R2010-112 - 2010-08-23RESOLUTION NO. R2010 -112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT
ASSOCIATED WITH THE COWART 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 23 day of August, A.D., 2010.
TIA
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(Z,,- R 41---
DARRIN M. COKER
CITY ATTORNEY
STANDARD UTILITY AGREEMENT
ACTUAL COST CITY
County: Brazoria Road: CR 143 at Cowert's Creek
Project No.: From:
CSJ: To:
Road Project Letting Date:
This Agreement by and between the City of Pearland, Texas, "City'), acting by and through its duly authorized
official, and ConocoPhillips Pipe Line Company, acting by and through its duly authorized representative,
"Owner /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 CR 143, which said
changes are generally described as follows: Widen to 4 lanes
WEIFRE these proposed roadway improvements will necessitate the adjustment, removal, and/or relocation
of certain facilities of Owner /Operator as indicated in the following statement of work: To safely and
efficiently perform an in- service Iine lowering of both the 8" Ethane Propane and the 12" finishcd products line
in Pearland, TX at the intersection of CR 143 (Veterans) and the Cowart Creek Diversion Ditch Project. Once
the line lowering is performed CPPL will complete the dirt backfill to 95% compaction with T of cover over the
pipelines. The City of Pearland will develop a traffic control plan in order to comply with their traffic safety and
detour requirements. The City of Pearland will also work with Brazoria County to repair and replace Veterans
road after lowering of the pipelines has been achieved as further described in Exhibit "A" and such work is
described in Owner /Operator's Estimate (estimated at $569,000.00), 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 Owner /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 Owner /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 (100 of the cost of the adjustment or relocation.
The Owner /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.
(2) Actual direct and related indirect costs accumulated in accordance with an established accounting
procedure developed by the Owner /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 (100 of the eligible costs as shown
in the final billing.
Design I of 3 33. Revised 6/2008
The final billing for work completed herein shall be submitted to the City not later than one hundred eighty (180)
days after completion of the work. Upon receipt of the final billing and conclusion of the audit, the City agrees to
pay Owner /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.
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 /Operator's "as- built" plans supplied to the City. City shall reimburse Owner /Operator 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 /Operator
to proceed with the necessary adjustment or relocation, and the Owner /Operator agrees to prosecute such work
diligently in accordance with the Owner /Operator's plans. Such plans are attached as Exhibit "B
Owner /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 Owner /Operator by its actions cause interference or
delay resulting in the imposition of damages to the City by a third party, Owner /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 final
approved project agreement and plans.
The Owner /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 Owner /Operator 100% of all cost incurred by Owner /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 Owner /Operator conducts the adjustment, removal, or relocation at its
own risk, and that the Owner /Operator agrees to indemnify and hold the City harmless for damage to existing
facilities caused by the conduct of the Owner /Operator or any third party working on behalf of Owner /Operator.
Design 2 of 3 33. Revised 612008
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
UTILITY
OWNER/OPERATOR
Owner /Operator: ConocoPhillips Pipe Line Company
By: vn?�
Title: A ttvnley in -Fact
Date: u S-rt x t ;u t o
CITY
TIDE CITY OF PEARLAND, TEXAS
4
�a
By.
Title: YY1 V 0 �Ize
Date: 7
Design 3 of 3 33. Revised 612008
Exhibft A CONOCOPHILLIPS PIPE LINE COMPANY
rja7 e- I a f A COST ESTIMATE
Location X-12-33 Cowart Creek Diversion Efth -CR 143 Date 8W01 0
Description of Job: The oblecti'veofthis project is to safely and efficiently perform an in- service lire Imering of both the 8* Ethane Propane and the 12 finished
products line in Peartand, TX at the intersection of CR 143 (Veterans) and the Cowart Creek Diversion Ditch ProjecL Once the line lowering is
performed CPPL will complete the dirt bacUll to 95% compaction, The Cky of Pearland will develop a traffic contrd plan in order to comply with
their [raft S2fgq and detour requirements. The City of Pearland will also wm* with Brazoria County to repair and replace Veterans road
after lowering of the pipelines has been achieved.
uNiT cussl ITEM
DESCRIPTION
QTY
Prier
TOTAL
S2
Fencing Supplies and MatenaLs
1
$1.955 00
$1,955.00
Miscellaneous Materials and Supplies
1
313.8m 00
$13.800.00
Water Pumps.
1
$3.450.00
$3,450.00
Trackhoe
1
$13,800 44
313.800.00
security
1
S23.00OLDD
S23,ODD.00
Traffic Control Devlcas
1
50.00
SODD
Conti ono
1
519,550.00
519.550.00
W-
Mat Rental Trucking
Coating 12'
I 518,400,00 S18,400.00
1 59.500.00 59.500.00
Coati g 8'
1
$12.500.00
5I2,500.00
Dewatenng System
1
S72,000.00
$72,000.00
Shormll
I
S30.0DO.00
S30.000-00
Sandblasting Medium and Misc Malarial
1
$2,000.00
52.000-00
INDIRECT MATERIALS
510,997.75
-5,%
FREIGHT
2%
$4,619.()6
TAXES
5.25%
519.434.67
MATERfALS SUBT
Ao"
Hrs
12
Field Supervisor w/Truck 1 Straight
170
7
.00
S4725
58,032.50
Hrs
Field Suparvisor wrrfuck I OverTime
30
$53.25
$1.747.50
Hrs
Pusher 1I Straight
170
$25.W
$4.250.00
Hrs
Pusher I OverTime
30
S37.51)
51.125.00
Hrs
Laborer I Straight
680
$19.0D
S12.920-00
Hrs
Laborer f OverTime
120
$28.50
$3.420.00
Hrs
Carryall wrromls 1
200
$24.00
$4,41W.00
Hrs
Trackhoe w/Operator 1 Straight
170
$79.00
$13,430.00
Hrs
Trackhoe wtOperator 1 OverTime
30
$91.00
S2.730.00
Hrs
Trackhcew1OpemtqL2-SjmWht
170
$7900
S13.430.00
Hrs
Trackhoe w/Operator 2 OverTime
30
591I.00
$2.730.00
Hrs
S Ton Truck Lowboy w/ Driver Straight
60
578.75
$4,72500
Hrs
Pusher 2 Straight
170
$25.00
$4.250-00'i
Hrs
Pusher 2 OverTime
30
$37-50
$1,125.00
H-
Labcrer 2 Straight
680
$%00
$12.920.00
Hrs
Laborer 2 OverTime
120
528-50
S3.420.00
Hrs
Carryall wrr000ls 2
200
$24.00
$4.800.00
Hrs
Dozer Wide Track vd0peralor I Straight
170
593.5
315.810.00
Hrs
Dozer Wade Track w10perator I OverTime,
30
$104.00
53.1120.00
Hrs
Dozer Wide Ttack wl0parator 2 Straight
170
$93.00
$15.81000
Hrs
Dozer Wide Trackw/Operator 2 OvefTime
30
$104.00
$3.120.00
Hrs
Welder I
so
$57,00
$2,850.00
Hrs
Welder 2
50
S5700
$2,850.00
His
Operatorwrl Straight
80
$33.50
$2.68000
Hrs
Operator w/Truck OvorTirre
30
544.50
51.335-00
Hrs
Hrs
Field Supervisor wfl 2 Strai
Trackhoe w/Operator Straight
100 $47.25 54.72500
20 $79.00 $1,580.00
Hrs
Trackhoe w/Operator CverTime
a
S91-00
$0.00
Hrs
Pusher Straight
20
S2500
M°00
Hrs
Pusher OverTime
a
537,50
$000
Hrs
Laborer Straight x 4
80
319.00
51.52000
Hrs
Laborer OverTime
0
$28.50
S000
I-Irs.
Carryall w[T000ls
20
$24.00
$480.00
E M 7
Hrs
Pushe Straight
140 12�1 $3,500 OD
Hrs
Pusher OT
50.00
HTS
Laborer Straight
560
519-00
$10,640.00
Exhibit
p 5 4 A 0 [1 A-
Hrs
Laborrer -OT
528.50
$0
Hrs
CanyaIl wlT000ls1
11 0
$24.00
S3,360M
Hrs
Steamcleaner
50
563.00
53,150.00
Hrs
5 Fon Truck 8 Lan y wl Driver Stmi ht
u
S79.00
59,480.00
CurwcoPhillis:.- ..1#pieta
Hrs
Area Supervisor-
D
563.46
$1,269.20
Hrs
Maintenance Supervisor-
63
S47.48
52,848.80
Nrs
Technician-
548.16
50.00
Hrs
Line Locator-
.5
$47.48
5759.58
INDIRECT LABORIEQUIP.'ENTER PERCENTAGE
55;
59.56213
C[OO�Q4.S4
Temporajy Work Space
1
S13,000.00
S13,000A0
INDIRECT LABORIEQUIP- 'ENTER PERCENTAGE
FIX
$650.00
Da
Construction Field Representative (CFR)
5800.00
$24,000.00
Hrs
Operations Engineer
10
$g500
5650.00'
Hrs
Project Manager
20
$6500
51,300.00
ENGINEERINGlPROI'141GMT- SUBTOTAL
:`i 525950.00
p
OTHER- sUBTCSYAL ::z
3
..550.00.
CONTINGENCY:
15%
$74.311.69
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dc: 3
CONOCOPHILLIPS COMPANY OVERHEAD FOR REIMBURSABLE PRO
15%
574,311.69
r r i r r
Prepared by: Todd Venamon Date: 7/22/2010
Reviewed by: Bill Alexander Dale: 7f22f2010
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