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HomeMy WebLinkAboutContract 44057 (2)CITY SECRETARY I h CONTRACT NO. ENGINEERING AND/OR CONSTRUCTION REIMBURSEMENT AGREEMENT 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 assistant city manager, as authorized by the City Council (M&C C-25471), and NuStar Logistics, L.P., a subsidiary/affiliate of NuStar Energy, L.P. with a mailing address of P.O Box 781609, San Antonio, Texas 78278 ("Company"). WITNESSFTH: WHEREAS, Company owns and operates an 8" pipeline and pump station (the "Facility") in Denton County, Texas, said Facility being a part of Southlake Product Pipeline system (as shown on the map titled Exhibit 1 which is attached to Exhibit A); 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 described 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 $702,530.40 as shown on Exhibit "A" 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 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 $200,000.00 (equal to 28%) of the estimated cost for the Relocation, based on Exhibit A . 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 $702,530.40. 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. 1 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 & NuStar Logistics, L.P. Alliance Runway Extension Utility Relocation Page 1 of 6 OFFICIAL RECORD CITY SECPP2\K r )i--13 PO3:43 IN 2. 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 INSURANCE AND INDEMNIFICATION: Company agrees to endeavor to require its contractor to name City as an additional insured to any insurance policy carried by Company's contractor relative to and for the duration of the Relocation work. Company agrees to endeavor to require its contractor to defend, indemnify and hold harmless the City, its officers, agents and employees, against and from any and all damages, liability, loss and expenses in connection with loss of life or damage or injury to persons or property caused by work performed by Company to the extent such loss, damage or injury, is caused by the negligence or willful misconduct of Company or its agents. As a necessary condition for such indemnity to be enforceable against Company: (i) Company shall be notified in writing promptly of any and all claims, liability, loss and expense for which City seeks indemnification from Company, and (ii) Company shall have sole control of the defense of any and all claims, liability, loss and expense and all negotiations for their settlement or compromise. This section shall survive termination 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. Reimbursement Agreement City of Fort Worth & NuStar Logistics, L.P. Alliance Runway Extension Utility Relocation Page 2 of 6 IN WITNESS UVIEREOF, this Agreement shall become effective as of the date it becomes fully executed by the parties. NUSTAR LOGISTICS, L.P. By: NuStar GP, Inc., its General Partner By: Printed Name M Vice President AtELT2tAAC) U Date: iMt&M2t1 U. W\3 M&C. Date: Mary J City Secretary 'I5 0 C I cY000009 Cc) 00000(rie.irg ciero rci? 4 (-penal Reimbursement Agreement City of Fort Worth & NuStar Logistics, L.P. Alliance Runway Extension Utility Relocation Page 3 of 6 CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: /14/3 Recommended by: 2 Dougla§ . Wiersig Director, T/P Department A. •roved as to F_ m and Legality: Douglas W. Black Assistant City Attorney Attest: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STATE OF TEXAS )ss COUNTY OF BEXAR ACKNOkNLE©Gill1ENITS Before me, a Notary Public in and for said county and state, on this I � day of iiattaitAgki 201: ersonall appearedMak4A-te-1r2.t�. to me known to be the identical person who p Y pp I �� subscribed the name of the maker thereof to the foregoing instrument as Vice President of NuStar GP, Inc., General Partner of NuStar Logistics, L.P., and acknowledged to me that he/she executed the same as his/her 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 My Commission Expires: 5 • I Z • ZD 14 STATE OF TEXAS ) )ss COUNTY OF TARRANT ) I tth day ofi,4tJWkdL4 aM-1100 ary Public • , 2012. • MARTHA DOWLEARN Notary Public, State of Texas My Commission Expires May 12, 2014 -&..I r. • i 1. ' , +t . . 1 la , . •Inib •'414-1► 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 JY dayof 201 _ Notary Public My Commission Expires: 7' /0eel 5 .�1PF%i PO ,, ••••I g • 0•• • h - - .•: • •,iw. Reimbursement Agreement City of Fort Worth & NuStar Logistics, L.P. Alliance Runway Extension Utility Relocation Page 4 of 6 EVONIA DANIELS MY UOMMISS ION EXPIRES July 10. 2013 .. I. �.zb:f.4�{ . EXHIBITS TO FOLLOW: Exhibit A inclusive of Exhibit 1 Reimbursement Agreement City of Fort Worth & NuStar Logistics, L.P Alliance Runway Extension Utility Relocation Page 5 of 6 BNSF - Fat Worth, Texas NuStsr Logistics. LP Protect Cost Estimate Rev 'A' IWESI 11M 11M 11M 11M 11M 11M Material & Supplies line pipe-xwt HDD- 8' pipe coe11 ngg-fbe pipe coating-aro weld coating Induction bends freight ROW 17C land 17C feeacooles.exoenses Description Labor 2C sr project engineer 18C row agent 2C drafting 6C survey (preliminary) BC survey (project staking) 6C survey (as-bulits) 3L Inspection (1 inspectors) 3L pipeline in/out service (2 people) 7E Transportation traveVmeals&lodging Construction (to be performed by contractor under continuing contract) 11C mob/demob 11C line pipe -conventional lay i1C HDD 4C x-ray 11C hydrostatictest-pre test hydrostatic teat 11C tle-ins 23C nitrogen 22M sianaoe/CP/test leads 1 Salvage/Abandonment/Removal abandonment Miscellaneous 8C environmental study/Plan Installation 8C permit fees IRate/Unit I Unit I . Unfts I Rev. Project Total I $26.00 $2.50 $4.50 $35.00 S2,000.00 ft ft ft ea ea ft $10,000.00 ft $500.00 ea $100.00 $100.00 $65.00 $35,000.00 $1.200.00 500 500 500 13 2 2 1 hr 1080 hr 960 hr 85 unit 1 day 2 day 2 day 12 day 4 $1,000.00 ea $50,000.00 $160.00 $2,000.00 $2,000.00 $2,000.00 $20,000.00 $50,000.00 $5.000.00 20.00 ea ft ft day day day day ea ea 3 1 500 3 2 3 2 1 1 ft 500 $10,000.00 ea $2,000.00 ea 1 1 $12,500.00 $1,250.00 $2,250.00 $455.00 $4,000.00 Mel $20,000.00 $500.00 $108,000.00 $38,000.00 $5,626.00 $35,000.00 Inc Inc Inc $4,800.00 $0.00 $3,000.00 $50,000.00 $0.00 $76,000.00 $6.000.00 $4,000.00 $6,000.00 $40,000.00 $50,000.00 $5,000.00 $10,000.00 $10,000.00 $2,000.00 Total Project Estimate: $491,280.00 NuStar Overhead (10.0%) Contengenwy +1- 30% TOTAL TOTAL PROJECT ESTIMATE 1 ISub Total I $20.455.001 1 $20.600.001 $189.325.00! $3.000.001 $236.000.001 $10,000.001 $124000.001 S4911.290.001 $ 49,128.00 $162,122.40 $ 702,530.40 $ 702,530.40 LEGEND ulu■lI.*IuI EXISTING NUSTAR UTILITY LOCATION TO BE RELOCATED LOCATION MAP BNSF MAIN 2 RELOCATION NUSTAR UTILITY EXHIBIT-1 SAM REYNOLDS RD EXISTING FUEL LINE CROSSING 8" NUSTAR OWNER TO VERIFY PERMIT 8. BNSF UTILITY ACCOMMODATION REQUIREMENTS -iIi--3,..._ 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. (XISXT ) "_ 0031 UTILITY EXHIBIT- NUSTAR-1.dgn 12/5/20' 2 4'07: 1 1 PM M&C Review COUNCIL ACTION: Approved on 3/6/2012 DATE* 3/6/2012 REFERENCE NO.: CODE: C TYPE• CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Utility Adjustment Agreement with NuStar Energy, LP, in the Amount of $704,352.00 for Design and Construction Fees Associated with the Relocation of a Gas Pipeline as Part of the Runway Extension Project at Fort Worth Alliance Airport (COUNCIL DISTRICT 2) Page 1 of 2 Official site of the City of Fort Worth, Texas FORT WORTH **C 25471 LOG NAME: 55AFW RWY EXT UTILITY RELOCATION_NUSTAR (BNSF) RECOMMENDATION: It is recommended that the City Council authorize execution of a Utility Adjustment Agreement with NuStar Energy, LP, in the amount of $704 352.00 for design and construction fees associated with the relocation of a gas pipeline as part of the Runway Extension Project at Fort Worth Alliance Airport. DISCUSSION: This Construction Utility Relocation Reimbursement Agreement is required to pay for the relocation of certain NuStar Energy, LP (NuStar) gas 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. NuStar has gas pipelines that will need to be relocated to allow BNSF to construct their new Main Line Track and Collector Track. The utility facilities will be relocated by NuStar and NuStar will be reimbursed for the agreed -upon amount. Federal Aviation Administration funds from Runway Extension Grant 3-48-0296-43-2011 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. A waiver of the DBE goal was requested by the Aviation Department and approved by the M/WBE Office. This work will be done by NuStar and not the City of Fort Worth. 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. TO Fund/Account/Centers FROM Fund/Account/Centers GR14 539120 055218517730 $704.352.00 Submitted for Citv Manager's Office bv: Fernando Costa (6122) http://apps.cfwnet.org/council_packet/mc review.asp?ID=16494&councildate=3/6/2012 1/15/2013 M&C Review Page 2 of 2 Oriainatina Department Head: Bill Welstead (5402) Additional Information Contact: ATTACHMENTS 00960 Proiect Map.pdf Ruseena Johnson (5407) Patrick Buckley (2443) http://apps.cfwnet.org/councilpacket/mc review.asp?ID=16494&councildate=3/6/2012 1/15/2013