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Home My WebLink AboutRES 02-224 RESOLUTION NO. 02-224 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 the Huntsman Petrochemical Company, on the FM 364/Major Drive Improvement Project, as shown on Exhibit "A" attached hereto. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of October, 2002. - M yor Evelyn M. Lord - I Firm RIM_U--1 7/21)O1 I (Rcpiaccs form D-15-43) (Electronic vcrsii+n GSD-LPC Word 97) Page I of THREE PARTY UTILITY AGREEyIENT Agreement No. County: Jefferson ROW CSJ No.: 0786-01-064 Federal Project No.: DPR 0057 (001 ) Highway No.: FM 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.: 92-192 dated the 28thday of July 1992 hereinafter called the City, and HUNTSMAN PETROCHEMICAL , 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: 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 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-I5-U I,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 nww located upon such lands as indicated in the followim; statement of work: Extension of pipeline casings on (2) two pipelines approximately 38 feet, one being a six inch Propylene line with a 10 inch existing casing, and the other, an eight inch Ethylene pipeline with an existing 12 inch casi.ng. `Approx. location at TXDOT Stq Lion Plus 62+80. '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 6-45: 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 %till 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; W HEREAS. the State. City. and Owner kcish to document their agreement for the effectuation of these terms. NOW.THEREFORE. BE IT MUTUALLI AGREED: The City gill pa. to the Otisncr the cutih incurred in relocating and adlustin_ Om Tier's f;tciimc; up to the amount ,,tid cult mgt. ho: <•lieihlc f,)r ,t.tte ,utd 'cdcral pjia ticIr,11I on kith the titatc then rcimbur�inc the City EXHIBIT "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: X (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. _(;) 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 dili;ently 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 �f 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 a_reed to amount. And as before, the Citv may then claim eighty (30%) reimbursement from the State. In this instance, no audit shall be required prior to paymnent_ Form D-15-43 enclosed with Owner's preliminary estimate attached to this agreement. is approved as complyin_ with Title 23. Code of Federal Re�,ulations. Part 645, Sec. 645.1 15 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 Re__ulations. 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 chanLe or extra «ork order approved by the State - It ; e•<pressl� undentond that this a_rerntent is subject to cancellation b,. the State at anv time up to the date [hat ,; r ender this a_re ment Ita, been authors ed .end tba[ such cancellation will not create any liability on the part �,t the Slate 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 RECOM,NIENDED: By: Mayor District Engineer,Texas Department of Transportation ATTEST: Beaumont District THE STATE OF TEXAS Certified as being executed for the u ff activating and/or carrying p rpose and effect of r rry g out the orders,established policies, Owner: '' i or work programs heretofore approved and authorized by the Texas Transportation Commission y By: ( �urr'�SMA4J J C j uQ-k► t C z I� By /��r,� �n Director,Right of Way Division Title: L, �'7k1Ctq'1 L kk Date: Date: