R2009-016 - 2009-01-26RESOLUTION NO. R2009-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT
ASSOCIATED WITH THE CULLEN PARKWAY PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Utility Relocation Agreement associated with the Cullen
Parkway 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 Cullen
Parkway Project.
PASSED, APPROVED and ADOPTED this the 26t" day f Jan ary, A.D., 2009.
T REID
MAYOR
ATTEST:
..
Y NG I G, M
S RETARY
a.,
`,.~~:
a
~~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2009-16 T20003
STANDARD UTILITY AGREEMENT
ACTUAL COST -CITY
County: Brazoria Road: Cullen Parkway FM 865]
Project No.: T20003] Fro-n: Beltway 8
CSJ: 0976-02-085] To: FM 518
Road Project Letting Date: February, 2009]
This Agreement by and between the City of Pearland, Texas, ("City"), acting by and through its duly authorized
official, and Monument Pipeline Company, 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 City.
WHEREAS, the City has determined that it is necessary to make certain improvements to Cullen Parkway, FM
865, 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: Removal of existing 16" gas
transmission pipeline and lower under Cullen Blvd, as further described in Exhibit "A" and such work is
described in Owner's Estimate (estimated at $374,738), 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 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 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 twentyfive Percent (25%) 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:
^ (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 twentyfive Percent (25%) 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.
1 of 2 33. Revised 6/2008
Design
[n the event there is a substantial change for the statement of work contained in Exhibit "A", reimbursement is
limited to twentyfive percent (25%) 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 unreasonable 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 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 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, 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 of the Owner or any third party working on behalf of Owner.
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
UTILITY
OWNER
Title:
CITY
THE CITY OF PEARLAND, TEXAS
ument Pi eline Company, LP
.. ~ BY~
~~T~
Date: V~ ~
Title: Bi 11 Eisen City Manager
Date: 2/16/09
Design 2 of 2 33. Revised 6/2008
MONUMENT
~~;
,~~-'~, PIPELINE, LP
November 25, 2008
City of Pearland
Skipper Jones, MPM, CIPM
Project Manager, Projects Dept.
Mr. Jones,
Based on the most recent set of drawings and refinement of the project scope,
Monument has prepared a revised project plan and estimate.
The scope is as follows:
1. Install 2 temp culverts w/mats
2. Dig bell holes on either side of Cullen and cut back approximately 40' of pipe on each
side from the ends of the casing. Leave enough pipe on the east side sticking out from
the casing to allow attaching for pulling it out of the casing.
3. Pull the 16" pipe out of the casing. Cut into 40' joints and haul to Senior Road.
4. On west side of road, cut casing back past the 8' x 4' box culvert and weld a plate on
the end. On the east side, put a plate on the end of the casing. Pump casing full of
grout.
5. Strip back a tail ditch on east side approximately 150' long for pull pipe
6. String and weld up approximately150' of bore pipe.
7. Fabricate risers with 45s and transition pieces
8. X-ray all welds
9. Hydrotest for 4 hours and de-water.
10. Coat field joints and run holiday detector on bore section
11. Bore approx 150' crossing and push in pipe
12. Make tie ins to existing pipeline
13. Coat remaining field joints and run holiday detector
14. Clean up and mobe out of location
The estimate for this work is detailed in the attachment and is estimated to be $375K.
/i~
Joe Mills
Director, Operations and Engineering
Attachment -Cullen Relocation Cost Est Nov 25, 2008
5847 SAN FELIPE, SUITE 1910 HOUSTON, TX 77057
~~~~~ ~-1
MONUMENT PIPELINE
Project: Relocate P-16 at Cullen Blvd
JM: 11-25-08
Scope: 150' Slick bore with 45 degree risers
UNITS UNIT
Line Lay UNIT REQ'D PRICE COST
Rights of Way: Temp workspace ft 2 $3,660 $7,320
Pipe: 16", .375 wt, X42 w/ARO ft 180 $128 $23,040
Valves & Fittings
- 45s ea 4 $2,440 $9,760
- weld caps ea 2 $2,440 $4,880
Pipe Installation ft 1 $165,000 $165,000
Road Boring ft 0 $0 $0
Directional Drill ft 0 $0 $0
Tape & Primer lot 0 $0 $0
Supervision (Company) day 15 $732 $10,980
Supervision (3rd Party) day 15 $732 $10,980
Survey & Drafting lot 1 $18,300 $18,300
X-Ray day 0 $0 $0
Cathodic Protection lot 0 $0 $0
Hydro lot 0 $0 $0
Well Pointing ea 2 $3,000 $6,000
Other: culverts lot 0 $0 $0
Other
Meter site ea 0 $0 $0
Meter Run: ea 0 $0 $0
Pipe, Valves, Fittings lot 0 $0 $0
Control Valves: ea 0 $0 $0
Controllers: ea 0 $0 $0
EFM w/radio: lot 0 $0 $0
Telemetry w/radio lot 0 $0 $0
EFM & Telemetry w/radio lot 0 $0 $0
Chart Recorder & Misc. lot 0 $0 $0
Inspection (Company) day 0 $0 $0
Station Installation lot 0 $0 $0
Site Preparation lot 0 $0 $0
Other: lost product $/mcf 3,200 $10 $32,000
Project sub total $288,260
Contingenc 30% $86,478
PROJECT TOTAL -- $374,738
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