R2009-083 - 2009-05-18RESOLUTION NO. R2009-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT
ASSOCIATED WITH THE COWART CREEK DIVERSION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Utility Relocation Agreement associated with the Cowart
Creek Diversion 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 Cowart
Creek Diversion Project.
PASSED, APPROVED and ADOPTED this the 18t" day of May, A.D., 2009.
OM REID
MAYOR
ATTEST:
~ .,`'°Q~PRt,AN
_'o~ .
s ~-
r-:
Y NG I G, RM =-v~..
C Y S RETAR ......
APPROVED AS TO FORM:
~J ~ ~T'~
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2009-83
STANDARD UTILITY AGREEMENT
ACTUAL COST -CITY
County: Brazoria County Road: Near Veterans Rd (CR143) & Dare Rd (CR935)
Project No.: DR0602 From: N/A
CSJ: N/A To: N/A
Road Project Letting Date: October 2009
This Agreement by and between the City of Pearland, Texas, ("City"), acting by and through its duly authorized
official, and ExxonMobil Pipeline Company, 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 Cowart Creek
Diversion Improvements, which said changes are generally described as follows: drainage improvements.
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: Install a new bored 14-inch
diameter pipeline crossing, 172 feet more or less, under Brazoria County Road 143, at a depth deep
enough to alleviate a conflict with proposed drainage culverts the City plans to install under County Road
143, in connection with its Cowart Creek Diversion Ditch project, as further described in Exhibit "A" and
such work is described in Owner's Estimate (estimated at $439,703.00), 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 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 One Hundred Percent (l 00%) 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 One Hundred Percent (] 00%) of the eligible costs as shown
in the final billing.
The ftnal 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.
Design 1 of 2 33. Revised 6/2008
In the event there is a substantial change for the statement of work contained in Exhibit "A", reimbursement is
limited to One Hundred percent (100%) 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 CITY
OWNER
Owner: Exxon obil /Pipeline Company
By: ~~~11
Title: Mana er, Right of Way & Claims
narP~ ~ ` 22 - ~ °~
Design
THE CIT F PEARLAND, TEXAS
By: v----- R
it isen
Title: City Manager
Date: May 18 2009
2 of 2
33. Revised 6/2008
EXXONMOBIL PIPELINE COMPANY
ESTIMATE OF EXPENDITURES CHARGEABLE TO OTHERS
G~V'T AND 3rd PARTY DAMAGE REIMBURSABLE PROJECT
DATE: 4-Mar-O9 AFE NO:
LocA~rloN of woRK: Pledger to Clear Lake Gas Plant 14" 42-440 TX-221 Cowart Creek CR 143 Pearland, Tx
COMPLETE DESCRIPT[ON OF WORK TO BE PERFORMED & REASON:
Displace and gas free approximately 20 miles of 14". Bell hole both sides of CR. 143 and bore a
new x-ing at a lower elevation approximately 172 ft. long. Tie in new x-ing. Disamantle old pipe as
close to edge of pavement and weld a cap on each end. Backfill and clean up.
~FC
E/VED
Adjustment for proposed new culverts for Cowart Creek under CR 143.
Apq I
g o9
EXPENSES REIMBURSED BY: Clty Of Pearland ~~~CiiP~~~.,t~,
~;,y.
THIS ESTIMATE GOOD FOR 90 DAYS.
QUANTITY COMPANY LABOR AMOUNT TOTAL
DESCRIPTION: # DAYS DAY RATE
15 350
5250
1 TECH LEADER
MAINTENANCE TECHNICIAN 160 0
WELDER 250 0
WELDER HELPER 160 0
5,250
PERSONAL EXPENSES OF COMPANY EMPLOYEES
# DAYS DAY RATE
OUT-OF-TOWN EXPENSES 75 0
OTHER:
0
COMPANY VEHICLE AND EQUIPMENT EXPENSE
# DAYS DAY RATE
1 TECH LEADER's VEHICLE 15 50 750
GANG TRUCK 0 200 0
WELDING TRUCK 0 200 0
MULTI-TECH's VEHICLE 50
750
MATERIAL S
PIPE (INCLUDING FREIGHT) PER FOOT
172 14" std wall pipe with FBE coating 98 16856
0
0 16,856
OTHER (INCLUDING FREIGHT) PER UNIT
FBE weld joint coating 3000
4 14" Hot bends 2650 10600
13,600
CONTRACT LABOR AND EQUIPMENT AMOUNT TOTAL
QUAN[TY ITEM k DAYS RATE
EMS USA Cypress Creek Pipeline Maint. 15 0 262734
1050 0
740 0
0 0
750 0
60 0
575 0
350 0
190 0
650 0
500 0
1 Survey Crew 15 980 14700
1 Drafting 3 300 900
0
8000 0
0
75 0
190 0
75 0 278,334
CONTRACT HAULING TRIPS
EQUIPMENT HAULING (ICC) 0
PIPE HAULING 0
OTHER
0
MISCELLANEOUS ITEMS
RIGHT OF WAY EXPENSES
PROPERTY DAMAGE EXPENSE 1000
1, 000
PAYROLL BURDEN & WELFARE EXPENSE
(54% OF COMPANY LABOR) 5250 2835 2,835
SUB-TOTAL 318,625
ADMINISTRATIVE OVERHEAD
(20% of SUB-TOTAL) 63725
63,725
SUB-TOTAL 382,350
CONTINGENCY 15 % OF SUB-TOTAL 57,353
TOTAL ESTIMATED EXPENDITURES 439,703
PREPARED BY: Steve CIOIII 1 00 % REIMBURSABLE = 439,703
BRAZORIA COUNTY , TEXAS \
H. T. & B. R. R. SURVEY, SEC. 31
.\\\
A-293
8" EMPCO
T
P OF 14"
a
11PCO
PIPELINE MARKER
N 50°• 39' E"
II II II II
30" KINDER MORGAN
EDGE OF ROCK DRIVE
2073+43.8
EXiSTIN
8" EMPCO
PROPOSED
14" EMPCO
4" EMPCO
EDGE OF ROCK DRIVE
2074+03.0
CENTERLINE
45° FACTORY
BEND
METER
POLE
(2) EXISTING 8x8
BOX CULVERTS
(TO BE REMOVED)
6" PIPE BARRICADE
EXISTING CUT AND CAP
TOP OF PRO OSED
14" EMPCO
0
CO
d
0
C
w
CO
2074+50.0
6" PIPE BARRICADE
U
1-
CD
IL}
w
¢
CO
0 O
tI- 00
Uj Csi
CD CO CD
0 00
N.NN
CENTERLINE OF DITCH
2074+76.6
5.1'
TOP BANK
N
pj
OD
0
-EN
OF
EDGE OF ASPHALT
a)
rn
I`
0
EDGE OF ASPHALT
Loa)
Nr'7
++
NN-
00
NN
/
TOP BANK
2075+35.8
TBM
RR SPIKE IN POWER POLE
CORRECTED EL-45.56'
d ° . " a' .a
stO
(3) PROPOSED 12x7
BOX CULVERTS
EXISTING BOX CULVERT
2075+42,5
BOX CULVERTS
PROPOSED
0
Z
w
U 0
F-0
0
_I O
w
0 Z
UJ
%rLLI
OU
1.0 r co
!_0 LO (.0
+ ++
LO LOU-)
0 00
N C\ N
8 .EMIFC0a
45°
corprxacia
,--4(.6NCn
maincomlin
+++++
L( .OL UD
rw-r-r`
ox0o
CONTROL POINT 1
5/8" IRON ROD W/ CAP SET
EL- 44. 85'
EDGE OF ASPHALT DRIVE
EDGE OF ASPHALT DRIVE
076+76.1
0
EXISTING 14" EMPCO
d� d
20
40
SCALE 1" = 20'
30" KINDER MORGAN
f! II
PIPELINE MARKER
VENT
MAILBOX
POWER POLE
DITCH
OVERHEAD ELECTRIC
CENTERLINE
CHAIN LINK FENCE'
""`BARBED 'MIRE r'FNCI
9.3'
:///
/
i//2///:-
0.8'
ROPOSED (3
12x7 BOX CULVERTS
EXISTING 3x8
BOX CULVERT
(TO BE REMOVED)
CENTERLINE OF
45' FACTORY BEND
1. REFERENCE DRAWING: PLEDGER TO CLEAR LAKE
CAS PLANT, LOC. 42-440 ALIGNMENT SHEETS.
2- :THE BASIS OF BEARING FOR THIS SURVEY .IS THE
BEARING SHOWN ON THE REFERENCE DRAWING -
ALIGNMENT:` SHEET 14 of 18..
3. VERTICAL CONTROL. IS .BASED ON T,B.M. 6
(ELEVATION = 44.22') OF THE PROJECT LAYOUT,
SHEET 2 OF 77, OF THE COWART CREEK DIVERSION
DITCH PROJECT, CITY OF PEARLAND PROJECTS
DEPARTMENT, PREPARED BY JKC & ASSOCIATES, INC.
THIS DRAWING' AND ALL INFORMATION HEREON IS THE PROPERTY OF EXXONMOBIL PIPELINE COMPANY AND SHALL NOT BE COPIED OR .USED
EXCEPT FOR THE PURPOSE:FCR WHICH IT IS EXPRESSLY FUJRNISHED. THE DRAWING AND ANY COPIES THEREOF (PARTIAL OR COMPLETE) SHALL
BE RETURNED TO THE OWNER UPON DEMAND.
DRAWING STATUS
PR E , ' Ll l'1 L4M A R LI
FOR REVIEW AND COMVENTS
❑ APPROVED
❑ APPROVED AS MARKED
BY DATE
ExxonMob l Pipeline Company
ENGINEERING SERVICES HOUSTON, TEXAS
DESIGN..
ENGINEER
DESIGN
CHECK
APPROVED
APR 28 09
nth/ Di r
r�
60
LEGEND
80
•
X
OE
V v
5 9'
RECEPft COWART CREEK DIVERSION
DITCH PROJECT
AT VETERANS (Co R. 143)
14" PLEDGER GAS PLANT TO
CLEAR LAKE GAS PLANT
TLC-221 LOC. 440
S & V SURVEYING, INC.
PROFESSIONAL LAND SURVEYORS
20111 KRAHN SPRING, TEXAS 77388
OFFICE - (281) 353-2570 FAX - (281) 353-2407
E-MAIL - cadd@sysurveying.com
W. 0.
No.
REVISION
DATE
DRN.
CHK..
APR.
DRAWN
BY
DRAWING.
CHECK
DATE
Date:
7/15/08
Scale: H: 1"=20' V: 1 "=
Drawn By.
AF
Job No.: 88100--015—C-PLC
Checked By: GAM
Drawing No. C-1825