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HomeMy WebLinkAboutContract 43461 (2)1 EASEMENT RELOCATION AND REIMBURSEMENT AGREEMENT CITY SECRETARY I CONTRACT NO. ._ CITY OF FORT WORTH, TEXAS — BNSF RAILWAY TRACK INSTALLATION ALLIANCE AIRPORT RUNWAY EXTENSION PROJECT THIS AGREEMENT 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 l assistant city manager, as authorized by the City Council (M&C ,, ), and Crosstex North Texas Gathering, L.P. with a mailing address of 2501 Cedar Springs Drive, Dallas, Texas 75201 ("Crosstex"). WITNESSE T H: WHEREAS, Crosstex owns and operates natural gas pipelines and related facilities (the "Facility") in Tarrant County, Texas, that are a part of Crosstex's natural gas pipeline gathering and/or transmission 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 Crosstex relocate its Facility on certain tracts of land which are being acquired for the BNSF Tracks (the "Relocation"), in order to accommodate said Tracks; and WHEREAS, City is acquiring the property necessary to install the BNSF Tracks and has filed condemnation proceedings on some properties which will result in the acquisition of Crosstex's rights in its existing easements (the Existing Easements) where the Facility is located; and WHEREAS, City has agreed to acquire replacement Easements (the Replacement Easement) across various tracts of land for the relocation of the Crosstex Facility providing Crosstex with the same rights and privileges as contained in its Existing Easements for the construction, installation, operation, and maintenance of its Facility; and WHEREAS, Crosstex shall have the right to approve the Replacement Easement prior to execution by landowners, which approval shall not be unreasonably withheld; and WHEREAS, Crosstex has agreed to provide the Relocation services subject to payment for relocation costs as detailed herein and as generally depicted on Exhibit "A"; and WHEREAS, City has agreed to reimburse Crosstex for the costs and expenses for the engineering, construction, and field services for the Relocation project, estimated at $3,977,688.00 as shown on Exhibit "A" attached 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 Crosstex as follows: RECITALS: The recitals, above, are incorporated into this material elements germane to the Parties. Reimbursement Agreement City of Fort Worth & Crosstex North Texas Gathering, L.P. BNSF Railway track installation Page 1 of 6 Agreement insofar as they contain OFFICIAL ClECO . glifY SECIn ARY FT. WORTH, TX Jr``J,- 2 PO4:49 IN REIMBURSEMENT BY CITY: A. City agrees to pre -pay Crosstex $3 600,000.00 (equal to 90%) of the estimated cost for the Relocation, based on Exhibit A attached hereto. B Crosstex shall prepare, and City shall review, an estimated cost for the engineering, construction and field services necessary for the Relocation. The estimated Relocation cost is $3,977,688.00 (Exhibit "A"). The actual costs will be reimbursed by City to Crosstex (excluding the amount paid in Al above and excluding 5% per invoice which shall be withheld as retainage by City) within 30 days of presentation of a statement(s) showing actual costs and supporting documentation of work completed. a. Should the verified actual cost be greater than the estimated cost, City shall remit the difference to Crosstex within 30 days of the presentation of a statement showing actual costs and support materials. b. If the actual cost exceeds the estimated cost by more than 10 percent, City must obtain City Council authorization for the increased payment amount and shall not be bound to the 30 day payment requirement but shall seek said approval within a reasonable time C. City reserves the right to review and verify any presented invoice or statement for accuracy but may not challenge the amount of any charges paid by Crosstex absent fraud or collusion between Crosstex and its contractor(s). D. Crosstex shall submit to City within 45 days of completion a final accounting for all Relocation expenses incurred under this Agreement Upon verification, City will remit the retainage held. E 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. ACQUISITION OF REPLACEMENT EASEMENT: City shall acquire the Replacement Easement consisting of a Permanent Easement and if necessary, a Temporary Construction Easement, conveying to Crosstex the identical rights held under each of its Existing Easements which are affected by the Relocation. Not less than 30 days before execution of the Replacement Easement, City shall provide Crosstex with a copy of the proposed Replacement Easement for approval, which approval shall not be unreasonably withheld or delayed. The parties agree to cooperate to effectuate the terms of this Agreement. Crosstex shall not be required to begin work to relocate its facility until the City has recorded the replacement Easement in the Land Records of Tarrant County. Further Crosstex shall not be required to appear or file Objections to the Award of Special Commissioners in any condemnation action filed by the City or BNSF to protect its interests in its Existing Easements, as the City does hereby contractually agree to provide a replacement Easement for Crosstex INGRESS AND EGRESS: City hereby grants to Crosstex the right of ingress and egress across all lands owned, leased or controlled by City as may be reasonable and/or necessary for Crosstex to perform 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 Crosstex relating to the Relocation for up to one year after the date Crosstex completes the Relocation. Reimbursement Agi eement City of Fort Worth & Crosstex North Texas Gathering, L.P. BNSF Railway track installation Page 2 of 6 HOLD HARMLESS: City, its successor or assigns, shall hold Crosstex, its officers, agent, and employees harmless and free from any 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 install new BMSF Railway tracks. Crosstex, its successors or assigns, shall hold the City, its officers, agents, and employees harmless and free from any claims of damages which may occur arising out of Crosstex's, its succssors' and assigns' negligence or willful misconduct in connection with the Relocation. NO THIRD PARTY: This Agreement is solely for the benefit of the City and Crosstex, and neither the City nor Crosstex 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 Crosstex. 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 a District Court 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 & Crosstex North Texas Gathering, L.P. BNSF Railway track installation Page 3 of 6 IN WITNESS WHEREOF, this Agreement shall become effective as of the date it becomes fully executed by the parties. CITY OF FORT WORTH By: .ilo Fernando Costa Assistant City Manager Date: Approved as to Form and Legality Theodore P. Gorski, Jr. Assistant City Attorney M&C' C-25639 June 5, 2012 CROSSTEX NORTH TEXAS GATH L RI NG, L.P., A Texas Limited Partnership By: CROSSTEX ENERGY SERVICES, GP, LLC, Its general partner By: Ron W. Kerr Attorney in Fact, Vice President Land Date: 7/2S— Reimbursement Agreement City of Fort Worth & Crosstex North Texas Gathering, LP. BNSF Railway track installation Page4of 6 o.447 111.31)4t4?itc-cNcr& Ci Secreta %S it» ° �' e 0 id ACKNOWLEDGMENTS STATE OF TEXAS COUNT Y or @ALLAS § Before me, a Notary Public in and for said county and state, on this day of , 2012 personally appeared Ron W. Kerr, to me known to be the identical person p Y pp who subscribe) the name of the maker thereof to the foregoing instrument as Attorney in Fact of Crosstex North Texas Gathering, L.P., a Texas Company in its capacity as general partner of Crosstex Energy Services, GP, LLC, it's general partner, 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 my hand and official seal this the f day of _ _., , 2012. bA Notary Public( ) My Commission Expires: 1-18-2015 STATE OF TEXAS COUNTY OF TARRANT 4 3 s 41/2 I•IN it I 1 \ . /° ` `ff)[ C1 JD CfM *; NOTARY PUBLIC STATE ©r FCHAS t (P):i •/ P COMMISSION EXPIRED: 0 `1 01 8— 2 0 1 l •••iEOFt- `•...... . 4411?f f t.i JJJ JJ.1 too t'. . . . i s' 'v 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 theS day o , 2012. My Commission Expires: 77ge /5 Reimbursement Agreement City of Fort Worth & Crosstex North Texas Gathering, L.P. BNSF Railway track installation Page 5 of 6 otary Public 40.1 toP, e• £ •vo •i .e fib. ' • w SIP EVONIA DANIELS MY COMMISSION EXPIRE July 10, 2013 s EXHIBITS TO FOLLOW: LIST Reimbursement Agreement City of Fort Worth & Crosstex North Texas Gathering, L.P. BNSF Railway track installation Page 6 of 6 CROSSTEX ENERGY SERVICES BUSF Relocation Estimates Vann Cattle -Day SA 1H - relocate 695 feet of 4 inch pipe ROW Survey/Agent Labor Pipe, Valves, and Fittings 4" Line Pipe Inspection X=ray Production Downtime Sales Tax Contingency 695 14 5 1 feet days days days 10 /ft 50,000 /lot 14 /ft 850 /day 1,600 /day 3S0 8.250/a 15% Total Estimate 3,800 50,000 30,000 9,730 11,900 8,000 350 3,278 16,445 133,502 East Laprelle - relocate 3800 feet of 8 inch pipe ROW Survey/Agent/Drafting Installation Rock Ditch Pipe, Valves, and Fittings 8" Line Pipe 4" Line Pipe Inspection X-ray Paint Environmental Survey Production Downtime Sales Tax Contingency • Total Estimate 3800 4000 500 45 12 5 feet @ .feet @ days @ days @ days @ 2 days 10 /ft 255,000 /lot 32 14 850 1,600 1,500 $ 2,800 8.25% 15% /ft /ft /day /day $ 38,000 $ 255,000 $ 15,000 • $ 60,000 $ 128,000 $ 7,000 $ 38,250 $ 19,200 $ 7,500 $ 5,000 $ 5,600 $ 16,088 $ 81,083 Ashmore Farms/Bogus Trust - lower 200 feet of 8 inch pipe ROW Survey/Agent/Drafting Installation PipeValves, and Fittings 8" Line Pipe Inspection X-ray Environmental Survey Production Downtime Sales Tax Contingency Total Estimate 200 200 feet 10 days 5 days 2 days 10 /ft 50,000 /lot 32 /ft 850 /day 1,600 /day 750 /day 8.25a/o 150/0 $ 675,720 2,000 50,000 30,000 6,400 8,500 8,000 5,000 1,500 3,003 15,435 $ 129,838 Perryman - relocate 1750 feet of 10 inch pipe ROW Survey/Agent/Drafting Installation Pipe, Valves, and Fittings 10" Line Pipe Inspection X-ray Production Downtime Environmental Survey Sales Tax Contingency Total Estimate 1750 1750 35 10 2 feet days days clays 10 /ft 210,000 /lot 42 /ft 850 /day 1,600 /day 1,500 /day 8.25% • 150/a 17,500 210,000 75,000 73,500 29,750 16,000 3,000 5,000 12,251 60,638 $ 502,639 Alliance Chief - relocate 1400 feet of 24 inch pipe ROW Survey/Agent/Drafting Installation Pipe, Valves, and Fittings Stopple/Bypass Service 24" Line Pipe Inspection X-ray Environmental Survey Sales Tax Contingency Total Estimate 1400 2800 75 20 feet days days $ 10 /ft $ 1,250,000 /lot 125 /ft 850 /day 1,600 /day 8.250/0 15% Actual funds spent to date on potholing, survey, etc. $ 14,000 1,250,000 200,000 200,000 350,000 63,750 32,000 5,000 61,875 314,363 2,490,988 45 000.00 'Total: $ 3,977,686 I City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 6/5/2012 DATE: Tuesday, June 05, 2012 LOG NAME 55AFW RWY EXT UTILITY RELOC_CROSSTEX SUBJECT: Authorize Execution of a Construction Reimbursement Agreement with Crosstex Energy Services in the Amount of $3,977 686.00 for Relocation of Gas Pipelines as Part of the Runway Extension Project at Fort Worth Alliance Airport (COUNCIL DISTRICT 2) REFERENCE NO.: C-25639 RECOMMENDATION. It is recommended that the City Council authorize execution of a Construction Reimbursement Agreement with Crosstex Energy Services in the amount of $3,977 686.00 for relocation of gas pipelines as part of the Runway Extension Project at Fort Worth Alliance Airport. DISCUSSION: This Construction Reimbursement Agreement is required to pay for the relocation of certain Crosstex Energy Services (Crosstex) gas pipelines to allow for 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. Crosstex has a combined total of over 7800 linear feet of four -inch through 24-inch gas pipelines that will need to be relocated and/or lowered to allow for the relocation of the BNSF Collector track. The utility facilities will be relocated by Crosstex and it will be reimbursed for the agreed upon amount. Federal Aviation Administration funds from Runway Extension Grant 3-48-0296-40-2009 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 ten percent in -kind match. 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. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR14 539120 055218339700 $3.977.686.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Fernando Costa (6122) Logname: 55AFW RWY EXT UTILITY RELOC_CROSSTEX Page 1 of 2 LEGEND 111111111111111111 EXISTING CROSS TEX UTILITY LOCATION TO BE RELOCATED I / BNSF MAIN 210, BNSF MAIN 1 EXISTING NATURAL GAS CROSSING 8" CROSS TEX ENERGY OWNER TO VERIFY PERMIT & BNSF UTILITY ACCOMMODATION REQUIREMENTS TO BE LOWERED LOCATION MAP BNSF MAIN 2 RELOCATION CROSS TEX ENERGY UTILITY EXHIBIT-1 NATURAL GAS 4" CROSS TEX (JP 305-05) TO BE RELOCATED 41111.0104111 NOTE THIS PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEAGAL, ENGINEERING, OR SURVEYING PURPOSES. IT DOES NOT REPRESENT AN ON -THE -GROUND SURVEY AND REPRESENTS ONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTY BOUNDARIES. C8SX1 11 10031 ITTiLITY FXHIRTT- C'ROSSTF.X-1 din 5/17/2012 1 :5():0h PM LEGEND iiimosiou EXISTING CROSS TEX UTILITY LOCATION TO BE RELOCATED EXISTING NATURAL GAS - CROSSING 8" CROSS TEX ENERGY (JP 307-08) OWNER TO VERIFY EASEMENT & BNSF UTILITY ACCOMMODATION REQUIREMENTS TO BE RELOCATED EXISTING NATURAL GAS CROSSING 4" CROSS TEX ENERGY (JP 307-04) OWNER TO VERIFY PERMIT 8. BNSF UTILITY ACCOMMQ1111i10N REQUIREMENTS _111-8E-RetIICAYED • r LOCATION MAP BNSF MAIN 2 RELOCATION CROSS TEX ENERGY UTILITY EXHIBIT-2 NATURAL GAS • 6 " CROSS TEX ENERGY TO BE RELOCATED EXISTING NATURAL GAS • CROSSING 8" CROSS TEX ENERGY TO BE RELOCATED _ - �+- i s 1 I 1 - J J J i J. I -11 ate..---�'t �t ,.,.�; •armor .,., ---���-►.�:�. i ...?� �r. c � i ► i � i i i ) ► 'Of 'T .J � 1 ll—t r. t,, , t � , �..ti-ssm.�s:a�e- arse WO-•7r _»V- -.• •.r1.w• P-- -•t _ :...._. •" - ir•wr^+r.r�r,r-i r4 . — . 'r•-r�r-+---, -r M.. r.-e..r.�.c" NATURAL GAS CROSS TEX ENERGY 16" (JP 310) TO BE RELOCATED • NATURAL GAS 10" CROSS TEX ENERGY (JP 311-10) TO BE RELOCATED NOTE THIS PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEAGAL, ENGINEERING, OR SURVEYING PURPOSES. IT DOES NOT REPRESENT AN ON -THE -GROUND SURVEY AND REPRESENTS ONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTY BOUNDARIES. (8.5X1fl 10011 ITTiLiTY EXHIBIT- C'RnSSTEX-2.dgm 5/17/2012 1 :57717 PM tor LEGEND ■IIIUu■I*uu■ NATURAL GAS 6 " CROSS TEX ENERGY TO BE RELOCATED I I 1 • POSTING NATURAL GAS BOSSING 8" CROSS TEX ENERGY /TO BE RELOCATED EXISTING CROSS TEX UTILITY LOCATION TO BE RELOCATED 31; • NATURAL GAS 10" CROSS TEX ENERGY (JP 311.10) TO BE RELOCATED .7.) tit tittr AMR r At - 44. ! r,) �'•- , I _ LOCATION MAP BNSF MAIN 2 RELOCATION CROSS TEX ENERGY UTILITY EXHIBIT-3 • EXISTING NATURAL GAS CROSSING 10" CROSS TEX ENERGY (JP 311) OWNER TO VERIFY PERMIT E BNSF UTILITY ACCOMMODATION REQUIREMENTS TO BE RELOCATED 156..- NOTE THIS PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEAGAL, ENGINEERING, OR SURVEYING PURPOSES. IT DOES NOT REPRESENT AN ON -THE -GROUND SURVEY AND REPRESENTS ONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTY BOUNDARIES. (8.5X1fl 10011 T TT1[1Ll(r CROSSTF,X-3.dgm 5/17/20" 2_2:01 :39 PM