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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 / /fir 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