R2005-0080 05-09-05 RESOLUTION NO. R2005-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH DUKE ENERGY FIELD SERVICES FOR
THE RELOCATION OF A GAS TRANSMISSION LINE ASSOCIATED WITH
THE WIDENING OF DIXIE FARM ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain Contract by and between the City of Pearland and Duke
Energy Field Services, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest the original of the attached contract for and on behalf of the
City of Pearland.
PASSED, APPROVED and ADOPTED this the 9th day of May , A.D.,
2005.
c:===.)o)44.1
TOM REID
MAYOR
ATTEST:
kY
NG
S ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
STANDARD UTILITY AGREEMENT a '•/I
ACTUAL COST—LOCAL GOVERNMENT
U-Number:
Project No.: Dixie Farm Road TxDOT CSJ: 0912-31-108
TxDOT CSJ: 0912-71-744
Highway Project Letting Date: June 2005
This Agreement by the City of Pearland, Texas, acting by and through its duly authorized official, ("Local
Government"), and Texas Eastern Transmission, LP, acting by and through its duly authorized representative,
("Owner"), shall be effective on the date of approval and execution by and on behalf of the State.
WHEREAS, the Local Government has determined that it is necessary to make certain highway improvements
in its road system, which said changes are generally described as follows:
At the request of the City of Pearland, Texas Eastern Transmission,LP,has been requested to adjust its existing
30"pipeline#16 at two locations; Dixie Farm Road at Station Number 10+00 TO Station Number 15+00,and
S.H. 35 at Station Number 0+00 TO 4+40, all in Brazoria Co., TX.
WHEREAS, these proposed highway improvements will necessitate the adjustment, removal, and/or relocation
of certain facilities of Owner as indicated in the following statement of work: See "Exhibit A" and such work is
shown in more detail in Owner's plans, specifications and costs (estimated at $495,692), which are attached
hereto and made a part hereof, and which are prepared in form and manner required by 23 CFR 645, Subpart A,
and amendments thereto; and
WHEREAS, the State of Texas and the Local Government have previous to-this date entered into an
agreement, said agreement being attached as Exhibit."B" and incorporated for all purposes herein, to accept
responsibility for the adjustment, removal, or relocation of certain utility facilities required by highway
improvements on the hereinabove designated project.
WHEREAS, the Owner, has provided sufficient legal authority to the Local Government to establish an
interest in properties affected by the abovementioned highway improvements. Said facilities are located upon
such properties as indicated in the statement of work as described in Exhibit"A".
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties mutually
agree as follows:
The Owner has determined that the method to be used in developing the adjustment or relocation costs shall be
as specified for the method checked and described hereinafter:
❑ (1) Actual direct and related indirect costs accumulated in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
X(2) Actual direct and related indirect costs accumulated in accordance with an established accounting
procedure developed by the Owner and approved by the Local Government.
The Local Government will, upon satisfactory completion of the adjustment or relocation, and upon receipt of a
final billing prepared in the form and manner prescribed by Federal regulations, make payment in the amount of
ninety percent (90%) of the eligible costs as shown in the final billing. The Local Government will reimburse
the remaining ten percent (10%) after its audit of the final billing. Unless a variance is discovered, the total
payments will equal the amount found eligible for reimbursement by the final audit.
„Fotm ROW-U-43B
Rev.1/2004
Page 2 of 3
In the event there is a substantial change for the statement of work contained in Exhibit "A”, reimbursement is
limited to the amount approved pursuant to this agreement and its attached exhibits unless written approval is
obtained from the Local Government. All changes shall be documented on the Owner's "as-built" plans
supplied to the Local Government.
Upon execution of this agreement by all parties, the Local Government will, by written notice, authorize the
Owner to proceed with the necessary adjustment or relocation, and the Owner agrees to prosecute such work
diligently in accordance with the Owner's plans. Such plans are attached as Exhibit"C". Should Owner by its
actions cause interference or delay resulting in the imposition of damages upon the Local Government by a third
party, Owner agrees to be responsible for said damages. Such authorization to proceed shall constitute notice on
the part of the Local Government that the relocation has been included in an approved program as an item of
right of way acquisition, that a project agreement which includes the work has or will be executed, and that the
utility relocation or adjustment will be required by the final approved project agreement and plans.
The Owner,by execution of this agreement,does not waive any rights to which Owner may legally have within
the limits of the law.
This agreement is subject to cancellation by the Local Government at any time up to the date that work under
this agreement has been authorized. Such cancellation will not create any liability on for the Local Government.
It is also expressly understood that the Owner conducts the adjustment, removal, or relocation at its own risk,
and that the Owner agrees to indemnify and hold the Local Government harmless for damage to existing
facilities caused by the Owner's conduct.
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
THE LOCAL GOVERNMENT
By:
Title:
Date:
OWNER
Owner: Texas Eastern Transmission,LP
By: Duk Ene gy Gas Tran ission Services, LLC, Its General Partner
By:
.A. K ey
Title: Vice Presi ent
Date: 44/ (
City of Pearland
Project No.: Dixie Farm Road
TxDOT CSJ: 0912-31-108 and
TxDOT CSJ: 0912-71-744
UTILITY JOINT USE AGREEMENT
REIMBURSABLE UTILITY ADJUSTMENT
Texas Eastern Transmission, LP ("Owner")
P. O. Box 7646
Houston, TX 77056-5310
WHEREAS, the City of Pearland, ("City"), proposes to make certain highway improvements on that section of the above -
indicated highway; and
WHEREAS, Texas Eastern Transmission, LP, ("Owner"), proposes to adjust or relocate certain of its facilities, if applicable,
and retain title to any pioperty rights it may have on, along or across, and within or over such limits of the highway right of
way as indicated by the location map attached hereto.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties mutually agree as
follows:
It is agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way
hunts as such area is defined and to the extent indicated on the aforementioned plans or sketches. Nothing in this agreement
shall serve to modify or extinguish any interest vested in Owner in the event the current facilities are retained, altered
modified added to, or constructed on additional facilities presently located within the above described area. This interest is
retained provided that if existing facilities are to be altered or modified, or new facilities constructed within said area, the
Owner agrees to notify City at least 30 days prior to the beginning of construction, and to furnish necessary plans showing
location, type of construction and methods to be used for protection of traffic If, in the opinion of City, such alteration,
modification or new construction is in conflict with the current highway or planned future highway improvements could
endanger the traveling public using said highway or be contrary to the recitals as set out above, City shall have the right to
prescribe such regulations as deemed necessary to rectify the problem. These regulations shall not however, extend to the
requiring of the placement of intended overhead lines underground or the routing of any hnes outside of the area of joint
usage above described.
If Owner's facilities are located along a controlled access highway, Owner agrees that ingress and egress for servicing its
facilities will be limited to frontage roads where provided, nearby or adjacent public roads and streets, or trails along or near
the highway right of way lines which only connect to an intersecting road. Entry may be made to the outer portion of the
highway right of way from any one or all access points. Where supports, manholes or other appurtenances of the Owner's
facilities are located in medians or interchange areas, access from the through -traffic roadways or ramps will be allowed by
permit issued by the State to the Owner setting forth the conditions for policing and other controls to protect highway users.
In an emergency situation, if the means of access or service operations as herein provided will not permit emergency repairs
as required for the safety and welfare of the public the Owner shall have a temporary right of access to and from the through -
traffic roadways and ramps as necessary to accomplish the required repairs, provided City is notified immediately when such
repairs are initiated and adequate provision is made by Owner for the convenience and safety of highway traffic Except as
expressly provided herein, the Owner's rights of access to the through -traffic roadways and/or ramps shall be subject to the
same rules and regulations as apply to the general public.
If Owner's facilities are located along a non -controlled access highway, the Owner's rights of ingress and egress to the
through -traffic roadways and/or ramps are subject to the same rules and regulations as apply to the general public.
Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of utility facilities
required by highway construction shall be in accordance with applicable laws of the State of Texas.
If applicable, Owner will, by written notice advise the City of the beginning and completion dates of the adjustment,
removal, or relocation, and, thereafter, agrees to prosecute such work diligently, and to conclude said adjustment, removal, or
Form ROW-U-JUAA
9/2003
Page 2 of 2
relocation by the stated completion date. At the completion of the adjustment, removal, or relocation, the Owner will deliver
a set of "as -built" plans to the City.
The Owner and the City, by execution of this agreement, do not waive or relinquish any right that they may have under the
law.
The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this
contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly
through a subconhact under this contract acts as acceptance of the authority of the State Auditor, under the direction of the
Legislative Audit Committee, to conduct an audit or investigation in connection with those funds.
It is expressly understood that the Owner conducts the adjustinent, removal, and/or relocation at its own risk, and that the
Owner agrees to indemnify and hold the City ha 'less for damage to existing facilities caused by the Owner's conduct.
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party
represented.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
Owner: Texas Eastern Transmission, LP City:
By: Duke Energy Gas Transmission Services,
LLC, Its G: alr n
By: f By:
Title: Title:
Date:
Vice President
Date:
AFFIDAVIT
(for Utility Owner)
U-No.
THE STATE OF TEXAS
COUNTY OF BRAZORIA
Project No.: Dixie Farm Road and SH-35
TxDOT CSJ: 0912-31-108
TxDOT CSJ: 0912-71-744
BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared G. A. Kenney of Texas Eastern
Transmission, LP, ("Utility') who after being by me duly sworn upon his/her oath deposes and says as follows:
"I, G. A. Kenney am over the age of 18 years and am fully competent to testify to the matters set forth in this Affidavit. I
have personal knowledge of all facts and swear that such facts are true and correct.
Dixie Faini Road and SH 35 located in Brazoria Co., TX, W. D. C. Hall Survey, Abstract No. 70;
2. At the request of the City of Pearland, Texas Eastern Transmission, LP, has been requested to adjust its existing 30"
pipeline #16 at two locations; Dixie Farm Road at Station Number 10+00 TO Station Number 15+00, and S H 35 at
Station Number 0+00 TO 4+40, all in Brazoria Co., TX.
3. Roadways are owned and maintained by the City of Pearland as indicated by copy of permit from The Commissioners
Court dated June 11`h, 1956 to Texas Eastern Transmission Corp. Exhibit "D";
4. Texas Eastern Transmission, LP owns, operates and maintains a natural gas pipeline easement across said properties as
specified in attached easements recorded in volume 791, page 365; volume 665, page 500, and 673, page 339 in the
county records of Brazoria Co., Texas;
5. See Exhibit 'A' , Explanation of Justification for proposed Adjustments, Exhibit "B" Proposed 36" Casing Extension 30"
Line 16 at Milepost 210.55 Dixie Farm Road widening and Exhibit "C", Proposed 36 ' Casing Extension 30" Line 16 at
Milepost 320.98 Dixie Farm Road Widening at S H 35;
6. See attached easements;
Further affiant sayeth not."
/
Signature: G. '' enney
Title: Vice Pre : • ent
Texas Eastern Transmission, LP
trirke Energy Gas
Transmission Services, LLC
Its General Partner
Commonwealth of Massachusetts
County of Middlesex
On this \S day of April, 2005, before me, the undersigned notary public, personally
appeared Greg A. Kenney, who proved to me through satisfactory evidence of identification,
which was personal knowledge, to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as
Vice President of Duke Energy Gas Transmission Services, LLC, the General Partner of Texas
Eastern Transmission, LP
Notary Public
(affix seal)
E.h' OSIT
Explanation of Justification for Proposed Adjustments
of 30" TET Pipeline Crossing at Station NO. 57+00 on Dixie Farm Road
City of Pearland, Brazoria County, Texas — 02/28/2005
Texas Eastern Transmission, LP (TET) has been requested by City of Pearland to pre -
adjust its existing 30" underground natural gas steel pipeline at Dixie Farm Road Station
Nos. 1+00 and 57+00, since Dixie Farm Road is being widened and lowered. The
pipeline adjustments must be designed and constructed to comply the U.S. Department of
Transportation regulations for adequate cover and forces applied to the gas pipeline from
the roadway.
Prudent pipeline design practice must ensure safety of the public and employees,
regulatory compliance, and long term pipeline integrity. It must also be based upon
historical experience and must consider the potential for unknown irregularities beneath
the ground, adverse weather conditions during construction, and other risks. Design
considerations are as follows:
1. Pipeline crossings must be designed for the loads from roadway construction
equipments and future vehicle traffic on the road. Pipeline design must also
include adequate depth of burial beneath any adjacent drainage ditches and must
ensure sufficient clearance from buried drainage structures to prevent damage
during highway construction and maintenance.
2. In some instances where the existing pipeline is cased beneath the road and the
pipeline would have sufficient cover for the proposed road cross section, the
casing can be extended to the edge of the new road right-of-way. This method is
often the lowest cost option, but it can only be used if the pipeline geometry can
accommodate the casing installation.
3. Open cut excavation of a proposed roadway and replacement of existing cased
pipeline with a new uncased and heavy -walled pipeline across the existing and
widened roadway is often considered undesirable due to the extended time the
road would need to be closed for the removal of the existing pipe and the deep
installation of the new pipe (approximately 2 weeks). Extensive backfill would
be required for the deep excavation beneath the road using either heavily
compacted material or expensive controlled density fill concrete mix.
4. Due to the contract obligations to various natural gas producers, utilities and
customers, the interruption of natural gas flow in the pipeline for an extended
penod is undesirable. Offset pipeline construction ensures that the pipeline will
be shut-in for less than a day, whereas an in -situ replacement results in an
extended pipeline service outage.
5. It is standard design practice for TET to install a bored road crossing replacement
at an offset of 25' from existing in-service pipelines. This is an important safety
1
practice to ensure adequate clearance from the in-service pipeline in the event the
bore auger strays or is deflected away from a straight path. This offset also
prevents the ditch bank supporting the existing pipeline from sloughing off into
the large bore pit where the boring machine is working (this risk is increased if it
rains).
The following pipe adjustment design configurations were considered for Dixie Farm
Road.
In -Situ Open Cut Crossing: A proposed heavy -walled pipeline segment within the new
roadway's easement would be installed in the same lateral alignment at an adequate depth
to be below the pavement of the road and proper separations to the water and the sewer
pipelines. This method was denied by the Engineering Depth lmuent of City of Pearland
due to roadway blockage during pipeline construction and the high reimbursable cost.
Lateral Offset Bored Crossing: A proposed heavy walled pipeline segment would be
installed at 25 ft offset from the existing pipeline crossing. After tie-in of the new
transition side bends of the new crossing to the existing pipeline outside the new roadway
easement on both two sides, the existing pipeline crossing would be abandoned in -place
by TET and removed by the city during roadway construction. This would be the most
desirable option a by TET since it would meet all requirements from Considerations 1
thru 5. However, the construction cost would be highest.
Casing Extension A proposed 36" casing would be installed around the existing 30"
pipe from each end of the existing casing to the edge of the new roadway easement on
both sides of the road. The preliminary survey and pipeline probing results indicate this
method is feasible. This method would meet the requirements from Items 1 thru 5
(above) at lowest cost.
TET proposes the Casing Extension Crossing for Dixie Farm Road due to minimal
impact to traffic, low cost, and adequate pipeline cover and geometry.
2
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ENGINEERS . ENNRONNENTAL SCICIIUSIS-MGRRCIS
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PEMLMM, TEXAS 31551-5502
281-435-2404 EAR 2131-4B5-4322
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DIXIE FARM ROAD
SANITARY SEWER IMPROVEMENTS
STA. 10+00 TO STA. 15+00
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JOB No.
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PROPOSED 36" CASING EXTENSION
30" LINE 16 AT MILEPOST 210.55
DIXIE FARM ROAD WIDENING
DESIGN ENGINEER
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111 Duke Energy.
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DATE
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DATE
YEAR: 2006 I W.O. I SCALE•
IDWG. AO- -3000
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PROP, METER BY DTHERS
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DRAFTING DESIGNER
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DRAWN BY:
DRAFTING SUPERVISOR
DESIGN ENGINEER
PROPOSED 36" CASING EXTENSION
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LOC. BRAZORIA COUNTY. TEXAS
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P 0 Box 1612
Shreveport, Louisiana
STATE OF TEXAS
County of
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I hereby certify that this instrument was duly
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County of Brazoria, State of Texas,
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Imo. P. STEVENS Jr., Clerk of the County Court
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