �' °���;"� �cj ��
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FM 156 Realignntent � ��'�a�l�,����;�L,l,:,!.,�
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Page 1 of 4 � � �. .. i� �^ : i' .,, ,.
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INGRESS AND EGRESS: City hereby grants to Sunoco the right of ingress and egress
across all lands owned, leased or controlled by City as may be reasonable and necessary for
Sunoco to perform the Relocation.
AUDIT: City shall
hours, to audit and obtain
Pipeline Relocation.
have the right, upon reasonable notice and during normal business
copies of the books, records and accounts of Sunoco relating to the
HOLD HARMLESS: City, its successor or assigns, shall hold Sunoco 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 land or in particular with this
project to reroute FM 156 around the west side of Alliance Airport. Further, Sunoco shall not be
liable for any damages to the surface of the land, plants, grass, shrubbery, trees or any other
improvements resulting from the Relocation of its pipeline or the City's Project to reroute FM
156 around the west side of Alliance Airport, except that Sunoco shall be liable for and shall
promptly and fully compensate City for liabilities, claims and costs resulting either from the
negligent activities of Sunoco employees, agents and/or contractors or from spillage or
discharge of petroleum products or other hazardous substance from the Pipeline.
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.
(Remainder of Page Intentionally Left Blank)
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RP.lrilblll'SEI11eI1tAg1'POrilellt ; c.i��,��:iJ�l�:�: 1:IS�1�....•`�
City of Fort Worth & Stmoco Pipeline L.P. i"��'�' ';�r("��i'�'"�;;�',�i�l����
FM 156 Realignment a 'J �', J. ��' 1� �? �,,.� �� �
Page 2 of 4 ; f��, �:'}''��':i ��ri �'� �'� \� �
IN WITNESS WHEREOF, this Agreement shall become effective as of the date it
becomes fully executed by the parties.
SUNOCO PIPELINE L.P., a Texas limited partnership
By: Sunoco Logistics Partners Operations GP LLC,
a Delaware limited liability company,
as its general p
By:
David A. Justin, Vice-President, Operations
Date: y�����7
CITY O O O TH '
By: ', �.�i
Marc Ott -
Assistant City Manager
Date: C% �-1 � -- C j/
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Approved as to Form and Legality:
/ ,'�/ — �
,� - �- j``, �t
AmyJ. Ramsey'
Assistant City Attorney
ReimUursement Agreement
City of Fort Worth & Sunoco Pipeline L.P.
FM 156 Realigiunent
Page 3 of 4
Attest:
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Marty Hendrix ��
City Secretary
Authorization. - �+�– � � � I
Date: r �
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ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF FORT BEND
Before me, a Notary Public in and for said county and state, on this, �,,,��' day of
;,J �,' � , 2007 personally appeared David A. Justin, to me known to be the
identi�al person who subscribed the name of the maker thereof to the foregoing instrument as
Vice-President, Operations of Sunoco Logistics Partners Operations GP LLC, a Delaware
limited liability company, in its capacity as general partner of SUNOCO PIPELINE L.P., a Texas
limited partnership, and acknowledged to me that he executed the same as his 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.
Witness m hand and official seal this the . �� �
y �``G� day of �� � , 2007.
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..�,.Y,
N_,, o�ta�� Public �
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My Commission Expi �•"'�P�= �ROtd�•�
:*,� EXPIRES
���• �:� November21,2+�7
A,q� ,
STATE OF TEXAS
COUNTY OF TARRANT
Before me, the undersigned authority, on this day personally appeared Marc Ott,
Assistant City Manager of the CITY OF FORT WORTH, a 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.
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Witness my hand and official seal this the _'� day of CL�Jtc-� , 2007.
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Notary Public
My Commission Expires: ��,�5� —�'�
File No. RC-152
Reimbursement Agreement
City of Fort Worth & S�moco Pipeline L.P.
FM 156 Realignment
Page 4 of 4
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EXHIBIT ��A�► � �r'��, ..'_->.�:��`r'�:,
EXHIBIT "B"
Date 8/14/2006 Revision
By: Charles E Jones, Staff Engineer
Location: FM 156 Reiocation, Alliance Airport, Ft. Worth, Texas
AFE # 374-683702
Project Description
TxDOT is planning to reroute FM 156 around the west side of the Alliance Airport. The new route will cross the Corsicana to Ringgold
16" pipeline immediately down stream from the end of the 1997 reroute around the new J.C. Penney facility at the airport.The new road
ROW is approximately 400 pipeline ft wide.We will be required to use heavier wall pipe to meet TxDOT requirements for pipelines
crossing highways.We �,vill use 400 (eet of 16" ;( 0.375" wt 5LX 52 , FBE coated line pipe. The pipe will require lowering in the non-fill
ELIGIBILITY RATIO
Total length of pipeline on proposed right-of-way 400.00 feet
Total length of pipeline on existing public right-of-way 0.00 feet
Total length of pipeline on private proposed right-of-way 400.00 feet
Eligibility = 400.00
400.00 times 100 = 100.00%
100.00% of the project total will be reimbursed by City of Ft. Worth, Texas
CLASS DESCRIPTION QTY UNIT $/UNIT SUBTOTAL TOTAL
02 LAND AND ASSOCIATED FEES
2 Land Purchasing Expenses 0 LOT 0.00
3 Rights of Way Expenses 0.0 LOT 0.00 0
04 LINE PIPE
16" 00, 0.375" wl, X-52 with FBE � 400 LF 50.00 20,000.00
Miscellaneous (laxes, freight, etc.) 1 LS 3,000.00 3,000.00 23,000
05 VALVES, FLANGES, CASING, FITTINGS, For Trunk Lines
SPC 2888 two part epoxy 10 KIT 25.00 250.00
SPC Repair Kit 1 BOX 200.00 200.00
Miscellaneous (taxes, freight, etc.) 1 LS 67.50 67.50 518
PIPELINE CONSTRUCTION
Slrip back 200 ft o( the existing pipeline, outside the ROW .
to lower within the ROW, to meet state requirements. 1 LOT 4,750.00 4,750.00
11 Assemble ,Test and Install 400 ft 16" X 0.375 wt, Grade X 52 pipe 1 LOT 55,000.00 55,000.00 59,750
THIR� PARTY PROFESSIONAL
15 Radiographic Weld Inspection 1 LOT 2,400.00 2,400.00
i6 Third Party Inspection 14 DAYS 400.00 5,600.00
01 Nilrogen Purge between Valves 1 LOT 20,000.00 20,000.00 28,000
COMPANY LABOR AND EXPENSES
15 CP technician 1 DAYS 350.00 350.00
16 Inspector 2 DAYS 350.00 700.00
01 Engineering 8 DAYS 850.00 6,800.00
11 Line Drain up 2 DAYS 400.00 800.00
11 Travel expenses 0 LOT 500.00 0.00 8,650
COMPANY VEHICLES
15 CP lechnician vehicle 1 DAYS 12.00 12.00
16 Inspeclor's vehicle 2 DAYS 48.50 97.00 109
CONTINGENCY 10.00% % 120,026.50 12,002.65 12,003
FRINGE BENEFITS (ON COMPANY LABOR) 34.00% % 8,650.00 2,941.00 2,941
OVERHEAD (ON COMPANY LABOR 8 BENEFITS) 33.92 % % 11,591.00 3.931.67 3,932
OTHER INCURRED COSTS (ON SERVICES & MATERIALS) 0.00% % 111,267.50 0.00 0
PROJECT TOTAL $138,902
TOTAL ESTIMATED COSTS TO City of Ft. Worth, Texas 100.00% of 138,902 = $138,902
Assumptions:
1
2 Contractor will be responsible for supplying asbestos trained employees to remove pipe coating for cutting and tie-ins.
3 Contractor will be responsible for handling and hauling of any asbestos coated pipe removed.
4 Company will be responsible for final disposal of any asbestos coated pipe removed.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/9/2007
DATE: Tuesday, January 09, 2007
LOG NAME: 30ALLIANCE RELO
Page 1 of 2
REFERENCE NO.: **C-21922
SUBJECT:
Authorize the Execution of Utility Relocation Reimbursement Agreements with AboveNet
Communications, Inc., TCG Dallas, Southwestern Gas Pipeline, Inc., McLeodUSA
Telecommunications Services, Inc., Qwest Communications Corporation, Southwestern Bell
Telephone, L.P., Sunoco Pipeline, L.P. and TXU Electric Delivery Company as Required for the
Relocation of FM 156 as Part of the Runway Extension Project at Fort Worth Alliance Airport (DOE
4867)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of utility relocation reimbursement
agreements with AboveNet Communications, Inc., TCG Dallas, Southwestern Gas Pipeline, Inc.,
McLeodUSA Telecommunications Services, Inc., Qwest Communications Corporation, Southwestern Bell
Telephone, L.P., Sunoco Pipeline L.P., and TXU Electric Delivery Company totaling $1,172,312.04 as
required for the relocation of FM 156 as part of the runway extension project at Fort Worth Alliance Airport..
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 new location of FM 156, it is necessary to relocate all private utility service conflicts located
on the proposed FM156 and the existing FM 156. In order to eliminate these conflicts, the utility facilities
must be relocated and the owners of the facilities reimbursed as follows:
Abovenet Communications, Inc.
TCG Dallas
Southwestern Gas Pipeline, Inc.
McLeodUSA Telecommunications Services
Qwest Communications Corporation
Southwestern Bell Telephone, L.P.
Sunoco Pipeline, L.P.
TXU Electric Delivery Company
Total
The project is located in COUNCIL DISTRICT 2.
$319,064.40
$43,695.00
$98,881.00
$151,378.00
$33,106.00
$43,975.66
$138, 902.00
$343,309.98
$1,172,312.04
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 4/24/2007
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available, as appropriated, in the current capital budget of the
Airport Grants Fund.
TO Fund/Account/Centers
GR14 539120 055218035800 $323,675.34
GR14 534120 055218086800 $848,363.70
Submitted for City Manager's Office b}�:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Marc A. Ott (8476)
A. Douglas Rademaker (6157)
Mark Thigpen (8366)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 4/24/2007