HomeMy WebLinkAboutRES 07-048 RESOLUTION NO. 07-048
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Utility Joint Use
Agreement and a Standard Utility Agreement with West Texas Gulf Pipe Line Company
for the Phelan Boulevard Pavement Widening Project. The agreements are substantially
in the forms attached hereto as Exhibits "A" and "B" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
February, 2007.
AW
- Mayor Guy N. Goodson -
City of Beaumont/Utility Joint use Agreement
Page 1 of 2
UTILITY JOINT USE AGREEMENT
THE STATE OF TEXAS X
- Jefferson County
COUNTY"OF JEFFERSON X
Street Name. f1{GLdM-8ov1-&L/ �
-' Location
t-Q.oes,\
-37—M 1L,63
WHEREAS., the City of Beaumont,`a municipal corporatioi��tQ�ciled-in Jefferson Conn- ,
ty. .
.. Texas, hereinafter call edthe City,proposes to make certain street improvements on that section
of the above indicated street; and
WHEREAS, the _—tr I x A� LT= PpC / 1�.,E
hereinafter called the Owner,proposes to retain, locate or relocate certain of its facilities and
retain title to any property rights it may have on, along or across, and within or over such limits
of the street right of way as indicated on the plans attached to Standard Utility Agreement as
executed by Owner on the day of
sketches attached hereto except as provided hereinbelow; 200_ , or on location
NOW, THEREFORE, it is hereby mutually agreed that joint usage for both street and utility
purposes will be made of the area within the street right of way limits as such area is defined and
to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of
ownership of an easement or fee title or otherwise under law has the right to alter, modify or add
to facilities presently located within he area above described or construct additional facilities
therein, such right is hereby retained,provided,however, if existing facilities are to be altered or
modified or new facilities constructed within said area the Owner agrees to notify the City prior
thereto, to furnish necessary sketches showing location, type of construction and methods to be
used for protection of traffic, and if, in the opinion of the City,
new-construction will injure the street or endanger the traveling public using said street he City
shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the
protection of the street facility and the traveling public using said street;provided furth
however, that such regulations shall not extend to the requiring of the placement of intended er,
overhead lines underground or the routing of any lines outside of he area of joint usage above
described.
In the event of an emergency, it being evident that immediate action is necessary for the
protection of the public and to minimize property damage and loss of investment, either party
hereto may at their own responsibility and risk make necessary emergency repairs, notifying the
EXHIBIT "A"
City.of Beaumont/Utility Joint use Agreement
Page 2 of 2
other party hereto of this.action as soon as is practical.
Participation in actual costs incurred by the Owner for any future adjustment,removal or
relocation of utility facilities required by street construction shall be in accordance with and to
the extent possible under applicable laws of the State of Texas. Except as expressly provided
herein, (1)the Owner's rights of access to the through-traffic roadways and/or ramps shall be
subject to the same rules and regulations as apply to the general public, and (2) the Owner-and--=
tie-City,by execution of this agreement, do-not waive or relinquish any right which-they may
have under the law or Constitution, State or Federal.
In the event the Owner fails to comply with the requirements as set out herein, the City may take
such action as it deems appropriate to compel compliance.
IN WITNESS WHEREOF the parties hereto have affixed their signatures.
Owner: 'e 1' P- �iP�L-1 N ►�'`��!r..r '`
By:
E_ , g9
Title: V1! a- P��Sl �.�--�--
Date: / Q `7
The City of Beaumont
By:
lV
Kyle Hayes
City Manager
Date: Z z.1 - 0-7
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City of Beaumont/Standard Utility Agreement
Page 1 of.2 standard utility.wpd
STANDARD UTILITY AGREEMENT
County ,Lc'Fr-E�R<-00 Street Name _PRE(-AQ t_L yA RD
From _e_ rn4- I Z.vA b To _ 1 , 32 M I L�S
This Agreement by and between the City of Beaumont, a municipal corporation, domiciled in Jefferson
County, Texas, hereinafter called the-City, and
hereinafter called the Owner, acting by and through.
its duly authorised representative,shad be effective on the date of approval_and execution by and on behalf
of the City.
WHEREAS, the City has deemed it necessary to make certain street improvements generally described as
follows: County r-F rEpS-&,-J Street f7- I4 C{-,4 N �avL t,A�,p located from
26 aD - 01 ST-
to 3
and
WHEREAS,-this proposed street improvement will necessitate the adjustment, removal or relocation of
certain facilities of Owner as indicated in the following statement of work:
�1 614t-s u l-J r d t.t Nom-
A6,'_'®rA-6 Qom-`vE s Co r.� a P IZ0
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,
WHEREAS,the City desires to implement the adjustment,removal or relocation of Owner's facilities by
entering into an agreement with said Owner as soon as possible;
NOW, THEREFORE BE IT AGREED:
The City, subject to the acquisition of such rights or interests as may be deemed necessary along or across
Owner's interest in land,will pay to Owner the costs incurred in adjusting,removing or relocating Owner's
facilities up to the amount said costs may be eligible.for City participation.
The Owner has determined that the method to be used in developing the adjustment, removal or relocation
costs shall be as specified for the method checked and described hereafter:
0 (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 City.
(3) An agreed lump sum of$ a
estimated cost attached hereto. s supported by the analysis of
EXHIBIT "B"
City of Beaumont/Standard Utility Agreement
Page 2 of 2 standard utility.wN
If costs are developed under procedure(1) or(2) as hereinbefore specified, the City will,upon satisfactory
completion of the adjustment,removal or relocation and upon receipt of a detailed final billing prepared in
acceptable form.and manner, make payment in the amount of ninety (90) percent of the eligible costs as
shown in the final billing prior to the required audit and after such audit shall make final payment in an
amount so that the total payments will equal the amount found eligible for City reimbursement by the final
audit. When requested, the City will make intermediate payments at not less than monthly intervals to
Owner when properly billed and such payments will not exceed eighty(80)percent of the eligible cost as
shown in each such billing. Intermediate payments shall not be construed as final payment for any items .
included in the intermediate payment. If costs are developed under procedure.(3) as hereinbefore specified,
the City will,upon satisfactory completion of the adjustment,removal or relocation and upon receipt.of a
billing prepared in acceptable form and manner,make payment to Owner in the agreed amount.
Upon execution of this agreement by both parties hereto, the City will, by written notice; authorize the
Owner to proceed with the necessary removal,adjustment or relocation, and the Owner agrees to prosecute
such work diligently to completion in such manner as will not result in avoidable interference or delay in
-- either-the-CiWs-street construction or in the said work. The Owner will carry out said removal; adjustineht —
or relocation, accurately record the costs, and retain such records in accordance with applicable rules;
regulations and procedures of the City, and the costs paid by the City pursuant to this agreement shall be
full compensation to Owner for all costs incurred by Owner in making such adjustment, removal or
relocation. Bills for work hereunder should be submitted to City not later than ninety (90) days after
completion of the work.
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 City.
It is expressly understood that this agreement is subject to cancellation by the City 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 City. 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.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
Owner: Tom_--.&U F_Pft L1sJNZ�" C®r4wi CITY OF BEAUMONT
ility
By: By: C
Authorized Signature Kyle Hayes, City Manager
Title: tiXr— Date: 2-Z - o-
Date:
RETURN TO:
City of Beaumont
Ronnie Pullin
P.O.Box 3827
Beaumont,TX 77704