HomeMy WebLinkAboutContract 52815 A$
RECEIVED CITY SECRETARY
SEP 17 2019 CONTRACT NO. 5c� ' 5
C►tY0FFORT6v0R774 REIMBURSEMENT AGREEMENT
CiiYSECRETARY
THIS AGREEMENT ("Reimbursement Agreement"), made and entered into as of the
20th day of August, 2019, by and between BARNETT GATHERING LLC, a limited liability
company whose mailing address is 22777 Springwoods Village Parkway, Spring, Texas 77389 -
1425 ("BG") and THE CITY OF FORT WORTH ("City") whose mailing address is 200 Texas
Street, Fort Worth, Texas, 76102 (individually referred to as "Party" and jointly as "Parties").
All exhibits attached hereto are incorporated within this Reimbursement Agreement as if copied
in full.
WITNESSETH THAT:
WHEREAS, the City was granted a 15-foot wide permanent easement for a sanitary
sewer line in Tarrant County, Texas under the authority terms and conditions set forth in that
certain easement recorded in Vol. 6715 Pg. 2439 of the Deed Records of Tarrant County, Texas;
WHEREAS, the City was granted a 20-foot wide permanent easement for a sanitary
sewer line in Tarrant County, Texas under the authority terms and conditions set forth in that
certain easement recorded in Vol. 8306 Pg. 1599 of the Deed Records of Tarrant County, Texas;
WHEREAS, an affiliated entity of BG was granted a Surface Lease and Easement, dated
February 22, 2005, recorded in Instrument Number D205048957 of the Deed Records of Tarrant
County, Texas ("Easement Agreement");
WHEREAS, BG has installed its pipeline in and across the above described surface lease
easement acquired in the Easement Agreement, (the "Premises") the design of which is more
particularly described in the attached Exhibit"A" ("Facilities");
WHEREAS, City is in the process of locating utilities through the Premises
("Development"), which affects BG's present Facilities within a portion of said Premises;
WHEREAS, the proposed Development will interfere with the present location of BG's
existing Facilities, and because the Facilities were located through the Premises before the City's
Development,the City is responsible for the cost of the relocation;
WHEREAS, City has requested that BG relocate its existing Facilities to provide for
Development and enter into this Reimbursement Agreement with City providing for such
relocation and for the reimbursement to BG of the expenses BG incurs in accommodating City's
requested relocation of said Facilities as and to the extent provided below; and
WHEREAS, with the permission of BG's affiliated entity, BG will perform the relocation
of its existing Facilities in one phase, including any necessary survey, easement services,
engineering, cost estimation work as outlined in the attached Exhibit `B" and including the
actual relocation of the Facilities in accordance with an approved engineering design, which will
be lowered in accordance with Exhibit B;
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Execution Copy 8/8/19 Barnett Gathering LLC and CFW Reimbursement Agreeme t + I Y
FT. WO
RTk TX
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements hereinafter set forth, it is agreed by and between the Parties hereto as follows:
1. This Reimbursement Agreement for the reimbursement of costs that BG incurs in
the actual relocating of its Facilities as made necessary by City, which affects BG's present
Facilities within a portion of said Premises. The Facilities will be lowered in accordance with
Exhibit B. The City will reimburse BG in accordance with Exhibit B. It will be necessary for
BG to do certain survey, engineering and surface site procurement to determine the components
to be covered by this Reimbursement Agreement. Accordingly, City and BG have agreed to
implement this Reimbursement Agreement to cover the payment by City of the costs outlined in
Exhibit B and expenses to be incurred by BG in causing a survey of the area and Facilities to be
affected by City's request, in having preliminary engineering and cost estimate prepared, final
engineering design and relocation of the Facilities.
2. City shall pay to BG a set amount of One Hundred Fifty Thousand Dollars and
No Cents ($150,000.00) for costs and expenses incurred in connection with the preliminary
survey, preliminary engineering, cost estimate, final engineering design and relocation of the
Facilities in accordance with Exhibit B. City shall not be obligated for the reimbursement of any
amount over $150,000.00.
3. BG will be paid under this Reimbursement Agreement within Thirty (30) days
upon City's receipt of an invoice evidencing the completion of work performed and the City's
receipt of the as built drawings required under this Reimbursement Agreement. BG will
complete all work no later than September 13, 2019. If BG does not complete all work by this
date, City may extend the completion date in 30 day increments, but BG shall use its best efforts
to accommodate the City's construction schedule for the Development.
4. BG agrees to notify City's Water Department field operation staff within in 48
hours of before beginning any work on the Premises and will coordinate the work as may be
requested by City.
5. BG will submit as built drawings for the relocated Facilities within 60 days of
completion of the work. BG will also submit the City an affidavit of bills paid in a form
acceptable to City.
6. BG and City agree that any future construction or relocation shall not be subject
to the terms and conditions of this Reimbursement Agreement and will be negotiated based on
the facts and circumstances in place at that time.
7. BG anticipates all work can be done within the Premises, however, upon request
by BG, City may grant, to the extent that it has the right to do so, any necessary temporary
workspace City has the rights to for the relocation of the Facilities under this Reimbursement
Agreement. BG shall be required to coordinate any work on temporary workspace granted under
this section.
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Execution Copy 8/8/19 Barnett Gathering LLC and CFW Reimbursement Agreement
8. Nothing herein constitutes a waiver of the City's sovereign immunity.
9. BG agrees that the City shall, until the expiration of three (3) years after final
payment under this Reimbursement Agreement, have access to and the right to examine any
directly pertinent books, documents, papers and records (records) of BG involving transactions
relating to this Reimbursement Agreement. The place and time of all audits must be reasonable
and agreed to by both Parties. The City shall give BG reasonable advance notice of intended
audits. BG shall include in any subcontracts a clause similar to this. The City can obtain a copy
of any of BG's audits of it contractors related to the relocation activities hereunder.
10. The person signing this Reimbursement Agreement for BG hereby warrants that
BG has secured the legal right to the Premises; that he or she has the legal authority to execute
this Reimbursement Agreement on behalf of his or her respective Party; and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the
entity. City is fully entitled to rely on this warranty and representation in entering into this
Reimbursement Agreement.
11. This written instrument (together will all exhibits) constitutes the entire
understanding between the Parties, and any prior or contemporaneous, oral or written agreement
that purports to vary from the terms hereof shall be void, but only as it relates to the work
performed under this Reimbursement Agreements. This Reimbursement Agreement does not
replace or supersede the
Easement Agreement. This Reimbursement Agreement may only be amended via written
instrument signed by both Parties and dated after the execution date of this Reimbursement
Agreement, provided, however that the Parties agree that any applicable changes in local, state,
or federal laws, rules, or regulations that may occur during the term of this Reimbursement
Agreement shall be automatically incorporated into this Reimbursement Agreement without
written amendment hereto and shall become part hereof as of the effective date of the law, rule,
or regulation.
12. BG will carry adequate insurance to cover any and all liabilities associated with
the work being done under this Reimbursement Agreement and will contract with its contractors
to do the same.
13. This Agreement shall inure and be binding upon the successors and assigns of the
Parties hereto.
14. BG SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY BG OR BG'S AGENTS,
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH BG
EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR
RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT,
INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY'S FEES IN PROPORTION TO BG'S LIABILITY.
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Execution Copy 8/8/19 Barnett Gathering LLC and CFW Reimbursement Agreement
15. The law of the State of Texas shall govern the validity of this Reimbursement
Agreement, its interpretation and performance. and any other claims related to it. The venue for
any litigation related to this Reimbursement Agreement shall be Tarrant County, Texas.
16. BG shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
Reimbursement Agreement and the work hereunder, and shall observe and comply with all
orders, laws ordinances and regulations which may exist or may be enacted later by governing
bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. BG agrees to defend, indemnify and hold harmless City
and all of its officers, agents and employees from and against all claims or liability arising out of
the violation of any such order, law, ordinance, or regulation, whether it be by itself or its
employees.
17. BG shall verify the identity and employment eligibility of its employees who
perform work under this Reimbursement Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, BG shall provide City with copies of
all I-9 forms and supporting eligibility documentation for each employee who performs work
under this Agreement. BG shall adhere to all Federal and State laws as well as establish
appropriate procedures and controls so that no services will be performed by any BG employee
who is not legally eligible to perform such services. BG SHALL INDEMNIFY CITY AND
HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE
TO VIOLATIONS OF THIS SECTION BY BG, BG'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to BG, shall
have the right to immediately terminate this Agreement for violations of this provision by
ENGINEER.
18. If BG is a company with ten (10) or more full-time employees and if this
Reimbursement Agreement is for $100,000 or more, BG acknowledges that in accordance with
Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company' shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. If applicable under this
Reimbursement Agreement and BG is considered a "company," by signing this Reimbursement
Agreement, BG certifies that BG'S signature provides written verification to the City that BG:
(1) does not boycott Israel, and(2) will not boycott Israel during the term of the contract.
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F,xecution Copy 8/8/19 Barnett Gathering LLC and CFW Reimbursement Agreement
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year first above written.
"B G"
BAR,NETT GATHERING, LLC
Name (Print) : (3a:�,.� w+�• C,�v��aS
Title: D P`. ��r•.�S Mt�v�Vb1�
"city"
CITY OF FORT WORTH
i
By: MA,
Name: Dana B h of
Title: Interim Msistant City Manager
ATTEST:
rx -kA
By:
Mary Kayser ' - ?
City Secretary
Form 1295 Certification No. N
M&C: No: 19-0059
Date: August 20, 2019
APPROV AS TO FORM AND 'EGALITY:
By:
Jessica Sang ang
Senior Assistant City Attorney
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
OFFICIAL R CORD
Name: Walter Norwood, P.E. T� �.�H TXTitle: Water Department Project Manager
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Execution Copy 8/8/19 Barnett Gathering LLC and CFW Reimbursement Agreement
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me on this day of March,
2019, by
for Barnett Gathering, LLC, a Texas limited liability company,
on behalf of said limited liability company.
(S E A L) /�j r
Notary Public
My Commission Expires
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of
20 , by Dana Burghdoff, Interim Assistant City Manager of the City of Fort Worth, a
Texas home rule municipality, on behalf of said City of Fort Wort .
(SEAL)
Notary Public
My Commission Expires
Return This Instrument To:
City of Fort Worth
Property Management Department
Attn: Ricardo Salazar 11
200 Texas Street
Fort Worth, Texas 76102
With a Copy To:
Barnett Gathering, LLC
Attn: Laura Mamazza
1 10 West 7th Street
Fort Worth,Texas 76102
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Execution Copy 8/8/19 Barnett Gathering LLC and CFW Reimbursement Agreement
E Z.
13ao 5• � �'
SECOND AMENDMENT TO SURFACE ASE
AND EASEMENT AGREEME
THIS SECOND AMENDMENT TO SURFA ASE AND EASEMENT
AGREEMENT is executed as of the 15th day of Februa AYCO REALTY LTD.,a
Texas limited partnership ("Hayco"), and M & C DE LO ENT, LTD., a Texas limited
partnership ("M&C"), for the benefit of ANT RCES I, LP, a Texas limited
partnership("Lessee").
Recitals
A. Pursuant to that certain *M� on
and Easement Agreement (the "Surface
Lease")by and among Lessee,Hayco and or about June;&4 2003,Hayco and M&C
leased eight(8)well sites and granted nWess easements to Lessee.The Surface Lease
is referenced in a Short Form Memorand Lease dated June 26,2003,by and among
Hayco and M & C, collectively as le Resources I, L.P., as lessee, recorded in
Volume 17099,Page 57,Real Prc'4ert eco s,Tarrant County,Texas.
B. At Lessee's regnd M&C desire to amend the description of the Access
Easements and Easement Ar e t in Section 8.01 of the Surface Lease by adding a new
Easement Area.
NOW,THEREFO or din consideration of the premises and other good and valuable
consideration,the reeeip ieiency of which are hereby acknowledged,Hayco and M&C
agree as follows:
1. Effectiv f the date of this Second Amendment,Article 8 of the Surface Lease is
amended so tha defini n of Easement Areas contained in Section 8.01 shall include the area
described by metes ds on Exhibit"C-I"attached hereto,in addition to the areas described
on Exhibit"C" attached to the original Surface Lease. All provisions of Article 8 of the Surface
Lease applicable to Access Easements shall apply to the new Access Easement covering the
Easement Area described on Exhibit"C-1"attached hereto.
2. Except as amended herein or in any prior written amendment of the Surface Lease,
the terms and conditions of the Surface Lease shall continue in full force and effect.
1
Am
IN WITNESS WHEREOF, this Second Amendme I Sur Lease and Easement
Agreement has been duly executed by the parties hereto as o e an ear first above written.
M&C DE ,LTD.,a Texas limited
partnershi
By:
Cutler,General Partner
REALTY,LTD.,a Texas limited
parin
♦ a Cutler,General Partner
OWLEDGMENTS
STATE OF TEXAS -0
COUNTY OF TA
RRA i
This instrumen acknowledged before me on the I& day of February,2005,by
Haydn Cutler, I p r of HAYCO REALTY,LTD.,a Texas limited partnership,on behalf of
such limited partne
QC2�c�
My comtVisspri expires: �}• i~U�
Printed Name
Notary Public,State of Texas
I RITA A.SINGLETON
4(.ds.1* NOTARY PUBLIC
STATE OF TEXAS
"�a 46 My Comm.Expires 12-15-2008
2
I
STATE OF TEXAS
COUNTY OF TARRANT
i
This instrument was acknowledged before me on of February,2005,by
Haydn Cutler,general partner of M&C DEVELOPME LT .,a Texas limited partnership,on
behalf of such limited partnership.
/Y!
My c7L ,
iss'on expires:
s' o ed Name
otary Public,State of Texas
♦`
♦ ,�""`° RITA A.SINGLETJSN
` a NOTARY PUBLI
STATE OF TEXA
My Cwnm.Ezplree 12-f 6
i
3
EXHIBIT C-1
METES AND BOUNDS 131ESCRIFTION
30-FOOT EASEMENT NO.8
2.6960 ACRES IN THE
J.BOWMAN SURVEY,ABSTRACT 19,
THE A.ALBRIOHT SURVEY,ABSTRACT 1849,
AND THE B.B.B.&C.RR CO,SURVEY,ABSTRACT 201
TARRANT COUNTY,TEXAS
A 2.585&ACRE STRIP OF LAND SITUATED IN THE J. BOWMAN SURVEY,
ABSTRACT 7%,THE A.ALBRIGHT SURVEY,ABSTRACT 1849,AND THE B.B.B.&
C.RR CO.SURVEY,ABSTRACT 201,TARRANT COUNTY,-TEXAS,BEING OUT OF
THAT CALLED W4.473-ACRE TRACT DESCRIBED IN DEED TO HAYCO REALTY
LTD., RECORDED UNDER VOLUME 14192 AT PAGE 044, DEED RECORDS OF
TARRANT COUNTY,TEXAS(D.R.T.C.T.),SAID 2.5856-ACRE STRIP BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,(BEARINGS
BASED ON THE NORTH LINE OF SAID CALLED 964.473-ACRE HAYCO TRACT):
COMMENCING at a'PK nail found in the right-of-way of Cromwell-Marine Creek Road
(C.R.4124)and in the west right-of--way line of Bowman-Roberta Road(C.R.4123,40-
foot right-of-way),being the northwest comer of said 984,473-sere Hayoo tract;
THENCE South 00'49'21'West along said west line a distance of 4 3.25 feat to a
capped 5/4-inch Iron rod previously set at the Intersection of the no na a 75fcot
Texas Electric Service Company (tESCO)fee strip described I der! corded In
volume 2200 at page 309.D.R.T.C.T.with the west line or said 4011WALa Hayco
tract,from which a found concrete monument hears 8 87°11'W,
THENCE South 89'$2'221'East,along the north line of said Tq
a distance of
2887.89 feet to a point;
THENCE South 00'DT38"Westa distance of 75,00 feet theof the south
line of said TESCO strip and the easterly line of a 15 fo snit sewer easement to
the City of Fart Worth as described In easement d lot at page 2439,
D.R.T.C.T.,and being the POINT OF SECiNNI of the st described hareln;
(1) THENCE South 89"5222"East,along the so a of sal ESCO strip,a distance of
41.11 feet;
(2) THENCF South 42°59'36"t:ast, perallaftg 30 feet perpendicularly distant from the
easterly line of said 154cot sanitary sewer a t,a distance of 3411.43 feet to a point
of curvature;
13) THENCE Southeasterly, patellel and f p endiculady distant from the easterly
line of amid 15-foot sanitary sew* se a curve to the loll having a radius of
322.49 feet, a central angle•of 29 are length of 105.08 feat, and a chord
bearing and distance of S 57°39' .29 feat,
(4) THENCE South 72°19'23" as ralle nd 30 feet perpendicularly distant from the
easterly line of said 16-f easement,a distance of 172.40 feet;'
(5) THEI4CE South 61° st, list and 30 feet parpendicuisriy distant from the
easterly line of said s sewer easement,a distance of 292-19 feet;
(A) THENCE Seuttraaste and 30 feet pelpendicuierfy distant from the easterly
line of said 15-foot a er easement,on a curve to the right having a radius of
397.50 feet, a oe al ang of 23140'58",on arc length of 184,30 feet,and a chord
bearing and distan S 31'22"E,163.14 feet;
(7) THENCE So 3 "East a distance of 913.82 feet;
(8) THE ou 'lIT34"West, parallel and W feet perpendicularly distant from the
easterly 0- sanitary sewer easement to the City of Fort Worth as described 1n
easement re d in volume 8300 at page 599.O,R.T,C.T.,a distance of 479.62 feet;
(9) TH 38'23'33' East, parallel and 30 feat perpendicularly distant from the
easterly sold 20-foot sanitary sewer easement,a distance of 1033.30 feet;
Easement No.8,Marine Creek Ranch,September 13,2003
page 1 of 2
EXHIBIT C-1
Page 1 of 3
(10) ?HENCE South 001001017 East a distance of 30.00 feet;
(11) THENCE South 90'00'017'West.a distance of 166.60 feet;
(12) THENCE North 17.08'23'West a distance of 31A0 feet;
(13) THENCE North 90'00'00'East a distance of 155.55 feet to a point on the east fine of
said 2D-foot sanitary sewer casement;
(14) THENCE North 36'23'33"West,along the easterly line of said 20•foot sanitary sewer
easement,a distance of 1023,80 feet;
(16) THENCE North 09'13'34" East, along the essterty line of said 20-foot sanitary sewer
easement,a distance of 479.42 feet;
(16) THENCE North 37"40'53"West,along the easterly line of said 15-foot sanitary sewer
easement,a distance of 900.81 feet;
(17) THENCE Northwesterly,along the easterly line of said 16-toot.santiary sewer easement,
on a curve to the left having a radius of 367.50 feet,a central angle of 23°40'58',an are
length of 151.90 feet,and a chord bearing and distance of N 4931'22'W,160.82 feet;
(10) THENCE North 61'21'51"West, along the assteriy line of said 154a anitery sewer
easement,a distance of 289,31 feet;
(19) THENCE North 72*1923"West, along the easterly line of said 1 sewer
easement,a distance of 1 09,52 feet; :z
(20) THENCE Northwesterly,along the easterly line of acid 1 S-foot 'tary a r easement,
on a curve to the right having a radius of 352.50 test,a centre h *19'47",an am
length of 180.44 feet,and a chord bearing and distance of 78.46 feet;
(21) THENCE North 42'59'36"West,along the eaetarly a Id foot sanitary sewer
easement, a distance of 368.53 fool to the P F ING and containing
2.5850 acres(112,629 squats feet)of land.
Notes;
1. This description is based on a Land QT41- -Y'o, prepared by Edminster,
Hinshaw,Ruse and Assoolates'and date ust 2002.
EDM S R,Hi AW,RUSS AND
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File No: Ra20021 escriptions)EsOnIsnt D8,doc
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Easement No.6,Marine Creek Ranch,September 13,2003
Pogo 2 of 2
EXHIBIT C-1
Page 2 of 3
�ua3orr�xO ANItw RESOURCES PAGE 07/07
�� i�'u`�viArtk.NC6A1[NT.
Cromwell-•Marine Crk Rd EASEMENT NO. a
' .2.5856 ACRES
HAYCO LEASE
s erer22's TARRANT CWNTY, TEXAS
N 2aeT.es'
S DD'07'3B'M
_ P.$lGO P,J09 DR7Cr
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PANTj* \J'�7 D�y, I \\ A A L 8R I G H T
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tif�\, 9• f r ANr COI M WA RR MW1R01.
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"Zj�. �\Cp Y.2993 Plot,ORMT 1
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UNE DISTANCE BEARING \ v671.9 P,2A3A mur \
E1 41.f1' S 89'32'22'E
1.2 30.00' SOUTH
LS 188,60' WEST \\ " 1pJ� \\
L4 31,4W H 17'0e'23"W \ m{fb N'rr 3AAWrARr EA9ENLNr \
LB 158.68' EAST \`fA \�V' der rN \
E0
URV RADIUS DELTA ARC BEARING GHORB 1, ij�
Cl 322.49 29'79'47" 16A0 S 67'3B'30.E 1bTi29
62 Tv—so 2Y40'S8 184.30 6 4Y31'22"C Ib'314
C3 367.50 23'40'68•' 151.90 M 4V31'22"W 15692
C4 552.50 28110'47' 180.44 N 34'30'30'W 178;48
cAcm
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(NARfNE CREEK RMFGN)
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NOTES
1. THIS EXHIOIT WAS PREPARED TO ACCOMPANY A HERS AND BOUNDS
DTSCWPTION OF THE SVSJECT PROPERTY DATED 13 SEP 2003.
ANIERO RESOURCES CORP. SCREE 1'" 300'
DENVER,COLORAD9 DgTE: 13 SEP 20W
1. R.- DATE I BY JOS NO., 022-002-50 S6)
>sYEYED By,. JMD/ccs �mi�sfsr•41i�sh2�u•Muss ORAW04 NO.:
tAWM BY. jua CAD PILE! ESMT_00,DWO
,or. +..rrne. a. b.�a• 4++ rva
WROVED 9Y: .ns fu•+ro 1 ns,..xn SHEET I OF I
EXHIBIT C-1
Page 3 of 3
HAYCO REALTY LTD t
1320 S UNIVERSITY DR STE 1015
FT WORTH TX 76107
Submitter: LARA E SWINNEY
SUZANNE HEN
TARRANT CCU RK
TARRANT COUN THOUSE
100 WEST W T RFORD
FORT W 196-0401
DESTROY
WARNING- THIS IS F THE OFFICIAL RECORD.
Filed For Registration: 0212212005 01:31 PM
Instrument#: W
M048"7
OP 7 PGS $24.00
Y
I IIIIIIIIIII IIIII IIIII IIIII IIIII��III IIIII IIIII IIIII IIII IIII
D206048967
ANY PROVISION WHICH RESTRICTS THE SALE,RENTAL OR USE !
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Exhibit B
BARNETT GATHERING LLC
810 HOUSTON STREET
FORT WORTH, TEXAS 76102
Project: Marine Creek - Hayco Line Lowering
Work Scope: Lowering 6" pipe an additional 1 Oft for 150ft
Description: Sub Total
Survey $ 6,500
Materials $ 4,087
Labor $ 132,379
Testing $ 7,124
TOTAL $ 150,000
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FO ��
DATE: 8/20/2019 REFERENCE **M&C 19- LOG NAME: 60M365A-GAS
NO.: 0059 RELOCATIONS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Reimbursement Agreement with Barnett Gathering LLC, in the
Amount of$150,000.00 for a Gas Pipeline Relocation to Accommodate the Marine Creek
Interceptor Improvements Phase ll, Part 1 Project and Adopt Appropriation Ordinance
(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Water and Sewer Capital Projects Fund in the amount of $150,000.00 from available
funds; and
2. Authorize the execution of a Reimbursement Agreement with Barnett Gathering LLC, in the
amount of $150,000.00 for a gas pipeline relocation to accommodate the Marine Creek
Interceptor M279A and M-365 Improvements, Phase II, Part 1 Project (City Project No.
100274).
DISCUSSION:
The City's sewer easements for the Marine Creek Interceptor M279A and M-365 Improvements,
Phase Il, Part 1 Project are subject to the existing gas pipeline. In order for the City to construct its
project, the gas pipeline needs to be lowered and relocated, and the City is responsible for the costs
associated with relocating the gas pipeline. Barnett Gathering LLC, has agreed to lower and relocate
the conflicting gas pipeline, and the Reimbursement Agreement is necessary to allow reimbursement
of the total cost of$150,000.00. Construction for relocation of the gas pipeline is anticipated to
commence in September, 2019.
The relocation consists of the lowering of a six-inch gas main by 10 feet for a distance of 150-feet at a
cost of$150,000.00.
The project is located in COUNCIL DISTRICT 2.
A Form 1295 is not required for this contract because: This contract will be with a publicly-traded
business entity or a wholly-owned subsidiary of a publicly-traded business entity: Barnett Gathering
LLC
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance 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 Water and Sewer Capital Projects Fund. The Fiscal Year 2019 Water Operating
Budget includes appropriations of$35,856,873.00 for the purpose of providing Pay-As-You-Go
funding for Sewer Capital Projects. After this transfer for Fiscal Year 2019, the balance will be
$15,147,927.00.
Funding for the Marine Creek Interceptor M279A and M-365 Improvements, Phase II, Part 1 Project
are as depicted below by fund:
FUND Existing jp�jji�fionalProject Total*
Appropriations JAppropriations
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27207&councildate=8/20/2019 8/28/2019
M&C Review Page 2 of 2
W&S Capital
Projects Fund $604,873.00 $150,000.00 $754,873.00
56002
W&S Commercial $3,375,830.00 $0.00 $3,375,830.00
Paper Fund 56016
Project Total $3,980,703.00 $150,000.00 $4,130,703.00
*Numbers rounded for presentation.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund I Department Account Project Program Activity Budget Reference# Amount
ID I ID Year Chartfield 2
Submitted for City Manager's Office by: Dana Burghdoff(8018)
Originating Department Head: Chris Harder(5020)
Additional Information Contact: Walter Norwood (5026)
ATTACHMENTS
60M365A-GAS RELOCATIONS 56002 A019.docx
60M365A-GAS RELOCATIONS MAP.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27207&councildate=8/20/2019 8/28/2019