HomeMy WebLinkAboutContract 63159CSC No. 63159
REIMBURSEMENT AGREEMENT
Atmos Energy Corporation, ("Company") and City of Fort Worth ("Applicant"), whose
address is 100 Fort Worth Trail, Fort Worth, Texas 76102, for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, agree as follows:
1. Company Will install a 4 inch IP PE main in 8 inch steel casing and a 2 inch Ip Pe service
line to serve the NW Fort Worth Community Center (the "Project").
2. Upon execution of this Agreement, Applicant will deposit with Company $140,000
which is equal to the preliminary Estimate for the Project. Within 120 days after the
completion of the Project, Company will forward a statement to Applicant setting forth
the total of the actual costs incurred by Company for the Project. If said actual costs are
in excess of said Estimate, then Applicant will, within 30 days after receipt of such
statement, reimburse Company for all such additional costs not to exceed 120% of
estimate. If the statement establishes that the actual costs for the Project were less than
the Estimate, then Company will, together with the statement, refund to Applicant the
difference between the actual costs for the Project and the Estimate.
3. If easements are required, Applicant will provide Company two executed and notarized
originals of the easement. Applicant will provide Easement exhibits in the form of a
certified (Texas Registered Professional Land Surveyor) plat and metesibounds
description of the new easement. In addition, Applicant agrees to provide Company
necessary temporary working easement and access to easement in order to design &
construct Project.
4. Company's obligation to undertake the Project is subject to applicable laws, rules, and
regulations of governmental authorities and to any delay occasioned by force maj eure or
events or conditions of whatever nature, which are reasonably beyond Company's
control. Applicant understands that Company will not be obligated or required to
undertake the Project prior to the construction of projects covered by contracts and
authorizations that were entered into by Company prior to the date of execution of this
Agreement by Company (the "Effective Date"), the construction of projects required to
be constructed by the provisions of Company's ftanchise, or construction or repair
required to maintain existing service.
5. Applicant will be responsible for any landscape restoration work required after Company
has completed the Project, unless specifically stated in the project scope. Applicant
agrees to hold Company harmless from any and all claims, demands, or judgments by
other parties as a result of such restoration.
6. Title to the Project, including appurtenances, connections thereto, and extensions thereof,
and including the right to use, operate, and maintain the same, will forever be and remain
exclusively and unconditionally vested in Company, its successors and assigns.
7. Applicant will be responsible for any additional costs incurred by Company because of
Applicant's failure to perform any of the obligations required of Applicant under this
Agreement.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
8. THIS AGREEMENT WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF TEXAS, IRRESPECTIVE OF ANY CONFLICT OF LAWS
PROVISIONS.
9. In no event will any Parry be liable to any other Parry or any third parry for any
incidental, special, indirect, consequential, punitive, or exemplary damages that might
occur as a result of, relating to, or arising out of the Parry's obligations under this Letter
Agreement.
10. This Agreement constitutes the final expression of agreement between the parties and
parol or extrinsic evidence is inadmissible to explain, vary, or contradict the express
terms of this Agreement.
If the foregoing terms are acceptable to Applicant, please indicate by signing two (2) copies of
this Reimbursement Agreement in the spaces provided below and return both to this office for
execution by Atmos Energy. It is understood and agreed that this Reimbursement Agreement is
conditioned on the approval of Atmos Energy's management as evidenced by Atmos Energy's
execution in the space provided below. Following Atmos Energy's execution, one (1) fully
executed original of this Letter Agreement will be returned for your file.
City of Fort Torth
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By: Valerie Washington (Apr 23, 2025 14:03 CDT)
Printed Name: Valerie Washington
Title: Assistant Ci Manager
Date: 04/0 /2�025
Atmos Energy Corporation
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By: R.,hh" nr� lonr 2.2 2 5 i n.nC rnT)
Printed Name: Bobb'r(i
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Title: Proiect Manager
Date: 11-25-2024
Executed effective as of the date signed by he Assistant City Manager below.
FORT WORTH:
City of Fort Worth
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By:'alerie Washington (Apr 23, 2025 14:03 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: 04/23/2025
Approval Recommended:
By:
Name: Marilyn Marvin
Title: Director, Property Management Dept.
Attest:
By:
Name:
Jannette Goodall
Title:
City Secretary
VENDOR:
Atmos Energy
By: NA
Name: Bobby Oney
Title: Project Manager
Date: NA
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Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: N i kJ?flr 22, 202512:54 CDT)
Name: Nikita Watts
Title: Senior Capital Projects Officer
Approved as to Form and Legality:
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By: Dou Etas Black (Apr 23. 2025 13:47 CDT)
Name: Douglas Black
Title: Senior Assistant City Attorney
Contract Authorization:
mc: 25-0286
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1
REMIT TO and MAKE CHECK PAYABLE TO:
Atmos Energy Corporation
585 Westport Freeway, Haslet, Texas 76177
Attn: Bobby Oney
Fax:
Customer: City of Fort Worth
Name: City of Fort Worth
Address: 100 Fort Worth Trail
City: Fort Worth State: Tx Zip: 76102
ATTN: Ronald Clements
INVOICE
Project # 080.87556
Date: Monday, April 21, 2025
Qty Description Unit Price Total
$140,000
Extend 4 inch IP PE main in 8 inch steel casing
across
FM 156 and install 2 inch IP PE service line to
serve
The City of Fort Worth NW Community Center
Total Due
Upon Receipt $140,000
* Remit payment to the above address.
* Please include the Project # on your check.
b If you have any questions about this invoice
please contact Bobby Oney at
214/549/7144
2
M&C Review
Page 1 of 3
A CITY COUNCIL AGEND
Create New From This M&C
Official site of the City of Fort Worth, Texas
FORTI ORTH
DATE: 4/8/2025 REFERENCE NO.: **M&C 25- LOG NAME: 80BETSY PRICE CC GAP
0286 ELIMINATION
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 7) Reallocate $450,000.00 in Residual Balance from the Substantially Complete
Diamond Hill Community Center Project to the Betsy Price Community Center Project;
Authorize Reimbursement Agreement with Atmos Energy in the Amount of
$140,000.00 for Service Line Extension for the Betsy Price Community Center; Authorize
Amendment Number 2 with CMJ Engineering in the Amount of $9,093.54, Bringing Total
Contract Amount to $108,459.85; Adopt Appropriation Ordinance and Amend the Fiscal
Years 2025-2029 Capital Improvement Program (2018 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the reallocation of $450,000.00 of an estimated $629,104.70 residual balance from
the substantially complete Diamond Hill Community Center project (City Project No. 101652)
in the 2018 Bond Program to the Betsy Price Community Center project (City Project No.
101650) in the same bond program;
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the 2018 Bond Fund in the amount of $450,000.00, by increasing appropriations in the
Betsy Price Community Center project (formerly known as the Northwest Community Center)
(City Project no. 101650), and decreasing appropriations in the Diamond Hill Community
Center project (City Project No. 101652) by the same amount;
3. Authorize the execution of a reimbursement agreement with Atmos Energy Corporation in an
amount not to exceed $140,000.00 for a gas pipeline extension under Blue Mound Road to
accommodate service to the Betsy Price Community Center project;
4. Authorize an amendment in the amount of $9,093.54 to the agreement with CMJ Engineering
for the Betsy Price Community Center project, bringing the total contract amount to
$108,459.85; and
5. Amend the Fiscal Years 2025-2029 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to take actions to reallocate
$450,000.00 in residual bond funding from the substantially complete Diamond Hill Community Center
to the Betsy Price Community Center (fka Northwest Community Center), both of which are projects in
the 2018 Bond program.
In 2018, Fort Worth voters approved the issuance of $84,180,600.00 of property -tax -backed public
securities (bonds) for park and recreation improvements, including community centers. The bond
booklet circulated in advance of the election noted that $28,710,000.00 of that amount was allocated
for community centers, with $9.9 million planned for use on the Diamond Hill Community Center and
$10 million for the Northwest Community Center, which has since been renamed the Betsy Price
Community Center.
Construction of the Diamond Hill Community Center is substantially complete. The project has a
current estimated residual amount of $629,104.70, and after final payments and close out is projected
to have a surplus of $550,000.00
http://apps.cfwnet.org/council_packet/mc review.asp?ID=33149&councildate=4/8/2O25 4/21/2025
M&C Review
Page 2 of 3
By comparison, costs for the new Betsy Price Community Center are projected to exceed current
allocations by approximately $450,000.00. The increase is due to unanticipated roadway improvement
coordination with Texas Department of Transportation (TxDot) for a project that widened Blue Mound
Road just as the Betsy Price Community Center started construction, which created an increase in
cost due to a relocated entryway and revised requirements, an increase in Furniture, Fixture and
Equipment (FFE) needs, and continued salaries from the Property Management, Park & Recreation
and Transportation and Public Works Departments project management staff as outlined below:
Item
IFFE
Salaries
JAtmos Energy
ICMJ Engineering (Additional Materials
Testing)
Additional Project Continency
JTotal Costs Needed
Amount of
Increase
$167,312.00
$40,000.00
$140,000.00
$9,093.54
$93,594.46
$450,000.00
Approval of this M&C will also authorize two contractual documents related to the Betsy
Price Community Center project.
The first is a reimbursement agreement with Atmos Energy Corporation (Atmos). Atmos is extending
a gas line under Blue Mound Road to service the Betsy Price Community Center project. Atmos will
install a 4" main in 8" steel casing and a 2" service line to the Betsy Price Community Center.
Because it is a dedicated line to the facility, the City is responsible for the costs associated with
installation of the service line. The reimbursement amount is $140,000.00.
The second is an amendment to increase the agreement with CMJ Engineering. On May 2, 2023, an
initial contract was entered into for $80,170.75 (CSC No. 59631). Amendment 1 to this contract was
issued on July 22, 2024, in the amount of $19,195.56. Amendment 2 will be in the amount of
$9,093.54 for additional materials testing services, for a total contract amount of $108,459.85.
Contract Amount I
Original Contract $80,170.751
Amendment 1 $19,195.561
Amendment 2 (Current Phase) $9,093.541
Total Contract Amount $108,459.851
The actions in this M&C will amend the Fiscal Years 2025-2029 Capital Improvement Program as
approved in connection with Ordinance 27107-09-2024 to reallocate residual funding in the 2018 Bond
Program Fund from the Diamond Hill project to the Betsy Price Community Center project.
The project is in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Diamond Hill Community
Center project within the 2018 Bond Fund and upon approval of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in the 2018 Bond Fund for the
Betsy Price Community Center project. Prior to an expenditure being incurred, the Park & Recreation
Department has the responsibility of verifying the availability of funds.
TO
Fund I Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=33149&councildate=4/8/2O25 4/21/2025
M&C Review
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Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Dana Burghdoff (8018)
Oriqinatinq Department Head: Dave Lewis (5717)
Additional Information Contact: Joel McElhany (5745)
ATTACHMENTS
80NORTHWEST CC GAP ELIMINATION funds avail.docx (CFW Internal)
FID TABLE 80NWCC Gap Funding V2.xlsx (CFW Internal)
Form 1295 Certificate 101319179.pdf (CFW Internal)
ORD.APP 80BETSY PRICE CC GAP ELIMINATION - Revised.docx (Public)
Signature: I-orfa Lyles
Lorita Lyles (Apr 23, 2025 11:33 CDT)
Email: Lorita.Lyles@fortworthtexas.gov
http://apps.cfwnet.org/council_packet/mc review.asp?ID=33149&councildate=4/8/2O25 4/21/2025