R2009-084 - 2009-05-18RESOLUTION NO. R2009-84
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 18th day of May, A.D., 2009.
TOM REID
MAYOR
ATTEST:
'QtiP.RLA~~~,,
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C SE RETARY .
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2009-84
STANDARD UTILITY AGREE~IIENT
ACTUAL COST -CITY
County: Brazoria County Road: Near Veterans Rd (CR143) & Dare Rd (CR935)
Project No.: DRO602 From: N/A
CSJ: N!A To: N/A
Road Project Letting Date: October ZOU9
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 Cowart Creek
Diversion Improvements, which said changes are generally described as follows: drainage unprovements.
~YHEREAS, these proposed roadway improvements will necessitate the adjustment, removal, andr'or relocation
of certain facilities of Owner as indicated in the following statement of work:Extend casing of existing 30"
Natural Gas Pipeline as further described in Exhibit "A" and such work is described in Owner's Estimate
(estimated at 5330,107.00), 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 (100%) 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:
^ (I) 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 IIundred Percent (100%) of the eligible costs as shown
in the final billing.
'Che 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°ro) 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!21708
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
doct--nented 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. 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: Kinder Morgan Tejas Pipeline LLC
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By: ~ ~ ~
Title: j~2nlec~ ~'~ ~~" ~
Date: s l~'/O `~ ~,1~,~
THE CITY EARLAND, TEXAS
By: '~J~
Bi 1 Eisen
Title: City Manager
Date: May 18 , 2009
Design 2 of 2 33. Revised 6/2008
EXHIBIT A
.J
Scope of Work Attachment
Kinder Morgan Tejas 520-200 30" Natural Gas Pipeline
Extend Casing at Cowart's Creek Diversion Ditch
Pearland, Brazoria County, Texas
Excavate existing 30" natural gas pipeline on the northerly side of Cowart
Diversion Ditch and install approximately eighty (80) feet of 34" Casing Pipe
around the 30" pipeline with 30" by 34" insulators, link seal and casing end seal.
Excavation will then be backfilled and stabilized sand will be added.
:finder Morgan Tejas Pipeline LLC
Tejas 520-200 30"
Extend casing at Cowart Creek Diversion Ditch
Pearland, Brazoria Co., TX
Cost Estimate E080812
Description Quantity Unit Unit Price Total
34" Pipe STD Gr. B FBE Coated 80 Feet $ 300.00 24,000
Frei ht 1 $ $ 1,470 1,470
30 x 34 Insulators 16 $ / Ea. $ 80 1,280
30 x 34 Link seal 1 $ / Ea. $ 750 750
30 x 34 Casing end seal 1 $ / Ea. $ 245 245
Casin vent allowance 1 $ / Ea. $ 500 500
Cathodic test station 1 $ / Ea. $ 105 105
Contractor cost Labor & Equi
Extend Casin 65 $/ FT. $ 2,000 130,000
Recoat existin mainline i e 65 $/ FT. $ 310 20,150
Shorin 1 $ / Ea. $ 20,000 20,000
Stabilized sand 200 $ /Ton $ 71 14,200
Construction Inspection Services 1 full time) 30 $ / Da $ 715 21,450
ROW Contractor 5 $ / Da $ 715 3,575
Radiographic Services 0 $ /Day $ 2,500 0
Surve and draftin contractor 4 $ /Day 2,500.00 10,000
Sales Tax 0 8.25% 0
Contract Engineerin / Draftin 160 $ / Hr. $ 110 17,600
Company Labor 150 $ / Hr. $ 50 7,500
Employee Benefits 1 % of Labor 46% 3,450
Employee Travel Expense & phone 1 Is $ 200 200
Compan Vehicle Expense 1 Is $ 600 600
R-O-W & Work Space Damages 1 $ / ea. $ 2,500 2,500
Environmental Permits /Review 1 $ $ 5,000 5,000
Gas Purge and Pack (Line out of service) NA MCF $ 7.50
Estimate Ex ense Sub Total 284,575
Company Overhead
1 Of
Project
16%
45,532
Total Project Capital Re uirement 330,107
AFUDC (Allowance for Funds Used During Construction) 0 Months 7.50% 0
Total Project AFE Request 330,107
Patrick Conklin
Jim Ephraim
May 7, 2009
Cost Estimate - E080812 -Tejas 520-200 Cowart Creek Diversion(L) - 05.07.09
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