HomeMy WebLinkAboutRES 01-223 RESOLUTION NO. 01-223
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute the Form ROW U-43,
the Three Party Utility Agreement for Southwestern Bell Telephone on the FM 364/Major
Drive Improvement Project as described in the agreement, Exhibit "A", attached hereto.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2001.
- Mayor -
Form ROW-U43
' 72000
(Replaces Form D-15-43)
(Electronic version GSD-EPC Word 97)
Page 1 of 2
THREE PARTY UTILITY AGREEMENT
Agreement No. I&(—,F0 2 6
Count-v: Jefferson ROW CSI No.: 786-01-064
Federal Project No.: Highway No.: FM 364
Contract No.: Account No.: 9120-00-001
This Agreement by and bet,.vecn the Stmc of Texas, acting by and through the.TPxaS Transportation Commission,hereinafter
called the State,and The City of Beaumont ,Texas,acting by and through its duly authorized official under Ordinance
No.: 92-192 dated the 28th day of July , 1992 ,hereinafter called the City,and Southwestern Bell Telephone , acting
by and through its duly authorized representative,hereinafter called the Owner,shall be effective on the date of approval and
execution by the State.
WHEREAS, it has been determined necessary to make certain highway improvements in the State Highway System as
designated by the State and generally described as follows: County Jefferson , Highway FM 364 , located from SH 105;
To SH 124 ;and,
WHEREAS,the State and the City,have previous to this date entered into a contractual agreement, agreeing to handle by
separate agreement the adjustment, removal or relocation of certain utility facilities necessitated as a result of highway
improvements on the hereinabove designated project on the basis of an 80/20 State to City funding/participation ratio with
the 80%State portion being in fact federal funds in which the State acts as steward;and,
WHEREAS,the State as steward,and the City will participate in the costs of relocating and adjusting certain facilities of
the Owner to the extent as may be eligible for State participation under Transportation Code,Title 6,Chap.203,Sec.
203.092; and,
WHEREAS, the Owner, in Affidavit,Form D-15-U1, dated September 23, 1999 ,has asserted an interest in certain lands
and that this proposed highway improvement will necessitate the adjustment,removal or relocation of certain facilities of the
Owner now located upon such lands as indicated in the following statement of work:
and
WHEREAS, the State will administer federal funds in payment of the costs incurred in the adjusting of Owner's facilities
under provisions of Title 23 Code of Federal Regulations,Part 645;and,
WHEREAS,the State and the City desire to accomplish the adjustment,removal or relocation of the Owner's utility
facilities by entering into an agreement with the Owner and such work is shown in more detail in Owner's preliminary
plans,specifications and cost estimates which are attached hereto and made a part hereof,and which are prepared in the form
and manner required by Title 23 Code of Federal Regulations, Part 645 and;
WHEREAS,the State,City,and Owner wish to document their agreement for the effectuation of these terms,
EXHIBIT "A"
NOW,THEREFORE,BE IT MUTUALLY AGREED:
The City will pay to the Owner the costs incurred in relocating and adjusting Owner's facilities up to the amount said costs
may be eligible for state and federal cost participation with the State then reimbursing the City.
The Owner has determined that the method to be used in developing the relocation or adjustment costs shall be as specified
for the method checked and described hereafter:
_(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.
X (2)Actual direct and related indirect costs accumulated in accordance with an established accounting procedure
developed by the Owner and approved by the State.
_(3)An agreed lump sum of S ,as supported by the detailed itemization of estimated costs attached hereto.
Upon execution of this agreement by the parties hereto the City will,by written notice,authorize the Owner to proceed with
the necessary adjustment, removal or relocation,and the Owner agrees to prosecute such work diligently in accordance with
the plans attached hereto,to completion in such manner as will not result in avoidable interference or delay in either the
State's highway construction or in the said work. Such authorization to proceed shall constitute notice on the part of the
State that the utility 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.
If costs are developed under procedure(1)or(2)as before specified, upon satisfactory completion of the relocation or
adjustment and upon receipt of a final billing from the Owner prepared in form and manner as prescribed by Title 23 Code
of Federal Regulations Part 645 and after the required audit,the City will pay to the Owner the full amount of costs found
eligible by said audit and the costs paid by the City pursuant to this agreement shall be full compensation to the Owner for
the costs incurred in making such adjustment,removal or relocation. Bills for work contemplated herein shall be submitted to
the City not later than ninety(90)days after completion of the work. The State will reimburse the City in an amount equal
to eighty(80%)percent of the payment to the Owner by the City upon receipt of evidence and certificate that payment in
this amount has been made to the Owner. The City agrees that if requested by the Owner,it will pay ninety(90%)percent
of the total billed costs to the Owner upon receipt of Owner's final bill resulting in a ten(10%)percent retainage pending
audit results. The City may elect to request its eighty(80%)percent reimbursement from the State if this option is elected.
And,accordingly,upon conclusion of the audit and settlement of its findings all remaining retainage is to be promptly paid
the Owner by the City and the City agrees to promptly request final reimbursement from the State.
If costs are developed under procedure(3)as before specified,the City will,upon satisfactory completion of the relocation
and adjustment by the Owner and upon receipt of a billing prepared in acceptable form,make payment to Owner in the
agreed to amount. And as before,the City may then claim eighty(80%)reimbursement from the State. In this instance,no
audit shall be required prior to payment.
Form D-15-48 enclosed with Owner's preliminary estimate attached to this agreement,is approved as complying with Title
23,Code of Federal Regulations,Part 645, Sec.645.115 and Owner is authorized,but not required,to contract such work.
The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be
contracted by Owner only with approval of the State in accordance with Title 23,Code of Federal Regulations, Part 645.
In the event it is determined that a substantial change from the statement of work contained in this agreement is required,
reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written change or extra
work order approved by the State.
It is expressly understood that this agreement is subject to cancellation by the State at any time up to the date that work
under this agreement has been authorized and that such cancellation will not create any liability on the part of the State.
The Owner by execution of this agreement does not waive any of the rights which Owner may legally have within the limits
of the law.
City of Beaumont ,Texas EXECUTION RECOMMENDED:
Dy.
AY%'XrX District Engineer,Texas Dcpanmcnt of Transportation
City Manager, Stephen J. Bonczek Beaumont District
ATTEST:
THE STATE OF TEXAS
Certified as being executed for the purpose and effect of
activating and/or carrying out the orders,established policies,
or work programs heretofore approved and authorized by the
Owner: Texas Transportation Commission
By:
By' J Director,Right of Way Division
Title: r+q �lgti, —Ei�t — Date:
Date: -7 '�O1b