HomeMy WebLinkAboutContract 42624CITY SECRETARY
CONTRACT NO. 4-L(ol A
REIMBURSEMENT AGREEMENT
CITY OF FORT WORTH, TEXAS — BNSF RAILWAY TRACK INSTALLATION
THIS AGREEMENT is made and entered into by and between the CITY OF FORT
WORTH, a Texas home -rule municipal corporation, by and through its duly authorized assistant
city manager, with a mailing address of 1000 Throckmorton Street, Fort Worth, Texas 76102
( "City ") and SUNOCO PIPELINE L.P., a Texas limited partnership with a mailing address of
P.O. Box 5095, Sugar Land, Texas 77487 -5095 ( "Sunoco ").
WITNESSETH:
WHEREAS, Sunoco owns and operates a 16 -inch diameter petroleum pipeline (the
"Pipeline ") in Tarrant County, Texas, said Pipeline 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 Sunoco reroute, adjust and /or take protective action on a portion of the Pipeline
(the "Relocation "), in order to accommodate the BNSF Tracks; and
WHEREAS, Sunoco has agreed to provide the Relocation services subject to advance
payment for construction costs which will be covered in a separate agreement; and
WHEREAS, City has agreed to reimburse Sunoco for the costs and expenses for the
Engineering and Field Services for the Relocation project, estimated at $70,959 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 Sunoco as follows:
PAYMENT BY CITY: Upon presentation of a preliminary invoice, City shall pay in
advance to Sunoco the estimated cost of $70,959 for the Engineering and Field Services cost
for the Relocation. Should the actual cost be greater than the estimated cost, City shall remit
the difference to Sunoco within thirty (30) days of the presentation of a statement showing
actual costs and support materials. Provided, however, if the actual cost exceeds the estimated
cost by Twenty -five Thousand Dollars ($25,000), City must obtain City Council authorization for
the increased payment amount and shall not be bound to the thirty -day payment requirement
but shall seek said approval within a reasonable time.
INGRESS AND EGRESS: City hereby grants to Sunoco the right of ingress and egress
across all lands owned, leased or controlled by City as may be reasonable and /or necessary for
Sunoco to perform the Relocation.
AUDIT: City shall have the right, upon
hours, to audit and obtain copies of the books,
Relocation.
Reimbursement Agreement
City of Fort Worth & Sunoco Pipeline L.P.
BNSF Railway track installation
Pagel of 3
reasonable notice and during normal business
records, and accounts g o e
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
„ . ,
HOLD HARMLESS: City, its successor or assigns, shall hold Sunoco 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. Further, Sunoco shall not be liable for any damages
to the surface of the land, plants, grass, shrubbery, trees or any other improvements resulting
from the Relocation or the installation of the BNSF Tracks, except that Sunoco shall be liable for
and shall promptly and fully compensate City for liabilities, claims and costs resulting either from
the negligent activities of Sunoco employees, agents and /or contractors or from spillage or
discharge of petroleum products or other hazardous substance from the Pipeline.
NO THIRD PARTY: This Agreement is solely for the benefit of the City and Sunoco,
and neither the City nor Sunoco 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 Sunoco.
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.
IN WITNESS WHEREOF, this Agreement shall become effective as of the date it
becomes fully executed by the parties.
SUNOCO PIPELINE L.P., a Texas limited partnership
By: Sunoco Logistics Partners Operations GP LLC,
a Delaware limited liability company,
as its general partner
B��i�_ —
Todd W. Stamm, Manager,
Western Area Operations
Date: J D ID l
Approved s to Form and Legality:
Douglas W. Black
Assistant City Attorney
Reimbursement Agreement
City of Fort Worth & Sunoco Pipeline L.P.
BNSF Railway track installation
Page 2 of 3
CITY OF FORT WORTH
By-7��
Fernando Costa
Assistant City Manager
Date: // zr �i
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M�� City Secretary
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Date: � 1 15 1 k
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OFFICIAL RECORD
i CITY SECRETARY
FT. WORTH, TX J
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ACKNOWLEDGMENTS
STATE OF TEXAS )
)Ss
COUNTY OF FORT BEND )
B fore me, a Notary Public in and for said county and state, on this Ada day of
�' ezr , 2011 personally appeared Todd M. Stamm, to me known to be the
identical person who 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 0 of (�C l� 2011.
_L_!'day
otary ff lic
My Commission Expires: 5 -4
<►�Y KIM STENSVAAG
s t Notary Public
� 0 STATE OF TEXAS
My Comm. Exp. 10 -15 -11
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 my hand and official seal this the � day of , 2011.
1
Notary Public
My Commission Expires: � "
pyWY � MALENA �
File No. RC -150 Notary rrdFd'ICI RECORD
STATE 0 6S CRETARY
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Reimbursement Agreement _ ._ My Comm. Exp. /�
City of Fort Worth & Sunoco Pipeline L.P. `
BNSF Railway track installation
Page 3 of 3
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City of Fort Worth, Texas
Mayor and Council, Communication
COUNCIL ACTION: Approved on 11/15/2011
DATE: Tuesday, November 15, 2011 REFERENCE NO.: * *C -25286
LOG NAME: 55AFW RWY EXT UTILITY RELOCATION—SUNOCO PIPELINE L.P.
SUBJECT:
Authorize Execution of a Utility Adjustment Agreement with Sunoco Pipeline L.P., in an Amount of
$70,959.00 for Design of the 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
Sunoco Pipeline L.P., in an amount of $70,959.00 for design of the relocation of its pipeline as part of the
Runway Extension Project at Fort Worth Alliance Airport.
DISCUSSION:
This Utility Relocation Reimbursement Agreement is required to pay for the costs and expenses for the
design of the relocation of certain Sunoco Pipeline L.P. (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.
Sunoco has a distribution line east of John Day Road at Station 19262 -00 of the proposed BNSF Main
Line Relocation that will need to be relocated to allow BNSF to construct their 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 Airports Grant Fund.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
FROM Fund /Account/Centers
GR14 539120 055218339700
Fernando Costa (6122)
$70,959.00
Logname: 55AFW RWY EXT UTILITY RELOCATION_SUNOCO PIPELINE L.P. Page 1 of 2
a
Orictinating Department Head: Kent Penney (5403)
Ruseena Johnson (5407)
Additional Information Contact: Patrick Buckley (2443)
ATTACHMENTS
1. 55AFW- SuncoMap.pdf (Public)
2. Avail funds 218339.doc (CFW Internal)
3. Sunoco FAR.pdf (CFW Internal)
Logname: 55AFW RWY EXT UTILITY RELOCATION_SUNOCO PIPELINE L.P. Page 2 of 2