R2008-089 2008-06-23 TR0805RESOLUTION NO. R2008-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT
ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT (PHASE II).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Utility Relocation Agreement 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 Agreement associated with the Dixie
Farm Road Project.
PASSED, APPROVED and ADOPTED this the 23~d day June, A. D., 2008.
EID
MAYO R
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2008-89 File No_ 08-0'13'1
Rev. 6/2008 TR0805 Dixie Farm Rd Please II (Conoco Phillips Pipeline Co.)
Page 1 of 2
STANDARD UTILITY AGREEMENT
ACTUAL COST -CITY
County: Brazoria Road: Dixie Farm Road Phase II
Project No.: TR0805 From: 7 500 fr south of FM518
CSJ: 0912-31-]08 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
ofticial, and Conoco Phillips Pipe Line Company, acting by and through its duly authorized representative,
("Operator"), 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 Operator as indicated in the following statement of work: Extend casing for the 12"
pipeline from existing right-of--way to the proposed right-of--way as further described in Exhibit "A" and such
work is described in Operator's Estimate (estimated at $645,588), which is attached hereto and made a part
hereof as Exhibit "A", and which is prepared in form and manner required by 23 CFR 645, Subpart A, and
amendments thereto; and
WHEREAS, the Operator, has provided sufficient legal authority to the City to establish an interest in
properties affected by the abovementioned 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 Operator's facilities to the extent
authorized under Title 23, Code of Federal Regulations, Part 645, Subpart A. The City's participation shall
consist of one hundred Percent (1 00%) of the cost of the adjustment or relocation.
The Operator 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.
Q (2) Actual direct and related indirect costs accumulated in accordance with an established accounting
procedure developed by the Operator 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 one hundred Percent (]00%) 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 one hundred and eighty
(l80) days after completion of the work. Upon receipt of the final billing and conclusion of the audit, the City
agrees to pay Operator 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. 6/2008
Page 2 of 2
Upon execution of this agreement by all parties, the City will, by written notice, authorize the Operator to
proceed with the necessary adjustment or relocation, and the Operator agrees to prosecute such work diligently
in accordance with the Operator's plans. Such plans are attached as Exhibit "B". Operator 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 Operator by its actions cause interference or delay resulting in the imposition of damages
to the City by a third party, Operator agrees to be responsible for damages, including attorney's fees, defense of
claims and indemnification associated with 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 Fnal approved project agreement and plans.
The Operator 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, 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 Operator 100% of all cost incurred by Operator 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 Operator conducts the adjustment, removal, or relocation at its own risk,
and that the Operator agrees to indemnify and hold the City harmless for damage to existing facilities caused by
the conduct of the Operator or any third party working on behalf of Operator.
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
OPERATOR
UTILITY CITY
Operator: ConocoPhillips Pipe Line Company
By:
Title: Attorney-~rrFact
Date: T•-~..~.~ !~ Zm $
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THE CITY OF PEARLAND, TEXAS
By: -
Bill Eisen
Title: City Manager
Date: June 23. 2008
Front end est casing ext
ConocoPFiillips Dixie Farm Road Crossing Replacement
Description: The Texas Department of Transportation is planning to widen Dixie Farm Road in 2008-
This estimate covers the required protection for the three CPPL pipelines. This is the cost of
maintaining adequate depth of cover and extending casing from existing ROW to new ROW for the 12"
pipeline and the cement protection of the 8" and 18" pipelines.
Item Price Quantit Total
12" pi a FBE 16 Mils, Powercrete 40 Mils $54 200 $10,846
bends $2,500 2 $5,000
Casin extension 8. Tie -ins $275,000
cement rotection and of 8" and 18" PL $40,000
En ineerin $1,100 30 $33,000
Contract ins ection and const su er - $800 15 $12,000
CPPL ersons 5 u s 10 da s $50 250 $12,500
Decommission = nitro en, i s, vac trucks, dis osal, etc $70,000
ROW tem works ace $15,000
Environmental and dama es $35,000
Drawin s $2,000
15% Overhead for reimbursable ro'ects $76,552
10% Contin enc $58,690
Tota I $645,588
INSTALL 16'
SPLIT CASI\
ON ADJUSTS
12' PIPELINE
ConocoPhlllips
Pipe Line Company
CONCRETE
4" VIN. THICKNESS
5' WIDE
12" A3OV- (2) PIP
C
D
SMG
6/08
LIN
DIXIE FARM ROAD
-S
CPPL ROAD CROSSING
EAST SIDE OF DIXIE FARM ROAD
SCALE
PROJECT
NO
1
SHEET 1 OF 2
FOR REFERENCE ONLY - OFFICIAL DOCUMENT STORED ELECTRONICALLY PLOT DATE = 6/10/200B PLOTTED BY t gerres
FILE NAME : dtxtecpplt.dgn
i
CONCRETE
4" MIN. THICK \ESS
5' WIDE
12" ABOVE (2) PIPEEI\ES
l�
ConocoPhillips
Pipe Line Company
SMG
6/os
DIXIE FARM ROAD
CPPL ROAD CROSSING
WEST SIDE OF DIXIE FARM ROAD
SCALE
PROJECT
NO
SHEET 2 OF 2
FOR REFERENCE ONLY - OFFICIAL DOCUMENT STORED ELECTRONICALLY PLOT DATE r 6/10/2000 PLOTTED BY : garres FILE NAME : dixiecppll. dgn
r