R2008-080 2008-06-23RESOLUTION NO. R2008-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A UTILITY RELOCATION CONTRACT
ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT (PHASE 11).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain utility relocation contract associated with the Dixie Farm
Road Project, 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 a utility relocation associated with the Dixie Farm Road
Project.
PASSED, APPROVED and ADOPTED this the 23~d day of June, A./D., 2008.
TOM REID
MAYOR
ATTEST:
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R~
UNG FIN T i
TY S RETAR
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2008-80 File No_ O8-0'132
TRO805 Dixie Farm Rd Phase 11 (KinderMorgan Tejas Pipeline)
Rev. 6/2008
Pa~c 1 cif"2
STANllA12D UTILITY AGREEMENT
ACTUAL COST -CITY
County: Brazoria Road: Dixie Farm Road Phase II
Project No.: TR0805 From: 1 500 ft south of FM51 8
CS.I: 0912-31-108 To: State Highway 35
Road Project Letting Date: January 2009
This Agreement by and between the City of Pearland, Texas, ("City"), acting by and through its duly authorized
official, and Kinder Morgan Tejas Pipeline LLC, 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 City.
WHEREAS, the City has determined that it is necessary to make certain improvements to Dixie Farm Road,
which said changes are generally described as follows: Widen to 4 lanes
WHEREAS, these proposed roadway improvements will necessitate the adjustment, removal, and/or relocation
of certain facilities of Owner as indicated in the following statement of work: Replace Existing Pipeline Crossing
to Accommodate the Widening and Improvements to Dixie Farm Road as further described in Exhibit "A" and
such work is described in Owner's Estimate (estimated at $1,910,167.00), which is attached hereto and made a
part hereof as Exhibit "A- 1 ", and which is prepared in form and manner required by 23 CFR 645, Subpart A, and
amendments thereto; and
WHEREAS, the Owner, has provided sufficient legal authority to the City to establish an interest in properties
affected by the abovementjoned roadway 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 City will pay for costs incurred in the adjustment or relocation of Owner's facilities to the extent authorized
under Title 23, Code of Federal Regulations, Part 645, Subpart A. The City's participation shall consist of Fifty
Percent (50%~) of the cost of the adjustment or relocation.
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:
0 (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.
® (2) Actual direct and related indirect costs accumulated in accordance with an established accounting
procedure developed by the Owner and approved by the City.
Subject to the participation percentage as set out above, the City 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 Fifty Percent (50%) of the eligible costs as shown in the final
billing.
The final billing for work completed herein shall be submitted to the City not later than ninety (90) days after
completion of the work. Upon receipt of the final billing and conclusion of the audit, the City agrees to pay
Owner one hundred (100%) of its share of the eligible cost as indicated above. The City shall make payment
within 45 days of acceptance of the final billing.
Rev. 4/2008
Page 2 oF2
In the event there is a substantial change for the statement of work contained in Exhibit "A", reimbursement is
limited to 50`% of the amount approved and actually expended pursuant to this agreement and its attached exhibits
unless written approval is obtained from the City. All changes shall be documented on the Owner's "as-built"
plans supplied to the City. City shall reimburse Owner for any additional cost or expense caused by any delays
waiting for City's written approval.
Upon execution of this agreement by all parties, the City 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 "B"_ Owner shall provide the City with
forty-eight (48) hours written notice prior to proceeding with the adjustment or relocation and agrees to proceed
in such a manner that will not result in avoidable delay or interference with the City's roadway construction.
Should Owner by its actions cause interference or delay resulting in the imposition of damages to the City by a
third party, Owner agrees to be responsible for said damages. Such authorization to proceed shall constitute
notice on the part of the City 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 will retain records of such costs in accordance with the provisions of 23 CFR Part 645, Subpart A
The Parties, by execution of this agreement, do not waive any rights to which each party may legally have
within the limits of the law.
This agreement is subject to cancellation by the City at any time up to the date that work under this agreement has
been authorized- City shall reimburse Owner 100% of all cost incurred by Owner up to the date of receipt of
Notice of Cancellation.
The City Auditor may conduct an audit or investigation of any entity receiving funds from the City directly under
this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this
contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the City
Auditor, to conduct an audit or investigation in connection with those funds.
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 City harmless for damage to existing facilities caused by the
conduct.
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
OWNER
UTILITY CITY
Owner: Ki er rgan Teas 1'ppeline LLC
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By: ^^ // // ~I
Title: l"ft 7'a!) e~)G~ln.l FR Gr '~'L s_ /
Date: 6~ ~ /~ ~ ~~'v
THE CITY OF PEARLAIVD, TEXAS
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By: C J---
Bill Ei en
Title: ('its/ Mana9Pr
pato: June 23, 2008
EXHIBIT "A"
Scope of Work Attachment
Kinder Morgan Tejas 520-200 30" Natural Gas Pipeline
Adjust Crossings @ Dixie Farm Rd.
Pearland, Brazoria Co_, Texas
Construct replacement pipeline crossings at Dixie Farm Road by Horizontal
Directional Drill (HDD) under existing pavement and below existing water piping
to replace pipeline across the proposed full width of proposed road widening and
below propose storm water drain pipes. Completed crossings will consist of all
new pipe installed at an elevation approximately 25' below natural ground level,
below the depth of the proposed new drainage piping and existing water lines.
New coated and catholically protected 30" steel pipe having a wall thickness that
is heaver than the existing normal wall thickness of the pipeline pipe will be
assembled by welding, joints X-rayed and coated, installed uncased, hydro
tested, and tied into existing pipeline outside the proposed expanded road right
of way.
Old mainline pipe not under the existing pavement will be removed. The sections
of pipeline under the existing pavement areas will be filled with grout, caged and
left in place.
C\Documenis and Settings\tayl Crel\I_oc al Settings\Temporary Litemet Files\O LK65\Scope of Work Dixie Farrn Road Kinder
Morgan Tcj as 520-200 30in - OS OS O8.doc - -
Kinder Morgan Tejas Pipeline L. P.
Tejas 520-0200 30"
Adjust Crossings @ Dixie Farm Rd.
City of Pearland; Brazoria Co., Texas
Cost Estimate E080104 -- Budget Code 124070544
Description Quantity Unit Unit Price Total
36" Pi e .500" wt. DSAW SL X-60 w/ 14 Mil. FBE O Feet $ 338.17 $ -
& 30 Mil. Lill 2040 coatin
30" Pi e .500" wt. DSAW 5L X-52 w/ 14 Mil. FBE 1,120 Feet $ 281.03 $ 314,754
& 30 Mil. Lill 2040 coatin
Joint Coatin s Materials 1 Estimate $ 3,570 $ 3,570
Frei ht Allowance 5 $ /Load. $ 1,430 $ 7,150
36" 45 de 3R Ells .500" wt. Y-60 O $ / ea. $ 22,981 $ -
30" 45 de 3R Ells .500" wt. Y-52 4 $ / ea. $ 18,873 $ 75,492
Contractor Cost Labor and E ui ment
Well Pointin 2 $ / Pum $ 41,675 $ 83,350
30" Assembl H dro, Installation, & Tie-ins 1,120 $ / ft. $ 804 $ 900,200
30" Groutin /Abandonment 200 $ / ft. $ 48 $ 9,600
30" Portable Com ression Reserve E ui ment 48 $ / Hr. $ 665 $ 31,920
30" De- as and Cleanin 1 Estimate $ 6,561 $ 6,561
Stabilized Sand O $ /Ton $ 4,168.00 $ -
Construction Ins ection Services 45 $ / Da $ 800 $ 36,000
Radio ra hic Services 15 $ / Da $ 1,131 $ 16,965
R-O-W Contractor 5 $ / Da $ 800 $ 4,000
Surve 1 O $ / Da $ 3,096 $ 30,960
Sales Tax O 8.25% $ -
Consultin /Contract En ineerin & Draftin 600 Hr. $ 131 $ 78,600
Com an Labor 200 $ / Hr. $ 42 $ 8,400
Em to ee Benefits 1 % of Labor 46.0% $ 3,864
Em to ee Travel Ex ense O $ / Da $ 268 $ -
Colrl an Vehicle Ex ense 10 $ / Da $ 119 $ 1,190
R-O-W & Work S ace Dama es 2 Estimate $ 5,000 $ 10,000
Environmental Permits 1 Misc. $ - $ -
Gas Pur e and Pack 15.65 Mi. 36" 80 si MCF $ 10.72 $ -
Gas Purge and Pack (9.71 Mi. 30" @ 100 psi) 2,250 MCF $ 10.72 $ 24,120
Estimate Ex ense Sub Total $ 1,646,696
Total Estimated Pro"ect Cost $ 1,646,696
Company Overhead 1 Lump Sum 16.0% $ 263,471
Total Pro"ect Ca ital Re uirement $ 1,910,167
AFUDC (Allowance for Funds Used During Construction) O MOnthS 5.50% $ -
Total Project AFE Request $ 1,910,167
Jim Ephraim
June 17, 2008
Cost Estiamte_Dixie Farm Rd. -Tejas 30in. Ajdustment- Est. Smry(L) 06.17.08
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