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Home My WebLink AboutRES 02-058 RESOLUTION NO. 02-058 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute the Form ROW U-43,the Three-Party Utility Agreement, for Alon Petroleum Pipe Line Company on the FM 364 Major Drive Improvement Project. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2002. -0 W_ (ktar� - Mayor David W. Moore - Form ROW-U43 i 7/2000 (Replaces Form D-1543) (Electronic version GSD-EPC Word 97) Page I of 2 THREE PARTY UTILITY AGREEMENT Agreement No. County: Jefferson ROW CSJ No.: 0786-01-064 Federal Project No.: DPR OOS7 (001) Highway No.: F14 364 Contract No.: Account No.: 9120-00-001 This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission,hereinafter called the State,and The City of Beaumont,Texas,acting by and through its duly authorized official under Ordinance No.: dated the day of , ,hereinafter called the City,and ALON PETROLEU4 PIPE LINE CCOPANXacting 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: Jefferson County; FM 364; located from SH 124 To SH 105. 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 801/6 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 ,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: Cold-cut, purge and remove existing 10"-diameter pipe to edge of existing pavement. Slick-bore and install new, 10"-diameter, 0.365" w.t. steel line pipe approx. 10' north of existing utility crossing, with 4' of cover (thin.) beneath lowest ditch grade, and for a distance of 293' . New crossing will be hydrostatically-tested to 1800 psig, -ith .11 welds X-rayed and coating electronically inspected. WHEREAS,tre 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, Pan 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, NOW,THEREFORE, BE IT MUTUALLY AGREED: The City will pad to the Owner the costs incurred in relocating and adjusting Owner's facilities up to the amount said costs mad be eligible for state and federal cost participation u ith the State then reimbursing the Citv EXHIBIT "A" a 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. _(2)Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the Owner and approved by the State. X (3)An agreed lump sum of S ,as supported by the detailed itemization of estimated costs attached hereto. Eligibility ratio as app ie to total cost of adjustment of $67,380.00 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%'0)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 Citv may then claim eighty (80%)reimbursement from the State. In this instance, no audit shall be required prior to paymnent. Form D-15-48 enclosed with Owner's pret:minary 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: By: mayor City Manager District Engineer,Texas Department of Transportation 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:.AWN PMOLEU4 PIPE LINE C(14PAW Texas Transportation Commission By: \-\,, By: Director,Right of Way Division Randy Hi1Lv Title: Vice President Date: Date: 14arch 01, 2002 -s _s