HomeMy WebLinkAboutContract 44818 (2)- x
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CITY OF FORT WORTH AND TEXAS MIDSTREAM GAS SERVICES, LLC
MEMORANDUM OF UNDERSTANDING
Sycamore Park Bridge
This Memorandum of Understanding ("MOU") is entered into this �. �, day
of �'- :' ' '' �:�., k; 2013, by and between the City of Fort Worth, a Texas hoine-rule
muiiicipal coiporation ("City") and Texas Midsh�eam Gas Services, LLC ("TMGS") for
the puipose of inemorializing an agreement as recited below. The City and Texas
Midstream Gas Services, LLC may be referred to herein collectively as the "Parties" or
individually as a "Party"
RECITALS
WHEREAS, the City is designing and constructing the Sycamore Park Bridge
(`Bridge") as a part of the East Rosedale Street Improvements Project froin U.S.
Highway 287 to Miller Road; and
WHEREAS, TMGS has installed a natural gas pipeline ("Gas Pipeline") in the
vicinity of the Bridge under the terms of a certain license agreeinent by and between the
City and TMGS ("License"); and
WHEREAS, it was discovered that the Gas Pipeline's location conflicts with
certain structural elements of the Bridge; and
WHEREAS, by terms of the License, TMGS is required to relocate the Gas
Pipeline at its expense to accoimnodate the Bridge; and
WHEREAS, the City and TMGS agree that redesign of the Bridge's conflicting
sti-uctural elements is more cost effective and less time consuming than relocation of the
Gas Pipeline; and
WHEREAS, in lieu of relocation of the gas pipeline, TMGS will reimburse the
City for the additional costs of re-design and construction of the Bridge's structural
elements to avoid a conflict with the Gas Pipeline; and
WHEREAS, the purpose of this MOU is to inemorialize the agreement between
the Parties as described herein.
NOW, THEREFORE, for and in consideration of the above-recited statements
and for the good and valuable consideration expressed below, the Parties do hereby agree
as follows:
ARTICLE I
1.1 Redesign of Sycamore Park Bridge. The City shall cause the redesign of
the Bridge structure to avoid conflicting with the existing location of �1��-�i����'��1--i�=
� E�����ca��id�;tr�afr�i��as Seivices, LLC — Sycamore Park Bridge
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1.2 Construction of Redesi�ned Bridge. The City shall cause the construction
of the Bridge pursuant to the redesign documents.
ARTICLE II
2.1 Funding of Redesi�n and Construction Costs. TMGS shall reimburse
City, commensurate with the full execution of this MOU, in the amount of $74,606.82 for
redesign and construction costs.
ARTICLE III
3.1 Dispute Resolution. Should TMGS dispute any portion
actual construction costs presented, Texas Midstreain Gas Services
of the City's
shall pay the
undisputed poi�tions. Subsequently, the Parties shall meet in an effort to resolve the
dispute. Should there be a failure to resolve the dispute in this inanner, the Parties hereby
agree to submit the inatter to mediation prior to any formal legal action in a court of
competent jurisdiction.
IN WITNESS WHEREOF, the Parties have executed this MOU th�•ough their
duly authorized representatives, effective as of the last date written by a Party.
TEXAS MIDSTREAM GAS SERVICES, LLC
CITY OF FORT WORTH
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Myro4 Montoya �
Manager — Project Management
Date: September 11, 2013
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Attest:
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as to Form and Legality:
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Douglas �/. Black
Assistant City Attorney
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Mary J. Ka�
City Secretary
CFW-Texas Midstream Gas Services, LLC — Sycamore Parlc Bridge
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Page 2 of ;
Departinent of Transportation and
Public Works
M&C Review
Official site of th� City of Fort Worth, iexas
CITY COUNCIL AGENDA
Page 1 of 2
FORT��'ORTfI
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COUNCIL ACTION: Approved on 9/10/2013 - Ordinance No. 20893-09-2013
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DATE:
CODE:
9/10/2013
C�?
REFERENCE NO.: **C-26419
TYPE:
CONSENT
LOG NAME:
PUBLIC
HEARING:
20E ROSEDALE -
MIDSTREAM
NO
SUBJECT: Authorize Execution of an Agreement with Texas Midstream Gas Services, LLC, in the
Amaunt of $74,606.82 for Recovery of the City's Design and Construction Costs Resulting
from a Gas Pipeline Conflict with the Sycamore Park Bridge on East Rosedale Street and
Adopt Appropriation Ordinance (COUNCIL DISTRICT 8)
�_ - - -
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Agreement with Texas Midstream Gas Services, LLC, in the amount
af
$74,606.82 for recovery of the City's design and construction costs resulting from a gas pipeline
conflict
with the Sycamore Park Bridge on East Rosedale Street;
2. Authorize the acceptance of payment in the amount of $74,606.82 for the additional costs
associated
with the redesign and construction to remediate the gas pipeline conflict; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the
5treet Improvements Fund in the amount of $74,606.82.
DISCUSSION:
On February 12, 2013, (M&C C-26098) the City Council authorized execution of a contract with
Jackson Construction, Ltd, in the amount of $16,589,133.65 for the construction of East Rosedale
Street from Miller to U.S. Highway 287. The project includes the reconstruction of the east approach
of the Sycamore Park Bridge at the western limits of the project.
During construction, it was determined that a gas pipeline owned by Tex�s Midstream Gas Services,
LLC, is in conflict with the pier structure at the bridge approach being reconstructed in conjunction
with the ongoing East Rosedale project.
Texas Midstream Gas Services is required by its easement Agreement with the City to relocate the
gas pipeline at its expense to accommodate the bridge construction. TMGS has requested that it be
allowed to leave the gas pipeline in its current location in exchange for paying for all additional costs
associated with the redesign and construction of the proposed bridge approach. Staff and its design
consultant, Freese and Nichols, have reviewed TMGS's request and find it acceptable.
The anticipated construction changes will be accomplished through a construction change order with
Jackson Construction, Ltd.
FISCAL INFORMATION/CERTIFICATION:
The Financial Services Director certifies that upon approval of the recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current capital budget, as
http://www.fortworthgov.org/council�acket/mc review.asp?ID... 9/12/2013
M&C Review
Page 2 of 2
appropriated, of the Street Improvements Fund. Transportation and Public Works is responsible for
collection af these funds.
TO Fund/Account/Centers
� C200 531200 205230014230
� C200 541200 2p5230014230
2&3) C200 488100
205230014230
2&3) C200 488100
205230014230
$44,200.00
$30.406.82
$44,200.00
$30,406.82
Submitted for City Manaaer's Office bv:
Oriainating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Dena Johnson (7866)
ATTACHMENTS
20E ROASEDALE - MIDSTREAM 00142 C200 A013.doc
Sycamore Creek Bridge.pdf
http://www.fortworthgov.org/council�acket/mc review.asp?ID... 9/12/2013