HomeMy WebLinkAboutContract 43088CITY SECRETARY 3 0
CONTRACT NO.
CONSTRUCTION
REIMBURSEMENT AGREEMENT
CITY OF FORT WORTH, TEXAS - BNSF RAILWAY TRACK INSTALLATION
ALLIANCE AIRPORT RUNWAY EXTENSION PROJECT
This Reimbursement Agreement ( "Agreement ") made this 29 day of
March , 2012, by and between Cowtown Pipeline Partners L.P., having its
principal place of business at 801Cherry Street, Suite 3400 Unit 20, Fort Worth, TX
76102 ( "Cowtown" or "Company ") and the City of Fort Worth, TX ( "City "), having its
principal place of business at 1000 Throckmorton, Fort Worth, TX 76102.
WITNESSETH:
WHEREAS, Company owns and operates an 8 -inch steel natural gas pipeline
(the "Facility ") in Tarrant County, Texas, said Facility being a part of Cowtown's
gathering 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, City agrees to reimburse Cowtown for the actual expenses incurred
by Cowtown related to the Relocation requested by City as shown on Exhibit " B "
attached hereto.
NOW, THEREFORE, in consideration of mutual promises contained herein, the
parties agree as follows:
RECITALS:
The recitals, above, are incorporated into this Agreement insofar as they contain
material elements germane to the Parties.
1. PROJECT DESCRIPTION: Cowtown agrees to provide the City a description of
the Relocation, as is more fully described in Exhibit A. The starting date will be fixed by
mutual agreement of the parties hereto and the work to be done shall be in accordance
with Exhibit A.
2. REIMBURSEMENT BY CITY:
A. City agrees to pre -pay Company $ 228,100.00 (equal to 100 %) of the
estimated maximum cost for the Relocation, based on Exhibit B 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 $228,100.00 (Exhibit " -D
These costs will be reimbursed by City to Company (excluding the
OFFICIAL RECORD
Reimhursement Agreement SECRETARY
(its of Fart Uorth K (m�trnn Pipeline Partners. 1 P �ITY
BNSF RailvAav tract. installation
Page 1 of 4 _err
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.
(i) 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.
(ii) 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 as promptly as
possible, not to exceed 15 days after receipt of Company's invoice.
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 within 30 days after receipt of Company's
invoice.
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.
3. USE OF CAUTION: The parties agree to exercise all due caution while causing
any work to be done near the Facility in order to prevent damages to the Facility.
4. DAMAGES: Notwithstanding any other provision of this Agreement, in no event
shall either party be liable to the other for any indirect, consequential or incidental
damages, including but without limitation, loss of revenue, loss of customers or loss of
profits arising from this Agreement and the performance or non - performance of
obligations hereunder.
5. HOLD HARMLESS AND INDEMNIFICATION: Cowtown agrees to indemnify
and hold harmless the City, its officers, agents and employees, against and from any
and all liability, loss 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 Cowtown to the extent such loss, damage or injury, is caused by the
negligence or willful misconduct of Cowtown or its agents or arises out of or in
connection with the Relocation on lands owned, leased or controlled by City. As a
necessary condition for such indemnity to be enforceable against Cowtown:
(i) Cowtown shall be notified in writing promptly of any and all claims,
liability, loss and expense for which City seeks indemnification from
Cowtown, and
(ii) (ii) Cowtown shall have sole control of the defense of any and all claims,
liability, loss and expense and all negotiations for their settlement or
compromise.
6. VENUE AND JURISDICTION: This Agreement shall be governed by the laws of
Reimbursement Agreement
( itv of Fort "orth X ( mktowi Pipeline Partners. f .P_
BNSF Raikka\ track installation
Page 2 of 4
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.
7. ASSIGNMENT: No party may assign its rights and obligations under this
Agreement without the prior written consent of the other party, which consent shall not
be unreasonably withheld, conditioned, or delayed.
8. BINDING NATURE: This Agreement shall be binding upon and inure to the
benefit of the parties to this Agreement and their respective heirs, executors,
administrators, personal representatives, legal representatives, successors and assigns,
subject to the provisions of Section 7.
9. 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.
10. 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.
11. SEVERABILITY: In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of the Agreement, and this Agreement shall be constructed as if such invalid, illegal, or
unenforceable provision had never been contained in the Agreement.
IN WITNESS WHEREOF, this Agreement shall become effective as of the date it
becomes fully executed by the parties.
Cowtown Pipeline Partners L.P. CITY OF FORT WORTH
By: Crestwood Gas Services Operating
GP LLC,
a Delaware limited liability company,
M
Date:
IFIA
By: '
Fernando Costa
Assistant City Manager
Date: /Is �z'
Recommended by:
Dougla W. Wiersig
Direc r, T /PW Departmen
Reimbur,sement Agreement
( itv of foil \�oilb & ( ovytov +n Pipeline Partner". I OFFICIAL RECORD
BNSU Railtiav tract. installation SECRETARY
Page 3 of 4 CITY
k FT. WORTH, TX
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Date: i< 3 f- I Z
RCIMNII- Selilent A-1- ee111ent
City of Fort Worth K C o��to�cn Pipeline Partners. L.P.
BNSF Railway track installation
Page 4 of 4
AMb-b as o F rm and Legality:
Douglas W. Black
Assistant City Attorney
Attest:
Mary J Kay e
City Secret �ooa'a���A�
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AVONDALE— HASLI?'I ROAD
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ReirnbUrsenlent Agreement
( itv of 1 ort korth & (o\kto\kn Pipeline Partner,, 1_P.
BNtiF RailNa_\ tract. installation
Page 4 of 4
Approved as to Form and Legality:
Douglas W. Black
Assistant City Attorney
Attest:
Mary J Kayser
City Secretary
Exhibit B
Cost Estimate
Crestwood Midstream P artners LP
Ct.resitqgd-
7/11/2011
John Day Line Relocate
John Day Line Relocate. Original project to expand the right of Way for the Keller Haslet / BNSF Expansion.
Revision: Received information for a more accurate estimate. 1,000' of 8" pipe and associated fittings and labor, To be 140%
reimbursed by the City of Fort Worth.
Coding
Description
Quantity Unit
Unit Cost
Amount
861.001
Mobilization/Demobilization
4 Lot
$2,500
$0
861.001
Base Lay - 8" OD Pipeline
1,400 ft.
$20
$24,000
861.001
Purge & Hydrotest
0 Lot
$1,000
$0
861.001
Test Station Assembly/ Installation
2 ea.
$500
$1,000
861.001
Clearing brush for ROW
4 ft.
$14
$0
861.001
Line Marker Assembly! installation
4 Lot
$500
$2,400
861.001
Line Crossing
4 ea.
$2,500
$0
861.001
Support & Paint
0 piece
$5,404
$0
861.401
As -built Survey
5 Day
$754
$3,750
Total:
$28,760
861.405
Miscellaneous / Extras
0 Lot
$2,504
$o
Total: '
80
861.006
Project Management
0 Lot
$1,400
$0
.Total: - -
80
861.007
Miscellaneous Materials & Freight @ approx 3%
0 Lot
$650
$0
Total:
$01 '
861.013
Pipe - 8 5/8" OD FBE
4 ft.
$44
$0
861.013
Pipe - 8 5/8" OD ARO
1,000 ft.
$54
$58,455
861.013
Rock Shield for 8" pipe
0 ft.
$6
$0
Total.
861.020
MlsceNaneous Fillings & Pipe for Pipeline, UR, MLV & etc.
4 Lot
$5,000
$21,650
Total:
861.021
Launcher -8"
0 Lot
$50,000
$0
861.021
Receiver - 8"
0 Lot
$50,000
$0
861.021
Install Launcher & Receiver- 8"
0 ea.
$50,000
$0
:Total:
80
861.022
Highway Crossings
0 ea.
$30,000
80
Total:
80'.
861.024
Ball Valve, 60011- 8"
0 ea.
$8,400
$0
Total:
S0
861.425
Engineering, Design, Drafting, &Permitting
0 Lot
$1,000
$0
Total:
80;
861.026
Directional Bores
1,400 ft.
$85
$85,000
Total:
$85,000
861.430
Site Restoration (Mulch, Seed, etc.)
0 Lot
$2,400
$0
861.030
Excavation
0 Day
$2,040
$0
Total:
80
861.045
Rock Ditch with Rock Shield Lay
0 ft.
$8
$0
Total:
$0
861.051
Inlet Separator (one for each sales meter)
0 ea.
$27,500
$0
Total:
80
Cost Estimate EXHIBIT A
Crestwood*
Crestwood Midstream Partners LP
efefWMNATM.MV
7/1112011
John Day Line Relocate
John Day Line Relocate. Original project to expand the right of Way for the Keller Haslet / SNSF Expansion.
Revision: Received Information for a more accurate estimate. 1,000' of 8" pipe and associated fittings and labor. To be 100%
reimbursed by the City of Fort Worth.
Coding
Description
Quantity Unit
Unit Cost
Amount
861.080
Sales Meter -12" Meter Skid
0 ea
$49,000
$0
861.080
Sales Meter - 6" Meter Skid
008
$23,000
$0
861.080
Sales Meter - 4" Meter Skid
0 ea
$12,500
$0
861.080
Sales Meter- 3" Meter Skid
0 ea
$9,700
$0
861.080
Gas Lift Meter - 2" Meter Skid
0 ea
$3,700
$0
851.080
Meter Installation
0 Lot
$4,000
$0
Total:
30
861.081
Flow computer
0 ea
$3,600
$0
Total:
$0
861.090
Rectifier Equipment
0 Lot
$30,000
$0
861.090
Rectifier Installation
0 ea.
$15,000
$0
Total: `
$0
861.093
Fabrication
0 Day
$7,500
$0
861.093
Construction Inspection
5 Lot
$1,500
$7,500
861.093
X -Ray Services
5 Day
$1,000
$5,000
Total:,
$12,$00
861.094
Erosion & Sediment Control Items
0 Lot
$1,000
$0
861.094
Aerial Survey
0 Lot
$15,000
$0
861.094
Environmental Compliance
0 ft.
$2
$0
.Total;
$0
864.001
Pipeline - Agent Services
0 Lot
$1,000
$0
Total .- _
$0
864.002
Pipeline - Legal Services
0 Lot
$1,000
$0
:Total:
50
864.003
Surveying
1,000 ft.
$3
$3,000
:Total:
864.004
Easement (ROW)
0 ft.
$20
$0
864.004
Lease - Meter Site (ROW)
0 Lot
$5,000.
$0
Total:
_ 50
864.025
Engineering Services - Acquisition
0 ft.
$1
$0
864.025
Engineering Services - On -Site Rep. During Construction
0 ft.
$1
$0
Total:
$0
Subtotal:
$207,355
861.005
Miscellaneous & Contingency @ 10%
$20,736
Subtotal:
$228,091
Total Estimated Cost:
$228,100.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/3112012.
DATE: Tuesday, January 31, 2012 REFERENCE NO.: **C -25423
LOG NAME: 55AFW RWY EXT UTILITY RELOCATION COWTOWN PIPELINE PARTNERS
SUBJECT:
Authorize Execution of a Utility Adjustment Agreement with Cowtown Pipeline Partners, L.P., in the Amount
of $228,100.00 for Relocation of a Gas 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 Agreement with Cowtown Pipeline
Partners, L.P., in the amount of $228,100.00 for 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 Cowtown Pipeline Partners, L.P. (Cowtown) 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.
Cowtown has an eight -inch gas pipeline that will need to be relocated to allow the lowering of Keller Haslet
Road and relocating the BNSF Collector track.
The utility facilities will be relocated by Cowtown and it will be reimbursed for the agreed upon amount.
Federal Aviation Administration funds from Runway Extension Grant 3 -48- 0296 -33 -2007 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
CERTIFICATIONS:
Submitted for City Manager's Office by:
FROM Fund /Account/Centers
GR14 539120 055218187720 $228,100.00
Fernando Costa (6122)
Logname: 55AFW RWY EXT UTILITY RELOCATION_COWTOWN PIPELINE PARTNERS Page 1 of 2
Originating Department Head: Kent Penney (5403)
Ruseena Johnson (5407)
Additional Information Contact: Patrick Buckley (2443)
ATTACHMENTS
1. Availabe Funds 218187.doc (CFW Internal)
2. Cowtown John Day relocate- Exhibit A.pdf (Public)
3. Utility FAR.pdf (CFW Internal)
Logname: 55AFW RWY EXT UTILITY RELOCATION_COWTOWN PIPELINE PARTNERS Page 2 of 2