HomeMy WebLinkAboutRES 03-067 RESOLUTION NO. 03-067
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 Unocal Pipe Line Company, on the FM 364 Major
Drive Improvement Project. The agreement is attached hereto as Exhibit "A" and made
a part hereof.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2003.
- Ma or Evelyn M. Lord -
Form ROW-U-43
7,.2000
(Replaces Fonn D-15-43)
(Electronic version GSD-EPC Nord 971
Pat--c 1 01'2
THREE PARTY UTILITY AGREEME-"f
Agreement No.
County: Jefferson ROW CSJ No.: 0786-01-064
Federal Project No.: DPR 0057 (001 ) Highway No.: 1=M 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 UNOCAL
PIPELINE COMPANYicting 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 10-5.
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-UI, dated March 2003 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 folio%%ing statement of work:
Replacement of existing 10" oil pipeline road crossing due to
non compliance with TXDOT Utility Accommodation policy because of
proposed highway improvement project.
and
)IN HEREAS, the State will administer federal funds in payment of the costs incurred in the ad.iusting of ON+ner's facilities
under provisions of Title 23 Code of Federal Regulations. Part 643: and.
WHEREAS. the State and the City desire to accomplish the adjustment. removal or relocation ofthe Owner's utilil%
facilities by entering into an agreement with the Owner and such work is shown in more detail in Ow'ner's preliminar%
plans. specifications and cost estimates which are attached hereto and made a part hereof. and which are prepare, in the torn
and manner required by Title 23 Code of Federal Regulations. Part 645 and.
WHEREAS. the State. City. and Owner w ish to document their agreement t')r the effecruation of the>c terns>.
SOW.THEREFORE. BE IT MUTUALLY AGREED:
!'h Cite \\iii pw, u) the ONNner the costs incurred in relocating and adjusting Owner's facilities up To the anl'+unt aid " ;;
:'Or �::[. athi le�ler,l� C,)SI paRlclp:ltlon \\Ith [Ile State [nets ;�.,ahlli'ti1tL" Ih:: �`it�
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.
_(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 decay 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 Citv agrees that if requested by the Owner, it will pay ninety( 90°,'o) percent
of the total billed costs to the Owner upon receipt of Owner's Final bill resulting in a ten (10%) percent retaina_e pending
audit results. The City may elect to request its eighty(80 0.•0) percent reimbursement from the State if this option is elected.
And, accordingly. upon conclusion of the audit and settlement of its findina_s all remaining retainase is to be prompuv paid
the Owner by the City and the City agrees to promptly request final reimbursement from the State.
Ifcosts 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 City may then claim eighty (80°0) reimbursement from the State. (n this instant::. no
audit shall be required prior to paymnent.
Form D-1;-48 enclosed with Owner's preliminary estimate attached to this agreement. is approved as comply in__ \�itlt Title
23.Code of Federal Regulations. Part 645, Sec. 645.1 1 5 and Owner is authorized. but not required. to contract such «ork.
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 rcuuircd.
reimbursement therefor shall be limited to costs covered b% a modification of this agreement or a%. rittcn change or extra
«ork order approved I:, the State.
It is expressk' understood that this agreement is subject to cancellation by the State at any tiiliC up to the date that %pork
under this agreerrtent has heen authorized and that such cancellation will not create any liability or the Fart oC the Mate.
greement does not waive any of the rights which Owner may legally have within the limits
The Owner by execution of this a
of the law.
City of Beaumont.Texas EXECUTION RECOMMENDED:
By:
Ci}y District Engineer.Texas Departmem of Trans portation
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: UNO L PIPELINE COMPANY Texas Transportation Commission
By:
B Director.Right of tya% Division
n F. Oveson
resi Date:
Title.,P dent
DatelI March 2003