Res 2013-193/Approving a reimbursement agreement w/Enterprise Texas Pipeline, LLC to relocate gas pipline facilities in connection with the Willow Springs Creek Drainage Improvements project

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may use one or more contractors to perform the WORK. 4. The WORK is comprised of two separately funded phases designated as DESIGN & BID PHASE and CONSTRUCTION PHASE. A preliminary budget estimate for the WORK as a whole has been generated by ENTERPRISE and totals to $470,000 as set forth on the attached Budget Estimate marked "Exhibit A ". A breakout of the preliminary budget estimate by phase and provider has been generated by the CITY as set forth on the attached Budget Estimate Breakout marked as "Exhibit B ". 5. The CITY will advance the amount of Fifty Thousand Dollars ($50,000) in check made payable to ENTERPRISE TEXAS PIPELINE LLC and it (hereinafter referred to as the "DESIGN & BID PREPAYMENT ") will be presented with the executed Agreement. 6. The engineering design portion of the DESIGN & BID PHASE will be completed by a mutually agreed upon firm selected from at least three qualified candidates. ENTERPRISE will coordinate solicitation and review of the proposals. 7. The Right -of -way Acquisition portion of the DESIGN & BID PHASE wil . be performed by the CITY and will not be charged to the CITY in either the prepayment or final charges. 8. The bid process will include gathering at least three proposals, from different contractors and suppliers for all of the services and materials to be acquired by ENTERPRISE in the prosecution of the WORK and ENTERPRISE will provide bid tabulations to the CITY as part of the backup documentation for the final cost estimate outlined below. 9. Upon satisfactory completion of the DESIGN & BID PHASE of the WORK, ENTERPRISE will provide an accounting of the balance of the funds paid for the tasks accomplished during the DESIGN & BID PHASE. Excess funds will be applied to the CONSTRUCTION PHASE to reduce the CONSTRUCTION PREPAYMENT or a :shortfall of funds will be collected with the CONSTRUCTION PREPAYMENT as discussed below. 10. ENTERPRISE will prepare a final cost estimate for the CONSTRUCTION PHASE of the WORK based on the total of the bids received during the DESIGN & BID PHASE. This bid total will be used as a basis for calculating the following percentage based items: a. ENTERPRISE project'` management, self - performed services and expenses at eight percent (8 %) of the bid total b. ENTERPRISE Construction Overhead (General & Administration) at twelve percent (12 %) of the bid total c. Construction Contingency at five percent (5 %) of the bid total 11: The amount of the final cost estimate for the CONSTRUCTION PHASE will be determined by adding the bid total, the ENTERPRISE services percentage fee, the ENTERPRISE construction overhead percentage fee, the construction contingency and by adding to or subtracting from this total the balance remaining from the DESIGN & BID PREPAYMENT. The final cost estimate will be used to establish the amount of the CONSTRUCTION PREPAYMENT and the final costs to be paid by the CITY may be more or less than the final cost estimate, which shall not be construed as a limitation of the total costs for the CONSTRUCTION PHASE of the WORK. 12. The CITY will advance the amount of the final cost estimate for the CONSTRUCTION PHASE in check made payable to ENTERPRISE TEXAS PIPELINE LLC and it (hereinafter referred to as the "CONSTRUCTION PREPAYMENT ") will be presented with a copy of the executed Agreement and a copy of the ENTERPRISE final cost estimate. enterprise reimbursement agreement 10 -17 -13 city edit.doc Page 2 of 4 10/24/2013 1:09:00 PM