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HomeMy WebLinkAboutRES 16-039RESOLUTION NO. 16-039 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 Standard Utility Agreement between the City of Beaumont and Texas Department of Transportation (TxDOT), substantially in the form attached hereto as Exhibit 1," for the relocation of approximately four hundred thirty (430) linear feet of twenty inch (20") inch potable waterline including connections to the existing line, valves, fire hydrant, and abandonment of the existing line for Major Drive north of the IH -10 highway improvements project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of March, 2016. yor Becky Ames - a Form ROW -U-35 (Rev. 06115) Page 1 STANDARD UTILITY AGREEMENT U -Number: 14644 District: Beaumont County: Jefferson Federal Project No.: Highway: IH 10 ROW CSJ: 0739-02-159 From: at Highway Project Letting Date: July 2015 To: FM 364 This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission, ("State"), and City of Beaumont, ("Utility"), acting by and through its duly authorized representative, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State has deemed it necessary to make certain highway improvements as designated by the State and approved by the Federal Highway Administration within the limits of the highway as indicated above; WHEREAS, the proposed highway improvements will necessitate the adjustment, removal, and/or relocation of certain facilities of Utility as indicated in the following statement of work: Relocation of approximately 430 linear feet of 20" potable water line including connections to existing line, valves, fire hydrant, and abandonment of existing line ; and more specifically shown in Utility's plans, specifications and estimated costs, which are attached hereto as Attachment "A". WHEREAS, the State will participate in the costs of the adjustment, removal, and/or relocation of certain facilities to the extent as may be eligible for State and/or Federal participation. WHEREAS, the State, upon receipt of evidence it deems sufficient, acknowledges Utility's interest in certain lands and/or facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its facilities located upon the lands as indicated in the statement of work above. NOW, THEREFORE, BE IT AGREED: The State will pay to Utility the costs incurred in adjustment, removal, and/or relocation of Utility's facilities up to the amount said costs may be eligible for State participation. All conduct under this agreement, including but not limited to the adjustment, removal and relocation of the facility, the development and reimbursement of costs, any environmental requirements, and retention of records will be in accordance with all applicable federal and state laws, rules and regulations, including, without limitation, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. §§ 4601, et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4231, et seq., the Buy America provisions of 23 U.S.C. § 313 and 23 CFR 635.410, the Utility Relocations, Adjustments, and Reimbursements provisions of 23 CFR 645, Subpart A, and with the Utility Accommodation provisions of 23 CFR 645, Subpart B. Utility shall supply, upon request by the State, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect costs in accordance with a work order accounting procedure prescribed by State, or may, with the State's approval, accumulate actual direct and related indirect costs in accordance with an established accounting procedure developed by Utility. Bills for work hereunder will be submitted to State not later than 90 days after completion of the work. When requested, the State will make intermediate payments at not less than monthly intervals to Utility when properly billed and such payments will not exceed 90 percent (90%) 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. Initial Date TxDOT Initial Date Utility EXHIBIT "V' Form ROW -U-35 (Rev. 06/15) Page 2 Alternatively, State agrees to pay Utility an agreed lump sum of $N/A as supported by the attached estimated costs. The State will, upon satisfactory completion of the adjustments, removals, and/or relocations and upon receipt of a final billing, make payment to Utility in the agreed amount. Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to perform such work diligently, and to conclude said adjustment, removal, or relocation by the stated completion date. The completion date shall be extended for delays caused by events outside Utility's control, including an event of Force Majeure, which shall include a strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage, or other events, interference by the State or any other party with Utility's ability to proceed with the relocation, or any other event in which Utility has exercised all due care in the prevention thereof so that the causes or other events are beyond the control and without the fault or negligence of Utility. The State will, upon satisfactory completion of the relocation or adjustment and upon receipt of final billing prepared in an approved form and manner, make payment in the amount of 90 percent (90%) of the eligible costs as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the reimbursement amount found eligible for State reimbursement. This agreement in its entirety consists of the following elements: 1. Standard Utility Agreement; 2. Plans, Specifications, and Estimated Costs (Attachment "A"); 3. Utility's Accounting Method (Attachment "B"); 4. Utility's Schedule of Work and Estimated Date of Completion (Attachment "C"); 5. Statement Covering Contract Work — ROW -U-48 (Attachment "D"); 6. Eligibility Ratio (Attachment "F"); 7. Betterment Calculation and Estimates (Attachment "G"); 8. Proof of Property Interest — ROW -U -1A, ROW -U-1 B, or ROW -U -1C (Attachment "H"); 9. Inclusion in Highway Construction Contract (if applicable) (Attachment `I"); and 10. Utility Joint Use Acknowledgment - ROW-U-JUA and/or Utility Installation Request - Form 1082 (Attachment "E"). All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefore shall be limited to costs covered by a modification or amendment of this agreement or a written change or extra work order approved by the State and Utility. 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. However, the State will review and reimburse the Utility for eligible costs incurred by the Utility in preparation of this Agreement. The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Utility by execution of this agreement does not waive any of the rights which Utility may have within the' limits of the law. It is expressly understood that the Utility conducts the adjustment, removal, or relocation at its own risk, and that TOOT makes no warranties or representations regarding the existence or location of utilities currently within its right of way. Initial Date Initial Date TxDOT l ltility Form ROW -U-35 (Rev. 06/15) Page 3 The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. UTILITY Utility: City of Beaumont Name of Utility By: Authorized Signature Kyle Hayes Print or Type Name Title: City Manger Date: EXECUTION RECOMMENDED: Tucker Ferguson, P. E., Beaumont District* THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Date: ` For locally -executed agreements, ROW Administrator recommends execution; otherwise District Engineer (or designee) . For locally -executed agreements, District Engineer (or designee) approves and executes; otherwise ROW Division Director. Initial Date TxDOT Initial Date Utility U- 14558 ATTACHMENT "A" ESTIMATED COSTS Relocate existing 20" waterline along the eastern right of way of FM 364 (Major Drive) north of 11-110. Waterline relocation will occur from the WB Frontage Road transition approximately 430 ft north along FM 364 (Major Drive) Existing Waterline will be abandoned in place. City of Beaumont South Major Drive Utility Relocation Preliminary Opinion of Probable Construction Costs Item Description Quantity Unit Cost/Unit Total 1. lReplace Ex. 20" Waterlines 430 LF $ 70.00 $ 30,100.00 2. 1 Connect to Existing Waterlines 20" 2 EA $ 13,800.00 $ 27,600.00 3. JAbandon Existing Waterline Fill with Grout (400ft) 33 CY $ 190.00 $ 6,270.00 4. lRemove Ex Fire Hydrant Assemblies 1 EA $ 1,130.00 $ 1,130.00 5. JFurnsh & Install Fire Hydrant Assemblies 1 EA $ 4,580.00 $ 4,580.00 6. Future 8" Tap 1 EA $ 5,000.00 $ 5,000.00 6. 20" Waterline Valves 2 EA $ 11,750.00 $ 23,500.00 7. Traffic Control Plan 1 LS $ 5,750.00 $ 5,750.00 8. Provide Traffic Control Measures 90 D $ 560.00 $ 50,400.00 9. Trench Safety Systems 800 LF I $ 5.00 $ 4,000.00 Subtotal $ 158,330.00 Mobilization (4%) 6,400.00 TOTAL CONSTRUCTION $ 164,730.00 F:OMT11154.0 - Maim D W IH 10 20hwh WL%C Obwcn d Cost 2/9=16 Schaumburg & Polk, Inc. U- 1,4558 ATTACHMENT" B 33 UTILITY ACCOUNTING METHOD X ACTUAL COST METHOD OF ACCOUNTING The Utility agrees to develop relocation or adjustment costs by accumulating actual direct or related indirect costs in accordance with a work order accounting procedure prescribed by the Federal or State regulatory body. •M LUMP SUM METHOD OF ACCOUNTING The Utility proposes to request reimbursement based on an agreed Lump Sum amount supported by a detailed cost analysis. AN ❑ ALTERNATIVE METHOD OF ACCOUNTING With the State's approval, the Utility accumulates costs under an accounting procedure developed by the Utility. U- 14558 ATTACHMENT "C" UTILITY'S SCHEDULE OF WORK AND ESTIMATED DATE OF COMPLETION 1. ESTIMATED DATE TO BEGIN 3/15/16 2. ESTIMATED COMPLETION DATE 6/15/16 3. ESTIMATED NUMBER OF DAYS 90 U- 14558 ATTACHMENT "D" STATEMENT COVERING CONTRACT WORK 0 FORM ROW -U-48 IS ATTACHED HERETO mm ❑ WORK TO BE DONE BY UTILITY FORCES, FORM ROW -U-48 IS NOT APPLICABLE STATEMENT COVERING UTILITY CONSTRUCTION CONTRACT WORK (AS APPEARING IN ESTIMATE) Zh.»w.Ltlm Form ROW -U-48 (Rev. 06/12) Page 1 of 1 U -Number: 14644 ROW CSJ Number. 0739-02-159 District: Beaumont County: Jefferson Federal Project No.: Highway No.: IH 10 I, Kyle Hayes, City Manager a duly authorized and qualified representative of City of Beaumont , hereinafter referred to as Owner, am fully cognizant of the facts and make the following statements in respect to work which will or may be done on a contract basis as appears in the estimate to which this statement is attached. It is more economical and/or expedient for Owner to contract this adjustment, or Owner is not adequately staffed or equipped to perform the necessary work on this project with its own forces to the extent as indicate on the estimate. Procedure to be Used in Contracting Work ❑ A. Solicitation for bids is to be accomplished through open advertising and contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. n B. Solicitation for bids is to be accomplished by circulating to a list of pre -qualified contractors or known qualified contractors and such contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. Such presently known contractors are listed below: 1. 2. 3. 4. S. ❑ G The work is to be performed under an existing continuing contract under which certain work is regularly performed for owner and under which the lowest available costs are developed. (If only part of the contract work is to be done under an existing contract, give detailed information by attachment hereto.) E] D. The utility proposes to contract outside the foregoing requirements and therefore evidence in support of its proposal is attached to the estimate in order to obtain the concurrence of the State, and the Federal Highway Administration Division Engineer where applicable, prior to taking action thereon (approval of the agreement shall be considered as approval of such proposal). ® E. The utility plans and specifications, with the consent of the State, will be included in the construction contract awarded by the State. Signature Manager Date *U48* U- 14558 ATTACHMENT" E yl UTILITY INSTALLATION REQUEST TxDOT UIR APPROVAL FORM TO BE INSERTED AFTER EXECUTION BY TxDOT Attachment `F' Eligibility Ratio The entirety of the facility is located within existing ROW. Reimbursement is established at 100% in accordance with Texas Transportation Code, Title 6, Chapter 203, Sub -chapter E, Rule 203.092(a)(1). U- 14558 ATTACHMENT "G" BETTERMENT RATIO Fx� 1 - NO BETTERMENT ASSOCIATED WITH THIS ADJUSTMENT AN ❑ 2 - PROVIDE BETTERMENT AS A PERCENTAGE Attachment "H" Proof of Property Interest In accordance with TTC 203.092(a)(1) Sec. 203.092. REIMBURSEMENT FOR RELOCATION OF UTILITY FACILITIES. (a) A utility shall make a relocation of a utility facility at the expense of this state if relocation of the utility facility is required by improvement of: (i) a highway in this state established by appropriate authority as part of the National System of Interstate and Defense Highways and the relocation is eligible for federal participation; Attachment I (inclusion in Highway Construction Contract) In the best interest of both the State and City of Beaumont Water Department the plans and specifications for relocating the 20" water line will be included in the general contract for work on this project located within the ROW of IH 10. The work and payment for the work will be in accordance with negotiated Change Order between the State and Williams Brothers, Inc. The work will be done by the contractor and or his approved subs.