HomeMy WebLinkAboutContract 43538 (2)CONSTRUCTION
REIMBURSEMENT AG
E F MVI E N T
+;IxYSECRE'dARX
CONTRACTNO9. (., r�`
CO`a Y or FORT WORTH, TEXAS • BNSF RAILWAY TRACK INSTALLATION
ALLIANCE AIRPORT RUNWAY :O(TENSION 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
assistant city manager, as authorized by the City Council (M&C C-25412), and SUNOCO
PIPELINE, L.P., with a mailing address of P.O Box 5095, Sugar Land, Texas 77487-5095
("Sunoco") ("Company").
WITNESSETH:
WHEREAS, Company owns and operates a 16-inch diameter petroleum pipeline (the
"Facility") in Tarrant County, Texas, said Facility being a part of Sunoco's Ringgold to Corsicana
crude 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 Company reroute, adjust and/or take protective action on a portion of the Facility
(the "Relocation"), in order to accommodate the BNSF Tracks; and
WHEREAS, Company has agreed to provide the Relocation services subject to payment
for relocation costs as detailed herein as generally depicted on Exhibit "A"; and
WHEREAS, City has agreed to reimburse Company for the costs and expenses for the
Engineering and/or Construction and Field Services for the Relocation project, estimated at
$501,100 as shown on Fxhibit "B" attached hereto and made a part hereof; and
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter set forth, it is hereby agreed by and between City and Company as follows:
RECITALS:
The recitals, above, are incorporated into this Agreement insofar as they contain
material elements germane to the Parties.
REIMBURSEMENT BY CITY:
A. City agrees to pre -pay Company $0 (equal to 0%) of the estimated maximum
cost for the Relocation, based on Exhibit attached hereto.
B. Company shall prepare, and City shall review, an estimated cost for the
Engineering and/or Construction and Field Services necessary for the Relocation.
The estimated Relocation cost is $501,100 (Exhibit "B"). These costs will be
reimbursed by City to Company (excluding the amount paid in A, 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 Company within thirty (30) days of the
presentation of a statement showing actual costs and support materials.
Reimbursement Agreement
City of Fort Worth & Sunoco
Alliance Runway Extension Utility Relocation.) c _ 2 9 _ 2 ,� '� I N
Page 1 of 5
b. If the actual cost exceeds the estimated cost by more than Fifty Thousand
Dollars ($50,000), 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.
D. Company 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.
INGRESS AND EGRESS: City hereby grants to Company the right of ingress and
egress across all lands owned, leased or controlled by City as may be reasonable and/or
necessary for Company 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 Company relating to
the Relocation for up to two years after the date Company completes the Relocation.
HOLD HARMLESS AND INDEMNIFICATION: City its successor or assigns, shall hold
Company 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 install new BNSF Railway tracks. Company shall be liable for
and shall promptly and fully compensate City for liabilities, claims and costs resulting either from
the grossly negligent activities of Company employees, agents and/or contractors in the
performance of the Relocation.
NO THIRD PARTY: This Agreement is solely for the benefit of the City and Company,
and neither the City nor Company 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 Company.
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 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 & Sunoco
Alliance Runway Extension Utility Relocation
Page 2 of 5
IN WITNESS WHEREOF, this Agreement shall become effective as of the date it
becomes fully executed by the parties.
SUNOC
PIPELINE L.P., a Texas limited partnership
By: Sunoco Logistics Partners Operations
OP LLC, a Delaware limited liability
Company, as its general partner
By:
Date:
Todd M Stamm, Manager
Western Area Operations
Ict it /1_
M&C: C -2 rill
Date: Z Li % I 'Z
Reimbursement Agreement
City of Fort Worth & Sunoco
Alliance Runway Extension Utility Relocation
Page 3 of 5
CITY OF FORT WORTH
By:
Fernando Costa
Assistant City Manager
Date: a/zs/z
Recommended by:
DouglW. Wiersig
Director, T/PW Department
p
roved as to Form and Legality:
Muglas W.Black
Assistant City Attorney
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ftvlary J Kayser
City Secretary
gl\titzeittsNwncle
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACKNOWLEDGMENTS
STATE OF TEXAS
)ss
COUNTY OF ir\RI-
11,
and for said countyand state, on this i � � � day of A'aticAff3f
Before me, a Notary Public in y
2012 personally appeared Todd M. Stamm, to me known to be the identical person wao
subscribed the name of the maker thereof to the foregoing instrument as Manager, Western
Area 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 my hand and official seal this the UV day of at.v),LAISA , 2012.
My Commission Expires: le '
K IMBERLY ANN STENSVMG
MY COMMISSION EXPIRES
October 16, 2015
STATE OF TEXAS )
)ss
COUNTY OF TARRANT )
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 myhand and official seal this the 23 dayof 2012.
otary Public
My Commission Expires: 9•-/ne-R
k1.
"?i .si
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
Reimbursement Agreement
City of Fort Worth & Sunoco
Alliance Runway Extension Utility Relocation
Page 4 of 5
EXHIBITS TO FOLLOW:
Exhibit A — Drawing No. W-22002-C100003 dated 3/12/12
Exhibit B — Cost Estimate and Assumptions
Reimbursement Agreement
City of Fort Worth & Sunoco
Alliance Runway Extension Utility Relocation
Page 5 of 5
C4 ',arm RNROAW
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LEGEND
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CA ERISRNC NY SUNOCO PIPANE
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GENERAL NOTES
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ESSRVCIS' SUNOCO J
t• PR�OI INN NO TO.. =0MM 2-0 ASMC RONRINCED
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FROM O-F MNM UPC p ROOMED MOO lei NO #121
A PROPOSED O YC P W4A OOiIOi MN.
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ODOT 110. M
1 IMATM Of iK GON2NOMAL INC MYC FOR WGORL PRY.
W WIO CIX IACTUO OWL DC ROMMll[ FOR M WRC PIT COOL
PG DOA 311143M0&
CONStRUC110N UNITS
n7700 OCWn60 DCNMANCO
PIPE DATA:
MDR
100 op
FOE W//]G UItS MO COAARIG
MON
B 0 O
'II D • D'OW MT. AP1-5L-F42/52
iw1 MEs FO< WMIMG
5' WAMJTW a=cc
MAON 045 PIM
MOE
PRODUCT IRNT20 'JMRP CRUSE22201130C
MEMO. DOC
DAIW DAWD OR 1db STATE PLANE
COORDINATED 11.3 mM M. ix. NA bNELEVATIONS
WOW ROD CPS OOAIV 1O1C.
COAST 'A'
DFNTON COUNTY TEXAS
CRCCKET PEERY SURVEY. A-1031
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PROFILE
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\-PROPOSED fa' Pif1NE CC/ -I < E y.1.. PMFIN'E
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SCALE. 1 - SO HORD k VERT.
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762
740
730
I no
210'
ENGINEERING RECORD
PRAWN BY W.B.B
CMCMEO BY T,R.B.
APPROVED BY
DATE 02/1S/12
SCALE AS SHOWN
OLD DRAWING NO.
1 03/12/12
1REV. DATE
API,/
Sunoco Logistics
I Partners L.P.
DWG. NO.
VICINITY MAP
N.T 5,
FOR REVIEW
03-1412
TIN ••111sTkmil "Lb, SLOT MO
GENERAL REMSION
DESCRIPTION
16" Corsicana to Ringgold
PIPELINE - RELOCATIONS
BNSF Railroad Widening
Denton County Texas
W_22002_C100003
APPRVOVAI
1
Page 1 0f 2
MUSTANG ENGINEERWG, WC.
CLIENT: SUNOCO
PROJI{: 17336
G:\198721EsemateVl8 In Sunoco PL - BNSF RR-)Qno - Bore R-F.,dslEstinate F
COST ESTIMATE
Page 1 of 1
Revision F+
PROJECT: Sunoco - BNSF RR -Xing - 16" O.D., 0.500" wt, 200 Ft.
QUANTITY
QTY ( UNITS
I. ENGINEERING, PROJ. MGT., INSPECTION
A. Proj. Mgt., Engr., Drafting, Purch., Insp.
B. Programming
TOTAL I
II. RIW: LABOR TO ACQUIRE & PURCHASE COST
A. Labor to Settle Damages
B. Labor & Fees to obtain permits
C. Right of Way Payment
1. Pipeline - Damages
2. Station, Ground Bed Site - Fee Purchase
Field Office Expenses & Mileage
3. Field Survey - Dry Land
4. BNSF permit handling
TOTAL II
III. MATERIALS
A. Pipeline, Pig Traps, Block Valves, Tie -Ins
1. 16" Pipe, 0.500" W.T., X-52
FBE Coating for Pipe, 14 -16 mills avg.
2. ARO Coating for Pipe, 30 mills min.
3. Weld Ell, 45 Deg. 3DR, Seg., 16" O.D.
Heat Induction Bends
4. Cathodic Protection - New Rectifier Bed
5. Marker Signs
B. Pump Station
Pump & Motor, 800 HP , 2,500 BPH
Electrical Substation/Drop
C. Metering( For Both ends of Pipeline)
D. Freight on materials
E Misc.
F. Tax on Materials @ 8.25%
TOTAL III
IV. INSTALLATION
A. Pipeline, Pig Traps, Block Valves, Tie -Ins
1. Mobe & Demobe
2. RR & Hwy (Bore)
3. Test & Drain
4. Clean & Dry
5. Install Rectifier & Groundbed
Nitrogen Purge
6. X-Ray
7. Misc. paint, test leads , Fence, Gravel, etc.
B. Removal Cost
Remove existing 16" pipe
Cut, fill w/grout & cap
C. Metering
Foundation
Misc. paint, tests, etc.
D. Environmental
TOTAL IV
V. PROJECT INSURANCE
A. Builder's Risk
TOTAL V
VI. CONTINGENCY
A. Overall Project Contingency
TOTAL VI
NOTES:
0
0
1
7
1
12
0.25
0
5
80
240
240
4
0
1
1
0
0
8%
0%
8.25%
1
200
1
1
1
1
1
10
1
Lot
Lot
Man
Days
Lot
Rods
Acre
Months
Days
hours
Feet
Feet
Each
Each
Each
Lot
Each
Each
Rate
Rate
Rate
Lot
Feet
Lot
Lot
Lot
Lot
Crews
Days
Lot
1 Lot
1 Lot
0
0
2.50%
Each
Lot
Of A. - C.
5.00% of Basis
15.00% of Basis
GRAND TOTAL
UNIT COST
COST I UNITS
$300
$750
$10,000
$1,000
$100
$63.17
$12.97
$15,225
$30,000
$1,000
$110,200
$110,200
$60,000
$325
$3,000.00
$3,000.00
$30,000
$45,000
$1,000
$11,000
$20,000
$3,500
$250,500
$384,900
$435,700
/ Lot
/ Lot
/ Men -Day
/ Rod
/ Acre
/ Month
/ Crew -Day
/hour
/ Foot
/ Foot
/ Each
/ Each
/ Each
/ Lot
/ Each
/ Each
Basis
Basis
Basis
/ Each
/ Foot
/ Each
/ Each
/ Each
/ Each
/ Crew -Day
/ Lot
/ Lot
/ Lot
/ Each
/ Lot
Basis
Basis
Basis
MIMMMMI
14-Jun-12
04:32 PM
TOTAL
$0
$0
$0
$2,100
$5,000
$9,000
$2,500
$0
$5,000
$8,000
$31,600
$15,200
$3,100
$60,900
$0
$30,000
$1,000
$0
$0
$8,800
$0
$9,100
$128,100
$60,000
$65,000
$3,000
$3,000
$30,000
$45,000
$10,000
$11,000
$20,000
$3,500
$0
$0
$6,300
$256,800
$19,200
$65,400
$501,100
Exhibit B - Page 2 of 2
Assumptions Sunoco BNSF RR -Xing
ASSUMPTIONS: Sunoco - BNSF RR -Xing - 16" O.D. pipeline (410' HDD) R-El
Use 16" O.D. x 0.500" W.T. Gr. X-52 API5L Pipe, w/14-16 mils FBE & 30 mils ARO coating
Directional Drill to include new track expansion right of way only.
1
1
1
1
Assume 100' x 150' working space for directional drill rig & 100' x 450' for pipeline layout area.
Install new rectifier and anode bed.
Tie-ins with piggable 3 diameter radius fittings.
Abandon existing crossing in -place, fill with concrete grout and cap.
1
jMaintain 16' depth under RR tracks.
Some additional costs may be required for permits and access.
Temporary shoring not included.
Flagmen shall be provided, if required, as negotiated with BNSF Railroad.
1 J
Original Estimate did not include extra dollars for encountering rock. Based on new geotech info, we
now know that rock is in the area.
Page 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/24/2012
DATE: Tuesday, January 24, 2012 REFERENCE NO • **C-25412
LOG NAME* 55AFW RWY EXT UTIL RELOC_SUNOCO PIPELINE L P (CONSTRUCTION)
S UBJECT:
Authorize Execution of a Utility Adjustment Agreement with Sunoco Pipeline L.P., in the Amount of
$501,100 00 for Construction and Relocation of Its Pipeline as Part of the Runway Extension Project at
Fort Worth Alliance Airport (COUNCIL DISTRICT 2)
RECOMMENDATION.
It is recommended that the City Council authorize execution of a Utility Adjustment Agreement with
S unoco Pipeline L.P. in the amount of $501,100.00 to construct and relocate its pipeline as part of the
Runway Extension Project at Fort Worth Alliance Airport.
DISCUSSION:
On November 15, 2011, (M&C C-25286) City Council approved the reimbursement of expenses to
S unoco Pipeline L.P., (Sunoco) associated with the design portion of this project.
This Utility Relocation Reimbursement Agreement is required to pay for the costs and expenses for the
construction of the relocation of certain Sunoco pipelines to allow 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.
S unoco has a distribution line east of John Day Road at Station 19262-00 of the proposed BNSF Main
Line Relocation that must be relocated to allow BNSF to construct its new Main Line track
The utility facilities will be relocated by Sunoco 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 five 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 Airport Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 539120 055218187720 $501.100.00
Logname: 55AFW RWY EXT UTIL RELOC_SUNOCO PIPELINE L P (CONSTRUCTION) Page 1 of 2
CERTIFICATIONS:
Submitted for city Manager's Office by: Fernando Costa (0122)
Originating Department Head: Kent Penney (5403)
Ruseena Johnson (540?)
Additional Information contact: Patrick Buckley (2443)
ATTACHMENTS
1. 55AFW-SuncoMa df (Public)
2. Available Funds 218187.0f (CFW Internal)
3. Utility FAR.pdf (CFW Internal)
Logname: 55AFW RWY EXT UTIL RELOC_SLJNOCO PIPELINE L.P. (CONSTRUCTION) Page 2 of 2