HomeMy WebLinkAboutContract 38728CBC 425, 426
Y SECRETARY
NTRACT MO.
REIMBURSEMENT AGREEMENT
This Agreement made and entered into this day of hla , 2009 by
and between the City of Fort Worth, whose mailing address is 10 Throckmorton
Street, Fort Worth, TX 76102, hereinafter referred to as ("Owner"), and Texas
Midstream Gas Services, L.L.C., an Oklahoma limited liability company hereinafter
referred to as ("TMGS"), whose mailing address is 6100 North Western Avenue,
Oklahoma City, OK 73118 :
WITNESSETH
WHEREAS, TMGS owns an &inch nominal diameter natural gas pipeline in
Tarrant County, Texas; said pipeline being part of TMGS's North Barnett natural gas
gathering system; and
WHEREAS, OWNER desires to install street improvements (Golden Triangle
Boulevard) ("Improvements") which will encroach upon TMGS's pipeline easement; and
WHEREAS, OWNER has requested that TMGS reroute, adjust and/or take
protective action on a portion of the aforementioned pipeline located near the
intersection of Golden Triangle Blvd. and N. Beach St. in the City of Fort Worth, to
accommodate the installation of said street improvements; and
WHEREAS, OWNER has agreed to reimburse TMGS for the actual costs and
expenses incurred in the adjustment of said pipeline;
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements hereinafter set forth, it is hereby agreed by and between OWNER and
TMGS as follows:
ADJUSTMENT OF PIPELINES: TMGS shall lower and replace a portion of the
aforementioned pipeline located near the intersection of Golden Triangle Blvd. and N.
Beach St. in the City of Fort Worth. Work on the pipeline shall be done by TMGS and/or
its contractors in a workmanlike and expeditious manner in accordance with accepted
industry practices and work schedules, and using diligence to complete said adjustment.
PAYMENT BY OWNER: Upon completion of TMGS's project, and within 30
days of its receipt of TMGS's invoice, OWNER agrees to reimburse TMGS, on behalf of
TMGS, for 100% of the actual cost to accomplish the work as approximated on the Cost
Estimate attached hereto as Exhibit "A". The Owner will not be responsible for
reimbursing TMGS for any costs that exceed the "Grand Total of Project , as described
on the Cost Estimate attached as Exhibit "A" and incorporated herein for all purposes.
INGRESS AND EGRESS: OWNER hereby grants to TMGS the right of ingress
and egress across all lands owned, leased or controlled by OWNER as may be
reasonable or necessary for TMGS to adjust, inspect, cover, test, connect, operate and
maintain the adjusted pipeline. Such ingress and egress shall be along routes as
agreed by TMGS and OWNER.
��E@CiAL RECMID
INTYf, IF'T'K
Reimbursement Agreement, City of Ft. Worth -Golden Triangle Blvd. Expansion
cgc a25, 426
AUDIT: OWNER shall have the right at any time to audit and obtain copies of the
books, records and accounts of TMGS relating to the invoice presented for payment at
the completion of the work on this project.
Owner agrees with TMGS that Owner will not hold TMGS liable for any damage
to the Improvements, which may occur in the operation and maintenance of TMGS's
Pipeline or Easement, so long as such operation and maintenance is in conformance
with the standards set forth in the next sentence, and further that Owner cannot hold
TMGS liable for any maintenance to Owner's Improvements. In addition, TMGS agrees
to use reasonable care when operating and maintaining its pipeline.
Owner agrees to fully compensate TMGS for, and. require its contractor to name
TMGS as an additional insured on its Certificate of Insurance for any damages or injury
to TMGS's Pipeline incurred by reasons of acts of its agents, servants or employees,
independent contractors or others, during construction of the Improvements, or
thereafter, related to the maintenance, operation or use of the Improvements and the
premises therein.
ENTIRETY OF AGREEMENT: This agreement constitutes the entire agreement
between the parties hereto 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 or assigns.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first written above.
Attest:
Marty He�irix
City Secretary
Approved as to �
and ��lity•
A y Ra ey
Assistant City Attorney
Contract Authoriaatioa
61 b
Date
City of Fort Worth
Fernando Costa
Assistant City Manager
Approval Recommended:
Transportation/Pub
Works Department
Texas Midstream Gas Services, L.L.C.
an Oklahoma limited liability company
J. Michael Stice M,
L
Rein-ibursemenf Agreement, City of Ft. Worth -Golden Triangle Blvd. Expansion
Exhibit "A..
Estimate
Replace Approximately 765 Feet of Keller to Corsicana 8"'Line By Horizontal Directional Drill
Golden Triangle Boulevard
Materials
Line Pipe
Construction
HDD
Welding
Field Joints
Test & Tie -Ins
8.625" OD, 0.500 WT
Right of Way
Temporary Work Space
Damages
Miscellaneous
Nitrogen Purge
Sub -Total
Contingency (10%)
Total
Note: Estimate is valid for 90 days from 5J22J2009
$36.00
$125.00
$30.00
$12.00
$37.00
765 $27,540.00
765 $95,625.00
765 $22,950400
765 $9,180.00
765 $28,305.00
$5,000.00
$10,000000
$10,000.00
$208,600.00
$21,400.27
$230,000.27
&C P eview
Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 5/5/2009
DATE: 5/5/2009 REFERENCE NO.: C-23499 LOG NAME: 20GOLDEN PIPE2
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Rescind M&C C-23396 Authorizing a Reimbursement Agreement with DDJET Limited,
LLP, and Authorize Execution of a Reimbursement Agreement with Texas Midstream Gas
Services, LLC, in the Amount of $230,000.27 for the Relocation of its Gas Pipeline for the
Widening of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377
RECOMMENDATION:
It is recommended that the City Council:
1. Rescind M&C C-23396 authorizing a Reimbursement Agreement with DDJET Limited, LLP; and
2. Authorize the City Manager to execute a Reimbursement Agreement with Texas Midstream Gas
Services, LLC, in the amount of $230,000.27 to relocate one pipeline crossing the proposed widening
of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377.
DISCUSSION:
On March 10, 2009, (M&C C-23396), the City Council authorized the City Manager to execute a
Reimbursement Agreement with DDJET Limited LLP. Subsequent to Council approval, it was
determined that DDJET Limited, LLP, sold the pipeline to Texas Midstream Gas Services, LLC.
Texas Midstream Gas Services, LLC, owns the eight inch natural gas pipeline in a private easement
crossing Golden Triangle Boulevard just west of North Beach Street. This gas pipeline needs to be
relocated to a deeper depth to allow for the construction of the proposed roadway and storm drain
improvements. Texas Midstream Gas Services, LLC, will install the new pipeline by directional bore
and remove the existing pipeline.
BACKGROUND
On September 6, 2005, (M&C C-20954) the City Council authorized the City Manager to execute
Engineering Services Contract No. 32378 with Teague Nall and Perkins, Inc., in the amount of
$355,275.00 for the schematic design of Golden Triangle Boulevard from Interstate Highway 35W to
US Highway 377 as a four -lane divided arterial street.
On December 12, 2006, (M&C C-21883) the City Council authorized the City Manager to execute
Amendment No. 1 with Teague Nall and Perkins, Inc., in the amount of $1,711,431.00 for the final
design of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377 for a total
contract cost of $2,066,706.00.
On August 19, 2008, (M&C C-22981) the City Council authorized the City Manager to execute
Amendment No. 2 with Teague Nall and Perkins, Inc., in the amount of $126,900.00 for the design of
waterline improvements along Golden Triangle Boulevard from Interstate Highway 35W to US
Highway 377 for a total contract cost of $2,193,606.00.
On September 30, 2008, (M&C C-23104) the City Council authorized the City Manager to execute a
Local Project Advance Funding Agreement with the Texas Department of Transportation for a
Surface Transportation Program -Metropolitan Mobility Project for Golden Triangle Boulevard from
Interstate Highway 35W to US Highway 377 and execute an Interlocal Agreement with Tarrant
FORT WORTII
--`�'�_
http://apps.cfwnet.org/councilpacket/mc review.asp?ID=11555&councildate=5/5/2009 5/6/2009
�, &C Review
Page 2 of 2
County for cost participation. The 2004 Capital Improvement Program (CIP) approved $7,300,000.00
for the design and construction of this project as a four -lane divided roadway. The Tarrant County
2006 Bond Program approved $7,300,000.00 and the North Central Texas Council of Governments
(NCTCOG) approved $11,000,000.00 in Federal funds.
This project is located in COUNCIL DISTRICT 2, Mapsco 21 L, 21 M, 21 R, 22N, 22P, 22Q, 22L, 22M,
and 23J.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Street Improvement Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office bx:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
20GOLDEN PIPE2 Vacinity Map.pdf
FROM Fund/Account/Centers
C200 541200 202230014071 $230,000.27
Fernando Costa (6122)
William Verkest (7801)
Jim Walker (8009)
http : //apps. cfwnet. org/councilpacket/mcreview.ssp?ID=115 5 5 &councildate=5/5/2009
5/6/2009