HomeMy WebLinkAbout19445 ORD - 08/19/1986TEXAS:
AN ORDINANCE
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH VALERO
TRANSMISSION COMPANY FOR PIPELINE ADJUSTMENTS IN CONNECTION
WITH THE McNORTON DRAINAGE OUTFALL PROJECT; APPROPRIATING
$95,000; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager is hereby authorized to execute an
agreement with Valero Transmission Company for pipeline adjustments in
connection with the McNorton Drainage Outfall Project all as more fully set
forth in the agreement, a substantial copy of which is attached hereto and made
a part hereof, marked Exhibit "A".
SECTION 2. That there is hereby appropriated $95,000 from the
No. 162-152-807.07 9th Year Community Development Block Grant applicable to
Project No. 162-152-807.07, McNorton Drainage Outfall.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
executing the abovementioned agreement at the earliest practicable date, such
finding of an emergency is made and declared requiring suspension of the Charter
rule as to consideration and voting upon ordinances or resolutions at three
regular meetings so that this ordinance is passed and shall take effect upon
first reading as an emergency measure this the 19th day of August, 1986.
ATTEST:
City Secretary
APPROVED: DAY OF AUGUST, 1986
08P.078.01
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MAYOR
THE C TY OF CORPUS CHRISTI, TEXAS
19445 MICROFILMED
AGREEMENT
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 Valero Transmission Company,
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 two 16 -inch and one 6 -inch pipelines 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
Valero Transmission Company
Page 1 of 3
•
staking. The City shall set control points and elevation stakes along the
drainage right-of-way line. The Owner shall protect all stakes and control
points set by the City. Any stakes and/or control points outside the work
area that are destroyed by Owner shall be reset by. the City at the Owner's
expense.
6. All adjustment work shall be in compliance with applicable U.S.
Department of Transportation and Texas Railroad Commission rules and
regulations.
7. The Owner shall perform all excavation around pipelines necessary to
expose, support, and adjust the pipelines below the flowline of the proposed
channel. The Owner shall prepare foundation, backfill, and place protective
concrete slab over pipelines.
8. The City agrees to reimburse Owner 100% of actual cost to accomplish
the work, less salvage cost. Actual cost consists of (1) direct cost,
(2) administrative overhead, and (3) payroll burden. The established
percentage and method of application for administrative overhead and payroll
burden are detailed on the estimate attached. Said reimbursement to Owner
shall be paid within thirty (30) days after receipt of a final billing
properly itemized and certified and accompanied by certification from the City
Engineer to the effect that said adjustments have been fully accomplished and
completed. In accordance with City standard practice, the City shall have a
Construction Engineer on site to verify materials and labor and inspect
construction procedures.
9. The Owner agrees that any excavated material remaining from the
adjustments after the areas have been restored as previously described shall
be windrowed and remain on site.
10. The Owner agrees that all debris, cable, machine parts, skids and
timbers will be removed and disposed of by the Owner and will not be left
embedded or buried in the proposed channel right-of-way or adjacent lands.
11. In making the adjustments to its pipelines under this Agreement by
its employees and/or contractors, Owner agrees that it shall indemnify City
against any and all lawsuits, demands, liabilities, losses or claims for
damages or personal injuries by third parties which may arise from any
negligence or other actionable act or omission as a result of its operation
conducted under this Agreement. City agrees that it shall, upon excavation of
the drainage channel contemplated under this Agreement, indemnify Owner
against any and all damages to its pipeline and appurtenances thereto, which
may arise from any negligent act or omission of the City, its agents,
employees or contractors in the excavation of such drainage channel.
12. Owner agrees that any future pipeline construction or repairs,
adjustments or relocations of existing pipelines crossing the channel
right-of-way shall be so located as not to interfere with the drainage
channel. Owner will provide City with seven (7) calendar days advance notice
of any work within the channel right-of-way and notice as soon as possible of
any emergency work within the channel right-of-way.
AGREEMENT - Pipeline Adjustment
Valero Transmission Company
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 Secretary
APPROVED: /2 iay of�yrlsrr, 19o4
APPROVED:
City Attorn
James K. Lontos, P.E.
Assistant City Manager Titl
CITY OF CORPUS CHRISTI
By:
, 1986.
Craig McDowell, City Manager
VALERO TRANSMISSION COMPANY
By:
THE STATE OF TEXAS §
COUNTY OF NUECES S
ca„a„
ku,Q t 6Lour
This instrument was acknowledged before me on , 1986, by
Craig McDowell as City Manager for the City of Corpus Christi, Texas.
THE STATE OF TEXAS §
COUNTY OF NUECES S
a
Notary Public in and for the State of Texas
Thip instrument was acknowledged before melon
t Ja/&tics as C'C
ro Txxx``'aaannnsmission Company.
AGREEMENT -"Pipeline Adjustment
Valero Transmission Company
Page 3 of 3
by
of
•
Notary .Public in and for the State of Texas \!
DEBI DANIS
Notary Public In & for the Statgj of Texas
.4yCommisston •kr 81/OR
•
J�s WLERO
-^e TRANSMISSION COMPANY
Post Office Box 500 • San Antonio, Texas 78292 • Telephone (512) 246-2000
August 1, 1986
Ms. Barbara Urban
Department of Engineering
City of Corpus Christi
P. 0. Box 9277
Corpus Christi, TX 78469-9277
RE: Clarkwood Lateral A & B Adjustment for the McMorton Drainage Channel
ES # 1879
Prospect #95426
Nueces County
Dear Ms. Urban:
Please find attached the executed, revised pipeline agreement and a copy of
our preliminary alignment sheets.
A summary of the cost estimates for the respective pipelines is as follows:
Installation
16" Ln. "A"
(Natural Gas)
16" Ln. "8"
(Natural Gas)
6" Ln.
(N.G. Products)
Material $ 4,900 $ 4,900 $ 3,700
Outside Cont. Labor 12,700 12,500 20,300
Valero Dir. Co. Labor 2,000 2,000 2,500
R.O.W. 500 500 500
Gas Loss 11,900 7,100 -0-
Valero Indirect Labor 3,000 3,000 3,000
Total $35,000 $30,000
$30,000
Valero will need a minimum time of 6 -weeks to complete the adjustment from
the time the City provides notice to proceed. This is due to the bidding
process to select a contractor and the availability of the high yield pipe-
line material.
Clarkwood Lateral
August 1, 1986
Page 2
Also, in your letter you ask about the designated work area. The work area
should be 100 feet wide by 350 feet long. The centerline of the width will
be the centerline between the 2-16" pipelines and the length will be bisected
by the centerline of the channel.
If you have any questions or if I can assist you further, please advise.
Very truly yours,
Johnny Harris
Senior Engineer
JH:sr
Attachments
xc: S. Mitchell
R. Albrecht
JH/073186/5136.1
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
August 5, 1986
I certify to the City Council that $95,000.00 , the amount required for
the contract, agreement, obligation or expenditures contemplated in the above
C7
and foregoing ordinance is in the Treasury of the City of Corpus Christi to the
c
credit of:
G7
Fiini No. and Name No. 162-152-807.07
Project NO. 9th Year Community Development Block Grafi
co
Project Name McNorton Drainage Outfall
-ll
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
Q1ist (� , 19 K;
FIN 2-55
sed 7/31/69
114) 811ZJgco Aft
Corpus Christi, Texas
%0 day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
, 1984
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,
MAYO
L'
THE CIT OF CORPUS CHRISTI, TEXAS
Council Members
The above ordinance was passed,py the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19445