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HomeMy WebLinkAboutC2008-390 - 11/11/2008 - ApprovedORjG~Nq~ November 10, 2008 Via Overnight Delivery City of Corpus Chrisfi -Dept of Engineering 1201 Leopard St Corpus Christi, TX 78401 361-880-3500 Attention: Kevin Stowers RE: Airport Drainage Expansion -Pipeline Relocation Letter Agreement Dear Mr. Stowers: The City of Corpus Christi has requested Crosstex CCNG Transmission Ltd. ("Crosstex") to relocate 260 feet of its 6-inch natural gas pipeline, referred to as 6" Airport Lateral, located in Corpus Christi, Texas, as depicted on the attached map (the "Pipeline"). The Pipeline relocation project is required to allow the City of Corpus Chrisfi to expand the drainage associate with the Corpus Christi Airport expansion. The following are terms and conditions by which the relocation of the Pipeline will take place. 1. Crosstex shall famish, or shall cause to be furnished, all material, labor and inspection to relocate the Pipeline to a depth of at least five (5) ft below the proposed grade of the Airport Drainage Improvements. 2. To the extent permitted by law, the City of Corpus Christi agrees to indemnify and hold harmless Crosstex from any and all claims, including, but not limited to, third party claims, for property damage or bodily injury arising out of performance by Crosstex of its obligations under Section 1 hereof, except for any claims for property damage, bodily injury or death caused by the gross negligence or willful misconduct of Crosstex or any of its employees or contractors. 3. The City of Corpus Christi shall famish all required temporary working easements and ingress and egress to the project location. 4. The City of Corpus Christi shall reimburse Crosstex for the actual costs incurred by Crosstex for the relocation of the Pipeline, inclt~dino but not limited to, costs for material, labor cost, 2008-390 Est, payroll and allocated payroll expense (including 11/11/08 andard construction overhead charges associated with M2008-286 Crosstex CCNG Transmission OIgjG~NA~ installation). Following completion of the Pipeline relocation, Crosstex will provide the City of Corpus Christi an invoice, along with reasonable supporting documentation, of the final costs and expenses for the project, and the City of Corpus Christi shall remit payment in full of all such amounts to Crosstex within thirty (30) days following receipt of such invoice and documentation in an amount not to exceed $108,000 without the approval of the City of Corpus Christi. If you find the terms of the above satisfactory, please so signify by having the appropriate representative sign below and return this letter to our office. Call Steve Lee at (713) 739-3227 or Leonard Stroman at 361-299-4310 if you have any questions or require any additional information. Respectfully Submitted, CROSSTEX CCNG TRANSMISSION LTD. ACCEPTED AND AGREED TO THIS I~DAY OF November, 2008 BY: ~ A T ORIZED REPRESENTATIVE OF THE CITY OF CORPUS CHRISTI ATTEST: O ARMANDp CHAFA CITY SECFi[TAR" I(~z~p~ Approved as to Legal form: ~ IZ ~ Veronica Ocanas Assistant City Attorney For City Attorney .Q~.~@1Z - ~• ~ur~ndo~nz~