HomeMy WebLinkAbout19435 ORD - 08/12/1986AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS AGREEMENT is entered into between the City of Corpus Christi, Texas,
hereinafter referred to as "City", and Koch Gathering Systems, Inc.,
hereinafter referred to as "Owner".
WHEREAS, the City desires to construct a drainage channel across the west
part of the west 3/4 of Survey No. 406 of 480 acres patented by the State of
Texas to J. W. Stevens by Patent 101, Volume 35, dated October 4, 1907, and a
portion of Survey 404 patented to Charles Land, Abstract 975 for Nueces County
and being a part of Share No. 3 and Share No. 4; and
WHEREAS, the Owner has one 8 -inch and one 6 -inch pipeline intersecting
the drainage channel route requiring adjustment for construction of the
drainage channel;
NOW, THEREFORE, the City and the Owner agree as follows:
1. The Owner will stake the location of its pipeline(s) where they
intersect the channel route. The City will provide survey staking of the
channel right-of-way. The City will also provide on-site elevations of
channel flowline at each pipeline crossing location.
2. The City will provide Owner thirty (30) calendar days advance notice
to proceed with the necessary adjustments. Owner may commence adjustments any
time within the 30 day notification period. Owner shall notify City a minimum
of seventy-two (72) hours in advance of commencing actual adjustment to allow
for survey staking of channel right-of-way and flowline elevations.
3. The Owner shall, within the time period stipulated above, proceed
with the necessary adjustments and prosecute such work diligently to
completion in such a manner as will not result in an avoidable interference or
delay in City's construction of the drainage channel or other pipeline
adjustments.
4. Owner shall prepare and submit to the City a diagram restricting the
area within which all the adjustment construction shall take place. The City
and Owner shall mutually agree to the designated work area, and City shall
provide ingress and egress locations and pay for surface damages within the
designated work area. The Owner agrees, upon completion of adjustments, to
restore as near as practical those areas disturbed during construction and the
surface and contour to as good a condition and contour as existed prior to
construction. The Owner agrees to pay for surface damages outside of the
designated work area.
5. The Owner will perform all work required for the adjustment to the
pipelines with the exception of drainage channel right-of-way and elevation
AGREEMENT - Pipeline Adjustment
Koch Gathering Systems, Inc.
Page 1 of 3
staking, The Cit
drainage City shall set control points
hall and elevation along the
right-of-way line. The
Owner points seta by the City. Any stakes and/or control stakes and
control
area that protect all stakes a
destroyed by Owner shall be Points outside
axpense. reset bythe work
the City at the Owner's
e6. All adjustment work shall be in compliance
Department of Transportation and Texas
regulations. rwith applicable U,g,
Railroad commission rules and
7. The Owner shall perform
expose, support, and adjustall excavation around
expose, the pipelines below pipelines theeroy proposedd
concretehaThe Owner shall prepare foundation, the flowlide of
slab over pipelines. backfill, and place protective
8. The City agrees to reimburse
work, less salvage Owner 100$
the administrative less g cost. Actualof actual cost d accomplish
cost,
overhead cost consists of (1) direct
Percentage and method of application ' and (3) payroll burden.e cost,
are detailed for administrative overhead and payroll
burdensue be on the estimate attached. Said reimbursement
paid within thirty (30) days Payroll
properly itemized and certified Y after receiptto Owner
properly
to the effectndthat and accompanied byP of ao final billingC
Engineer
said adjustments certification from the City
In accordance with]ustments have been fully
Construction En City standard accomplished and
Engineer on site verify practice, the labor
shall have a
construction procedures. to materials and
labor and inspect
9. The owner agrees that any excavated
adjustments after the areas have been
bed windrowed material remaining from thel
and remain on site. restored as previously described shall
10. The Owner agrees that all debris, cable, machine
timbers will be removed and disposed of by the
embedded or buried parts, skids and
in the proposed channel right-of-wayOwner and face not d left
11. or adjacent lands.
In making the adjustments
its employees and/or contractors, to its pipelines under
its em any and all Owner agrees that this Agreement by
damages or lawsuits,. demands, it shall indemnify city
negligence opersona/ injuries byliabilities, losses or claims
other actionable third parties which for
conducted under this A act or omission may fris from anyo
theof
drainage Agreement. City agrees that aitashall result o its operation
of
4 channel contemplated under this Agreement, ' upif excavation er
against any and all damages to its pipeline and appurtenances
may arise fromyindemnify Owner
employees or contractors negligent act PPurtheances thereto,
in the excavation of such of theaCitwhich
such drainage channel its agents,
12. owner agrees that an
adjustments or relocations any future pipeline construction
right-of-way shall of existing pipelinesor repairs,
channel. be so located ascrossing the channel
Owner will provide Citynotseve to interfere with the drainage
of any work within the channel right-of-wayand
(d) calendar days
any emergency work within the Y advance notice
channel right-of-way. notice as soon as possible of
AGREEMENT - Pipeline Adjustment
Koch Gathering Systems, Inc.
Page 2 of 3
13. This Agreement shall be executed in duplicate, each shall be
considered an original, and shall become effective and be binding upon and
inure to the benefit of the parties hereto and their respective heirs,
successors and assigns from and after the date of execution.
EXECUTED IN DUPLICATE, this day of
ATTEST: CITY OF CORPUS CHRISTI
By:
City Secretary Craig McDowell, City Manager
APPROVED: day of , 19
Assistant City Attorney
APPROVED: KOCH GATHERING SYSTEMS, INC.
James K. Lontos, P.E.
Assistant City Manager
THE STATE OF TEXAS 5
COUNTY OF NUECES S
By: /
Title:
hi/
, 1986.
This instrument was acknowledged before me on , 1986, by
Craig McDowell as City Manager for the City of Corpus Christi, Texas.
Notary Public in and for the State of Texas
k
THE STATE OF 'ems 5
COUNTY OF rt� This instrument � wasyacknowledged before me on id , 1986, by
• ra.W4- as /�Le.�.+�...,i' of
Koch Gathering Systems, Inc.
AGREEMENT - Pipeline Adjustment
Koch Gathering Systems, Inc.
Page 3 of 3
Notary Pubic in ah$ for t e State of 4aexas
EDITH J. CHAPMAN
NOTARY POUR
STATE OF KANSAS �,,
Mr Ap,L. Eq.
Barbara Urban
City of Corpus Christi
Dept. of Engineering
P.O. Box 9277
Corpus Christi, Tx. 78469-9277
011
KOC FI
Gathering Systems Inc.
•
Subsidiary of Koch Industries, Inc.
July 1, 1
Subject: McNorton Drainage Channel - Pipeline Adjustments
Attached is the executed pipeline agreement in regard to the above 9 C---- ed
drainage channel. Our construction schedule would allow this project to begin
in mid August, and be completed by the end of August. The designated work area
for the 6" pipeline adjustment will require an area of 465 ft. in length by 70
ft. in width, and for the 8" line also being 70 ft. in width by 530 ft. in length.
The following is a breakdown of the estimated cost for the adjustment:
MATERIALS
Pipe - 165' - 6 5/8" od., 0.280"wt, X-42 @ 6.38/ft. $1,053
Pipe - 230' - 8 5/8" od., 0.322"wt, X-42 @ 9.31/ft. 2,141
Weld Ells (4 - 6",45°,3R & 4 - 8",45°,3R Std. Wt.) 924
Transition Nipples ( 2 - 6" & 2 - 8") 200
Concrete - 20 yds. 30002 @ $45/yd. 900
Misc. Matls. 250
Tax 273
$5,741
CONTRACT LABOR
Trachoe 50 hrs x $65/hr $3,250
Sidebooms (2) @ 50 hrs x $50/hr 5,000
Welders (2) @ 40 hrs x $48/hr 1,840
Vacuum trucks (2) 30 hrs x $40/hr 2,400
Hydrostatic Testing (2) @ $1,050 ea. 2,100
Hauling Trucks 30 hrs x $45/hr 1,350
Radiographic Inspection 600
Foreman 50 hrs x $20/hr 1,000
Laborers (4) @ 50 hrs x $12/hr 2,400
$21,940
COMPANY LABOR & MISC
Inspector 50 hrs x $15/hr $ 750
Engineer Tech 50 hrs x $15/hr 750
Administrative Overhead 4% x $29,181 1,167
Payroll Burden on Company Labor 19% x $1,500 285
$2,952
TOTAL PROJECT COST $.30,633
If I can be of further assistance please contact at 289-1492.
ThankYou
John R. Hutsell
Post Office Box 4825 • Corpus Christi, TX 78409 • Telephone 512/289-1492
Post Office Box 2256 • Wichita, Kansas 67201 • Telephone 316/832-5500
CITY OF CORPUS CHRISTI, TMS
CERTIF(City mer�ION OF FUNDS
ter Article 1V Section 21)
Jul 28, 1986c --
I certify to the City Council il that $ .30,633.00 l"gq
the �ntraCt,
iexpend nt, obligation or the amount regihe a forf
and foregoing oordinanceordinanceis in the Treasury
contemplated in the boveCD z'
credit of: of the City of Corpus Christi o
to the
Thud No. and Name 162 Federal/States
Project No, 162-152-
807.07
Project NameMcNorton Drain a.
e Outf_ i
from which is
ropoSed
it
p to be drawn, and such money is not
appropriated ani'
or purpose.
19 7 �i
Director or F,
4()
i
PIN 2-55
,Revised 7/31/69
4/31,
Corpus Christi, Texas
./R day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
The above ordinance
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
MAYOR
was passed
THE CITY 9f CORPUS CHRISTI, TEXAS
by the
following vote:
19435