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Home My WebLink About025283 - Construction-Related - Contract - Koch Gateway Pipeline CompanyC;ITY SECRETARY Q �nNTF�ACT 1�10 . � � U 3 [.KOCH KOCH GATEWAY PIPELINE COMPANY September 22, 1999 Mr. Gopal Sahu, P.E. City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 RE: Reimbursement Agreement Between Koch Gateway Pipeline Company ("Koch Gateway") and the City of Fort Worth ("City") for the Adjustment of Koch Gateway's Index 1 in the W. G. Elkins Survey, Tarrant County, Texas. Reimbursement Number - 12-8521 Dear Mr. Sahu: Under the terms of this Reimbursement Agreement ("Agreement"), Koch Gateway will adjust the referenced pipeline facilities, located in Tarrant County, TX, to accommodate the City's rehabilitation of Line A of the sanitary sewer main M-253-A. This Agreement sets forth the understanding between the City and Koch Gateway with respect to the adjustment of such facilities. Accordingly, the City and Koch Gateway agree as follows: 1. Subject to the provisions herein, Koch Gateway agrees to raise and replace approximately 40 feet of 16 inch pipe of Index 1 in the W.G. Elkins Survey of Tarrant County, Texas ("Facilities"), in order to accommodate the City's proposed installation of a 30 inch sanitary sewer line. 2. Koch Gateway and the City recognize that certain agreement, dated April 6, 1927, ("Easement") executed by United Gas Pipe Line and C.A. Boaz. In consideration of Koch Gateway's prompt adjustment of the Facilities, the City hereby agrees to amend the terms and conditions of the Easement to the extent they conflict with the terms and conditions of this Agreement. 3. Koch Gateway has projected the adjustment of the Facilities will not exceed $36,031.60. After completion of the project, Koch Gateway shall submit to the City an invoice setting forth the actual costs incurred by Koch Gateway in connection with the adjustment. Such actual costs shall include, but not be limited to, the cost of labor, materials and supplies, and overhead. ��Co�� C�uG�@ 20 East Greenway Plaza • Houston, Texas 77046-2002 ■ P.O. Box 1478 • Houston, Te;as ��5'�� D, 6"' ° 713/544-4123 ■ 800/890-0205 �o �) �?�f �y ��p 0 Mr. Gopal Sahu September 22, 1999 Page 2 4. Should the City the fail to pay any sum due Koch Gateway, or if it becomes necessary for Koch Gateway to employ an attorney to enforce any of the provisions of this Agreement, Koch Gateway sha11 be entitled to damages suffered by it, including, but not limited to, attorney fees and accrued interest on the balance due. Interest shall accrue from the due date at a varying rate per annum equal to the lesser of 115% of the prime rate charged by the Chase Bank of Texas, NA, Houston, Texas, to its largest and most credit-worthy borrowers on 90-day commercial loans, or the maximum rate of interest permitted by law. 5. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY SHALL DEFEND, PROTECT, INDEMNIFY AND SAVE HARMLESS KOCH GATEWAY AND ITS PARENT COMPANY� AND THEIIt RESPECTIVE OFFICERS, DIItECTORS AND EMPLOYEES (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS PARAGRAPH 5 AS "KOCH GATEWAY"� FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, CAUSES OF ACTION, STRICT LIABILITY CLAIMS, PENALTIES� FINES, ADMINISTRATIVE LAW ACTIONS AND ORDERS, EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES� AND COSTS OF EVERY KIND AND CHARACTER ARISING OUT OF OR IN ANY WAY INCIDENT TO ANY OF THE WORK PERFORMED UNDER THIS AGREEMENT, ON ACCOUNT OF PERSONAL INJURIES, DEATH, DAMAGE TO PROPERTY, OR DAMAGE TO TIiE ENVIRONMENT, REGARDLESS OF WHETHER SUCE HARM IS TO THE CITY, KOCH GATEWAY, THE EMPLOYEES OR OFFICERS OF EITHER OR TO ANY OTHER PERSON OR ENTITY. THE DUTY TO DEFEND, PROTECT, INDENINIFY AND SAVE KOCH GATEWAY HARMLESS REFERRED TO IN THE PRECEDING SENTENCE SHALL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS� DEMANDS, LAWSUITS, STRICT LIABILITY CLAIMS, PENALTIES, FINES, ADMINISTRATIVE LAW ACTIONS AND ORDERS, COSTS, EXPENSES AND CAUSES OF ACTION WHICH RESULT FROM THE COMPARATIVE� CONCURRENT OR CONTRIBUTING NEGLIGENCE OF ANY PERSON OR ENTITY INCLUDING, BUT NOT LIMITED TO, KOCH GATEWAY, ITS AGENTS, EMPLOYEES OR OFFICERS, EXCEPT THAT THE CITY SHALL NOT BE LIABLE FOR NOR HAVE ANY OBLIGATION TO INDEMNIFY, HOLD HARMi.ESS AND DEFEND AGAINST LOSS OR DAMAGE RESULTING FROM THE SOLE (1Q0%� NEGLIGENCE OR INTENTIONAL ACTS OF KOCH GATEWAY. IT IS THE INTENTION OF THE PARTIES THAT THE INDENINITY OBLIGATIONS OF THE CITY ARE WITIiOUT REGARD TO WHETHER THE NEGLIGENCE, GROSS NEGLIGENCE, FAULT OR STRICT LIABILITY OF KOCH GATEWAY IS A CONCURRENT OR CONTRIBUTORY FACTOR, AND SUCH OBLIGATIONS ARE INTENDED TO PROTECT KOCH GATEWAY AGAINST THE CONSEQUENCES OF TTS OWN NEGLIGENCE. THIS AGREEMENT IS NOT INTENDED TO CREATE ANY RIGHTS IN PERSONS OR ENTITIES THAT ARE NOT PARTIES TO THIS AGREEMENT, NOR TO WAIVE ANY RIGHTS, LIMITATIONS OR IMMUI�TITIES AVAILABLE TO THE CITY UNDER THE TEXAS TORT CLAIMS ACT OR OTHER APPLICABLE LAW. „ . � . r Mr. Gopal Sahu September 22, 1999 Page 3 6. The City shall send payments, notices and communi�ations to Koch Gateway to the following address: Koch Gateway Pipeline Company Attention: Cris Franklin, Project Engineer 606 South Shelby Street Carthage, TX 75633 Telephone: (903) 693-5172 x2549 If the City agrees with these terms and conditions, please so indicate by having an authorized representative sign the two originals of this Agreement in the appropriate spaces arYd return one fully-executed original to my attention. AGREED AND ACCEPTED this '�� day of L�� • 191r2 Cit; �: Printed Name: Mike Groomer Title:_ AGG; stant G��, Mana�ar Sincerely, �� Cris Fr klin Project Engineer AGREED AND ACCEPTED this ?�r dday of .��b��19q9 .. �-. Koch Gateway Pipeline Company By: � .�L 7 C. Earl Attorney in Fact APPROVED .l��' A. ouglas Rademaker, P.E. Director, Engineering Department AF V�D AS 7,`0 b'0� A�, l[s13C.�J,ITY:. �� Assisi:ant ,Gitg o�aey - �'— 30— 99 A'I'i'ESiE �i C- /7�� Wontract Authorization 9- �8�99 Date City of Fort T�T'orth, 7'exas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 9�28�99 ''�`C-17665 30KOCH � 1 of 1 SUBJECT AGREEMENT WITH KOCH GATEWAY PIPELINE COMPANY TO RELOCATE A,GAS LINE TO AVOID CONFLICT WITH SANITARY SEWER MAIN M-253-A REHABILITATION NEAR VILLAGE CREEK WASTEWATER TREATMENT PLANT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement with Koch Gateway Pipeline Company for relocation of a natural gas transmission line to avoid a conflict with sanitary sewer Main M-253A rehabilitation, at a cost not to exceed $36,031.60. DISCUSSION: On May 18, 1999 (M&C C-17429), the City Council awarded a contract to S. J. Louis Construction Inc. for sanitary sewer Main M-253A rehabilitation near the Village Creek Wastewater Treatment Plant. During the course of construction, it was discovered that a 16-inch gas transmission main was in conflict with the grade of the proposed sanitary sewer line. This gas line is located on private property in a gas line easement, and is not within the City of Fort Worth right-of-way. Koch Gateway Pipeline Company does not have a franchise agreement with the City for this gas line. The Water Department will be required to fund 100% of the gas line relocation costs. The estimated cost of work associated with the re-routing of approximately 40 linear feet� of 16-inch gas line is $36,031.60. This project is located in COUNCIL DISTRICTS 4 and 5, Mapsco 67 U and V. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Sewer Fund. MG:k Submitted for City Manager's Office by: Mike Groomer Originating Department Head: A. Douglas Rademaker I FUND I ACCOUNT � CENTER � AMOUNT � (to) � 6140 6157 I (from) I PS46 I 539120 I 070460140270 �$36,031.60 CITY SECRETARY APPROVED 9/28/99 Additional Information Contact: City of For�t Worth, Texas �i►�Ay�r And Caunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 9�28�99 **C-17665 30KOCH 1 of 1 SUBJECT AGREEMENT WITH KOCH GATEWAY PIPELINE COMPANY TO RELOCATE A GAS LINE TO AVOID CONFLICT WITH SANITARY SEWER MAIN M-253-A REHABILITATION NEAR VILLAGE CREEK WASTEWATER TREATMENT PLANT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement with Koch Gateway Pipeline Company for relocation of a natural gas transmission line to avoid a conflict with sanitary sewer Main M-253A rehabilitation, at a cost not to exceed $36,031.60. DISCUSSION: On May 18, 1999 (M&C C-17429), the City Council awarded a contract to S. J. Louis Construction Inc. for sanitary sewer Main M-253A rehabilitation near the Village Creek Wastewater Treatment Plant. During the course of construction, it was discovered that a 16-inch gas transmission main was in conflict with the grade of the proposed sanitary sewer line. This gas line is located on private property in a gas line easement, and is not within the City of Fort Worth right-of-way. Koch Gateway Pipeline Company does not have a franchise agreement with the City for this gas line. The Water Department will be required to fund 100% of the gas line relocation costs. The estimated cost of work associated with the re-routing of approximately 40 linear feet of 16-inch gas line is $36,031.60. This project is located in COUNCIL DISTRICTS 4 and 5, Mapsco 67 U and V. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Sewer Fund. MG:k Submitted for City Manager's Office by: I FUND I ACCOUNT I CENTER I AMOUNT � (to) CITY SECRETARY Mike Groomer Originating Department Head: A. Douglas Rademaker Additional Information Contact: 6140 � 6157 I (from) I PS46 539120 070460140270 $36,031.60 A. Douglas Rademaker 6157 I � ApPROVED iCl'fY COU�C�- SEP �8 1999 �,�,,., l�u�"'�1 u�$�JaS�iOtdYy O�� c . �.�. �;;tv rs.. >