HomeMy WebLinkAboutContract 62776CONSTRUCTION
REIMBURSEMENT AGREEMENT
CSC No. 62776
CITY OF FORT WORTH, TEXAS -Grand Avenue Outfall 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, and Atmos Energy Corporation, authorized to do business in Texas
("Company").
WIT N E S S ET H:
WHEREAS, Company owns an abandoned steel gas pipeline (the "Facility") in Tarrant
County, Texas; and
WHEREAS, City is participating in Grand Avenue Outfall Project ("Project") as depicted
on Attachment "A" and City has requested that Company remove a portion of the Facility (the
"Removal"); and
WHEREAS, Company has agreed to provide the Removal subject to payment for
reimbursement costs as detailed herein as generally depicted on Attachment "B" attached
hereto and made a part hereof; and
WHEREAS, City has agreed to reimburse Company for the costs and expenses for the
Construction removal, estimated at $190,579.00 as shown on Attachment "B";
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 $190,579.00, the estimated cost for the Removal,
based on Attachment B; and if the actual costs exceed the estimated cost for the
Removal, City agrees to pay such difference to Company.
B.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 Removal.
AUDIT: Where required for a valid City purpose, City shall have the right, upon reasonable
notice and during normal business hours, to audit and obtain copies of the books, records, and
Reimbursement Agreement
City of Fort Worth & Atmos Energy Corporation
Gas Pipe Removal
Page 1 of5
accounts of Company directly relating to the Removal for up to two years after the date Company
completes the Removal. Company shall have the right to place reasonable confidentiality
restrictions on any information or documents obtained by City.
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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.
SIGNATURE PAGE TO FOLLOW
Reimbursement Agreement
City of Fort Worth & Atmos Energy Corporation
Gas Pipe Removal
Page 2 of 5
IN WITNESS WHEREOF, this Agreement shall become effective as of the date it becomes
fully executed by the parties.
CITY OF FORT WORTH
Jesica McEachern
Assistant City Manager
Date: 02/10/2025
Recommended by: if��
Lauren Prieur (Jan 31, 2025 17:36 CST)
Lauren Prieur
ATMOS ENERGY CORPORATION
Jacob Lindsay
Director of Engineering
Date: 01/31/2025
Director, Transportation & Public Works Department
Approved as to Form and Legality:
Douglas Black (Feb 7, 202512:30 CST)
Douglas W. Black
Assistant City Attorney
Attest:
Jannette Goodall
City Secretary
Contract Compliance Manager
M&C: 25-0060
Date: 01/28/2025
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contra includin suring all performance and reporting requirements.
By:
Title: Senior Capital Projects Officer
Reimbursement Agreement
City of Fort Worth & Atmos Energy Corporation Gas Pipe Removal
Page3 of5
Name: Clair C. Davis
ATTACHMENT A
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Reimbursement Agreement
City of Fort Worth & Atmos Energy Corporation
Gas Pipe Removal
Page 4 of 5
ATTACHMENT B
Please see below for a summary of costs to remove Atmos Energy's 24" steel pipeline to
accommodate the City of Fort Worth's Grand Avenue Outfall Project in the area.
Materials = $6361
Company Labor = $2780
Contract Labor = $136,453
Overheads & Taxes = $44,984.95
Total = $190,579
Reimbursement Agreement
City of Fort Worth & Atmos Energy Corporation
Gas Pipe Removal
Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, January 28, 2025 REFERENCE NO.: ��M&C 25-
0060
LOG NAME: 03REIMBURSEMENT AGREEMENT ATMOS SEGMENT A
SUBJECT:
(CD 2 and CD 9) Authorize Execution of a Reimbursement Agreement with Atmos Energy
Corporation in an Amount Up to $190,669.00 for a Gas Pipeline Removal to Accommodate the
Grand Ave Outfall Project, Adopt Appropriation Ordinance, and Amend the Fiscal Years 2025-
2029 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a reimbursement agreement with Atmos Energy
Corporation in an amount up to $190,669.00 for a gas pipeline removal to
accommodate the Fort Worth Central City Grand Ave Outfall project;
2. Adopt the attached appropriation ordinance increasing estimated receipts and
appropriations in the Grants Capital Project Other Fund, subject to the receipt of the
grant, in the amount up to $190,669.00 for the purpose of funding the FW Central
Utility Relocates project (City Project No. 105935); and
3. Amend the Fiscal Years 2025-2029 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor & Council Communication is to authorize the execution of a
reimbursement agreement with Atmos Energy Corporation for the removal of a gas pipeline to
accommodate the Grand Ave Outfall project and adopt an appropriation ordinance to fund the
same. The agreement is in the amount of $190,669.00; however, the actual amount will be
based on the final invoiced costs for the work performed. All franchise utilities must be
removed from the flood control project area prior to construction by the U.S. Army Corps of
Engineers.
At the roadway intersection between Main St and Grand, the City is installing 3 72" RCP
Storm Drain pipes within 110" Steel Tunnel Liner Plate. Atmos Energy Corporation has an
abandoned gas pipeline that runs perpendicular to the proposed 72" RCP directly in conflict
with them. The 24-inch high-pressure Steel pipeline was relocated over 10 years ago in
preparation for this project while the originalline was abandoned in place. Atmos Energy
Corporation needs to remove the abandoned pipeline within city right-of-way. The City is
responsible for the costs associated with this removal because of the City's project design.
FLTNDING: In accordance with the provisions of the Interlocal Agreement between the City of
Fort Worth and the Tarrant Regional Water District (TRWD) City Secretary Contract Number
43425-A1, and pursuant to the Trinity River Vision Authority Project Plan, the City of Fort
Worth is eligible to be reimbursed for costs considered to be Fort Worth Central City-related
work (formally known as Trinity River Vision-related work).
These expenses will be reimbursed by Tarrant Regional Water District (TRWD) through
available funds with no net expense to the City. This is a reimbursement grant and the
application has been added to the grant repository.
DVIN-BE: This work is exempt from the City's Business Equity Ordinance. Atmos Energy
Corporation will be self-performing the entire scope of the contract.
This project is located in COUNCIL DISTRICTS 2 and 9.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in the current capital
budget, as appropriated, in the Grants Capital Project Other Fund. The Transportation and
Public Works Department (and Financial Management Services) will be responsible for the
collection and deposit of funds due to the City. Prior to an expenditure being incurred, the
Transportation and Public Works Department has the responsibility to validate the availability
of funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Account Project ProgramActivity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project ProgramActivity Budget Reference # Amount
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for Citv Mana�er's Office bv: Dana Burghdoff (8018)
Ori�inating Department Head:
Additional Information Contact:
Christianne Sitnmons (6222)
Clair Davis (7893)
ATTACHMENTS
1. Atmos Reimbursement Agreement New.docx (CFW Internal)
2. Contract 43425-A1 (2).pdf (CFW Internal)
3. M_C Ma� GrandAve_AtmosRelocation.�df (Public)
4. ORD.APP 003DISCRETIONARY SERVICE AGREEMENT ATMOS.DOCX (Public)