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HomeMy WebLinkAboutContract 43563 (2)ENGINEERING AND/OR CONSTRUCTION REIMBURSEMENT AGREEMENT („MA-U1/40I h100 CITY OF FORT WORTH, TEXAS o I3NSF RAILWAY TRACK INSTALLATION! ALLIANCE AIRPORT RUNWAY EXTENSION PROJFG T 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, and DFNTON COUNTY ELECTRIC COOPERATIVE, INC., d/b/a COSERV ELECTRIC, with a mailing address of 7701 South Stemmons, Corinth, Texas 76210- 1842, Attention: Chief Executive Officer ("Company"). WITNESSE I H: WHEREAS, Company owns and operates certain overhead electricity lines and related facilities (the "Facility") in Tarrant County, Texas, said Facility being a part of Company's electricity distribution and delivery 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 Construction and Field Services for the Relocation project, estimated at $25,162.76 as shown on Exhibit "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 $25,162.76 (equal to 100%) of the estimated maximum cost for the Relocation, based on Exhibit B attached hereto. B. Company prepared, and City has reviewed and approved, the estimated cost for the Engineering and Construction and Field Services necessary for the Relocation. The estimated Relocation cost is $25,162.76 (Exhibit "B"). City agrees to reimburse to Company all actual costs incurred to complete the relocation. Such reimbursment (excluding the amount paid in the preceding paragraph A, above and excluding 5% per invoice which shall be withheld as retainage by City) shall be paid to Company 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 Reimbursement Agreement City of Fort Worth & CoSery Electric Alliance Runway Extension Utility Relocation Page 1 of 6 OFFICIAP 121LL (_WAI U Ut7C,oC UC , `li presentation of a statement showing actual costs and support materials. 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 and shall remit the approved amount within five (5) business days following City Council authorization. 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 City shall promptly review and approve (or contact Company for additional information if needed) the final accounting and promptly remit the retainage held following approval. 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 dunng normal business hours, to audit and obtain copies of the portions of the books, records, and accounts of Company relating specifically 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 expand Alliance Airport and/or install new BNSF Railway tracks. Company shall be liable for and shall promptly and fully compensate City for liabilities, claims and costs resulting from the negligent activities of Company employees, agents and/or contractors in connection with the Relocation. Company agrees to indemnify and hold harmless the City, its officers, agents and employees, against and from any and all liability, Toss and expense and shall defend all claims resulting from loss of life or damage or injury to persons or property directly or indirectly resulting from the 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 in connection with the Relocation. As a necessary condition for such liability and indemnity pursuant to this paragraph to be enforceable against Company: (i) Company must 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. 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, and Reimbursement Agreement City of Fort Worth & CoSery Electric Alliance Runway Extension Utility Relocation Page 2 of 6 there are not created by this Agreement, 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 uniess 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. S,IG,NATURE PAGE TO FOLLOW Reimbursement Agreement City of Fort Worth&CoSery Electric Alliance Runway Extension Utility Relocation Page 3 of 6 IN WITNESS WHEREOF, this Agreement shall become effective becomes fully executed by the parties. DENTON COUNTY ELECTRIC COOPERATIVE, INC. d/b/a CoSery Electric, a Texas electric cooperative corporation By:( _ Name:_cads R. Trivitt Title:'dentoEnerfry Seen/ices Date: .Rthi 6 / m&c: ifu/k Date: Reimbursement Agreement City of Fort Worth & CoSery Electric Alliance Runway Extension Utility Relocation Page 4 of 6 as of the date it CITY of FORT WORTH By: Date: Fernando Costa Assistant City Manager "Mai� Recommended by: fis,�- Douglas W. Wiersig Director, T/PW Department Approved as Form and Legality: Douglas V . Black Assistant City Attorney Attest: Mary J Kay er City Secretary x„:" rflp;,tr1t A4 ;c oey (c) 0000000' +a ?, PrIS "tA 00 0 0 OA 4° Ffn ll »LT?. ll i9 �� Ef ACKNOWLEDGMENTS STATE OF TEXAS ) )ss COUNTY OF DENTON ) Before me, a NotaryPublic in and for said countyand state, on this 02/`fit dayof _ AV6OS7 , 2012 personally appeared CPR -TLC %iP/V/ TT , to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as Sk. V./' SEXIOCas of Denton County Electric Cooperative, Inc., d/b/a CoSery Electric, a Texas electric cooperative corporation, 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 &/S*day of 4V60S7 , 2012 My Commission Expires: Y/c.L9/47O/8 STATE OF TEXAS ) )ss COUNTY OF TARRANT ) Notary Public iamb v YAR eel&t s�p�Y PGB�iN11.1. BaR of Texas MS • Public, Notary Expires Commission Y 2012 }s., . ti.v August 24, 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 the sia day • /..�1%� 2012. Notary Public My Commission Expires: *Ms-1.3 Reimbursement Agreement City of Fort Worth & CoSery Electric Alliance Runway Extension Utility Relocation Page 5 of 6 EVON 1ADANIELS MY COMMISSION EXPIRES 3 July 10, 2013 EXHIBITS TO FOLLOW LIST EXHIBIT A: Description of Relocation —To Be Provided EXHIBIT B: Description of Relocation Costs To Be Provided Reimbursement Agreement City of Fort Worth & CoSery Electric Alliance Runway Extension Utility Relocation Page 6 of 6 wwwecoservocom BILL TO: CITY OF FORT WORTH 1000 THROCKMORTON STREET FORT WORTH, TX 76102 LINE I LINE ITEM / DESCRIPTION Remit To: `" .`ls #. CoSery Electric 7701 South Stemmons Corinth, TX 76210=1842 Ph no: (940) 32107800 1 Relocate BNSF Main Line For Alliance Airport (City Project #00960) @ 10575 Sam Reynolds Rd, Justin 76247 1 _IL UANTITY I UOM 1 COMMENTS Please remit payment to the attention of Accounting at the address I above. Include the invoice number on your payment. Invoice NUMBER . -46003575 DATE 16-MAY-12 TERMS 90 Day Estimate EXPIRATION DATE 14-AUG-12 WORK ORDER NO. 201106317 REFERENCE JQUALLS i UNIT PR6M I EXTENDED PRICE Each 25,162.77 SUBTOTAL 25,162.77 TAX 0.00 25,162.77 TOTAL 25,162.77 ® Pricing is valid for 90 days and expires on expiration date above. ® No construction will commence until total amount is paid. • Easements, permits, and service agreements may also be necessary before construction will commence. ® This invoice is for construction only and does not reflect the fees associated with establishing an account for a new meter set. New Railroad R.O.W. Pin NOTES: 1. Before construction starts, Contractor shall meet with a CoSery representative. 2. Contractor to locate all utilities prior to commencement of construction. 3. No existing communications. 241' 258' #1/0 ACSR Pin - — — nrlsF l: o w 111 3 Switches to be moved to a new location per Coserv. Pin, 111111111 k 319' /ft/p'ACSR AGSR Pin 10' NsAil 1 n 2 (RT 0"38'5 /") \1 '1 1 206' 196' #1/0 ACSR B.N.S.F. RAILROAD RNSF R-O-W EXHIBITt\ LEGEND: • EXISTING POLE LOCATION PROPOSED POLE LOCATION RETIRE POLE LOCATION PROPOSED GUY LOCATION AY EXISTING THREE-PHASE OVERHEAD EXISTING OVERHEAD FACILITIES PROPOSED OVERHEAD FACILITIES RETIRE OVERHEAD FACILITIES ROADS FENCE GRAPHIC SCALE 0 100' 200' McCORD ENGINEERING INC. Texas Registered Engineering Firm F-2664 916 Southwest Parkway East College Station, TX 77840 THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF VISUAL REPRESENTATION ONLY. IT IS NOT TO DE USED IN CONJUNCTION WITH ANY OTHER LEGAL. DOCUMENT OR FOR ANY PURPOSE OTHER THAN THE AFOREMENTIONED. 1'=1a0 DRAWN by: REG COSERV ELECTRIC CIoesTRUCTIO TY OF FORTUWORTH (RAILROAD CROSSING) (W.O. #201106317-1 ) McCORD ENGINEERING, INC. 9f8 southwest Parkway East College station, Texas 77842 DATE: 12.8.11 JOB CODE: COS-2-1'.40 13.413� ISHEET NO 1 or 1 MEI-9644 R GJT 12-21-11