HomeMy WebLinkAboutR-2011-016 Conoco Phillips Agreement RESOLUTION NO. R-2011-016
A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT WITH CONOCO
PHILLIPS PIPE LINE COMPANY TO LOWER A PIPELINE ALONG MATTOX ROAD IN
CONNECTION WITH THE CONSTRUCTION OF 41 STREET
WHEREAS, the City desires to construct a new 41 Street between Horizons Parkway and
Mattox Road; and
WHEREAS, Conoco Phillips Pipe Line Company {hereinafter "Conoco") owns a pipeline
located within a private easement which runs along the existing Mattox Road; and
WHEREAS, in order to construct the roadway improvements and associated drainage
systems it is necessary to lower such line a depth of 8' and Conoco has stated its willingness to
lower such pipeline if reimbursed therefore by the City at an estimated cost of $99,927.86; and
WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a
contract with Conoco to lower such pipeline in substantially the same form as set forth in Exhibit A
attached hereto;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT execution of reimbursement agreement by and between the City of Riverside and
Conoco Philips Pipe Line Company to reimburse the actual costs associated with lowering the
pipeline located along Mattox Road at or near 41 Street, which costs are estimated to be
$99,927.86, is hereby authorized and approved in substantially the same form as attached
hereto in Exhibit "A"; and
FURTHER THAT the City Administrator is hereby authorized to execute ali documents
and agreements necessary or incidental to carry out the terms and conditions of such
agreement and the City Clerk is authorized to attest thereto.
PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, the �- day of �i2�,.!-ll , 2011.
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Kathleen L. Rose, Mayor
ATTEST: Approv"� as to Form:
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Robin Littrell, City Clerk �� r�c Tho son, City Attarney
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REIMBURSEMENT AGREEMENT
STATE OF MISSOURI §
§
COUNTY OF PLATTE §
THIS REIMBURSEMENT AGREEMENT, IS made and entered into as of the )� day
of �PsQL'� , 2011, ( the "Effective Date" ) by and between CONOCOPHILLIPS PIPE
LINE COMPANY, a Delaware corporation, as party of the First Part, hereinafter referred to as
"Company°, having an address of 500-A Phillips Building. Bartlesville, OK 74004, and CITY OF
RIVERSIDE, a Missouri municipal corporation, as Party of the Second Part, hereinafter referred to
as "Second Party", whether one or more, with an address of 2950 NW Vivion Rd., Riverside, MO,
64150.
WITNESSETH:
THAT WHEREAS, Company is the owner of one (1) eight-inch petroleum product
pipelines, which line is hereinafter referred to as "pipeline" and the requisite easement rights
therefore located in part in the following described land, to-wit:
Part of the W/2 SE/4 Section 6, Township 50 North, Range 33 West, Platte
County, Missouri; and
WHEREAS, Second Party and Company are desirous of entering into an agreement
whereby certain pipeline adjustments (lowering) will be made to the pipeline prior to Second
Party's construction of street paving and storm water drain improvements associated with
Second Party's proposed 41 Street Improvements at Mattox Rd.; and
WHEREAS, Company is agreeable to entering into such an agreement, provided
Second Party reimburses Company for its estimated costs, both direct and indirect, of making
such adjustments.
NOW, THEREFORE, for and in consideration of the premises and mutual covenants
herein contained, the receipt and sufficiency of which are hereby acknowledged, it is agreed as
follows:
1. Company agrees to adjust its pipeline depth by lowering in place to a depth of
approximately 8 feet deep (to top of pipe) along an approximate 400 foot length being centered
on the proposed 41 St. intersection with Mattox Rd. for the purpose of clearing grade conflicts
with Second Party's subsequent planned road and drainage improvements which would
otherwise harm Company's pipeline. Said lowering details shown on Profile Drawing attached
hereto as Exhibit "A". Company agrees to perform said adjustments PROVIDED SECOND
PARTY AGREES TO PAY FOR ALL COSTS ATTRIBUTABLE THERETO. The adjustments to
said pipeline hereinabo�e described in this paragraph will hereinafter be referred to as the
"work".
2. The estimated cost of the work is Ninety-Nine Thousand, Nine Hundred, Twenty-
Seven and 86/100 Dollars ($99,927.86) as shown on Cost Estimate attached hereto as Exhibit
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3. SECOND PARTY AGREES TO PAY COMPANY FOR ALL COST
ATTRIBUTABLE DIRECTLY AND OR INDIRECTLY TO THE ABOVE DESCRIBED WORK.
PURSUANT TO SAID PROMISE OF SECOND PARTY, SAID SECOND PARTY AGREES TO
PAY COMPANY A SUM OF MONEY IN THE AMOUNT OF NINETY-NINE THOUSAND, NINE
HUNDRED, TWENTY-SEVEN and 86/100 Dollars ($99,927.86) AT THE TIME OF
SUBSCRIBING TO THIS AGREEMENT, SAID SUM BEING THE ESTIMATED COST OF
PERFORMING SAID WORK.
4. In the event that the direct and indirect costs attributable to the above described
work exceeds the aforementioned estimated cost, Second Party agrees to pay any additional
amount within fifteen (15) days of receipt of notification by Company.
5. In the event that the direct and indirect costs attributable to the above-described
work is less than the estimated cost aforementioned, Company will refund the difference
between the aforementioned payment (made by Second Party at the time this Agreement is
executed) and all costs attributable to the above-described work.
6. In the event either Party breaches any of the terms, covenants or provisions of
this agreement, and the agreement is turned over to an attorney for collection, whether or not
such attorney is employed directly by the Party, the other agrees to pay a reasonable attorney's
fee.
7. It is expressly understood that Company may perform its obligations under this
agreement or may have others perform such obligations. If Company has others perForm such
obligations, it shall require general liability insurance in connection with such construction in an
amount not less than $2,000,000.
8. It is expressly understood by the parties hereto that Company is not abandoning
any right, title or interest it may have in the above described land.
9. This agreement supersedes every antecedent or concurrent oral and/or written
declaration and/or understanding pertaining to the adjustments to the pipeline made by and
between Company and Second Party.
10. This agreement shall be binding upon the parties hereto and their respective
heirs, representatives, successors and assigns.
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EXECUTED in duplicate originals on the dates set forth below but having an effective date
first written above.
"COMPANY"
CONOCOPHILLIPS PIPE LINE COMAPNY
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Kevin C. Startz
Attorney-in-Fact
Date: .3�1 � � I 1
"SECOND PARTY"
CITY OF RIVERSIDE
a Missouri municipal corporation
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..By: / �.._ 1�'l-�l ,�� .� J
id Blackburn, ity Administrator
Date: �� � � �
APP D AS O FORM:
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Name: f s
Title: City Attorney
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Exhibit "B"
CONOCOPHILLIPS PIPE LINE COMPANY
Location: Riverside, Missouri
Description of Job: Pipeline Lowering Project-City of Riverside-41st Street I
Date: 2117 /2011
DESCRIPTION QTY Price TOTAL
MATERIALS:
API 5L PSL2 8.625" x 0.50 Grade X 42 ERW, FBE
12-14 mils 0 $36.08 $0.00
TDW 8" Sto ple 0 $11,000.00 $0.00
TDW Buna 5ealin Element 8.625 x 0.250 0 $545.87 $0.00
RBS 8" Pi s 0 $111.24 $0.00
YBS 8" Pi 0 $45.36 $0.00
2 LB Powercrete J Kits 0 $34.56 $0.00
3M / 323 Kits 0 $40.12 $0.00
FRP Pads 0 $97.20 $0.00
8" weddin band / um kin Grade X-52 14 $186.00 $2,604.00
Pol uard RD6 4" x 50' Ta e 15 $410.00 $6,150.00
Pol uard 600 Primer 15 $61.11 $916.65
FREIGHT (15%) $1,450.60
TAXES 8.75% $973.11
Total Materials: �12,094.36
LABOR:
Mechanical Contractor Elkhom) 12 Da s 1 $47,500.00 $47,500.00
NDT 3 $1,800.00 $5,400.00
Contract Field Re resentative 2 $7,000.00 $14,000.00
Total Labor: $66,9D0.00
INDIRECT LABORIEQUIP.
TIE-INS:
ENGINEERINGIPROJ. MGMT. $0.00
OTHER:
ROW Dama es 0 $5,000.00 $0.00
ConocoPhilli s Overhead (15%) : $11,849.15
CONTINGENCY 10% : $9�084.35
GRAND TOTAL: $99,927.86
David Haller Date: 02/21/2011