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HomeMy WebLinkAbout20111 RES - 12/17/1987TEXAS: A RESOLUTION APPROPRIATING $20,935.11 FROM THE WATER BOND FUND PROJECT NO. 205-87-44-003-03 AND AUTHORIZING PAYMENT TO COASTAL STATES CRUDE GATHERING COMPANY FOR THE CITY'S SHARE OF DESIGN SERVICES RELATED TO THE AVERY POINT UTILITY RELOCATION PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. There is hereby appropriated $20,935.11 from the Water Bond Fund Project No. 205-87-44-003-03 and authorizing payment to Coastal States Crude Gathering Company for the City's share of design services related to the Avery Point Utility Relocation Project. ATTEST: y Secretary APPROVED: 15'' DAY OF g , 193-) HAL GEORGE, CITY ATTORNEY Assistant City Attorney 204RP058.res THE CITY OF CORPUS CHRISTI, TEXAS 20111 SERVICE CONTRACT This Contract made this 1St day of March 1987 betweenCoastal States Crude Gathering Companv a Texas corporation, with offices at Nine Greenway Plaza, Houston, Texas hereinafter called"Company," and Shiner, Moseley & Associates a Texas Corporation with offices at 2820 S . P , T . D. ,Suite 210 hereinafter called "Contractor." Corpus Christi, Texas WITNESSETH: WHEREAS, Company desires to secure the services described below, herein collectively called the "Services"; and WHEREAS, Contractor is in the business of providing such Services: NOW, THEREFORE, in consideration of the premises and the mutual promises herein contained, the parties hereby agree as follows: 1. TERM. The term of this Contract shall be in effect from March 1, 1987 until ter- minated by the occurrence of any one of more of the following: a. Upon completion of the performance of the Services; or b. Upon five (5) days written notice by Company of its intention to terminate this Contract, mailed or otherwise delivered to Contractor; or c. Upon Company's written notice to Contractor at any time in the event that, in Company's sole discretion, the Services are not being per- formed in a manner deemed reasonable by Company. In the event of termination prior to completion of the Services as provided herein, Company shall pay Contractor an amount proportionately based on the Contract Price for Services satisfactorily performed up to the effective date of termination, and Company shall be relieved of any liability to Contractor for any Services performed after the effective date of termination. 2. CONTRACTOR'S AND COMPANY'S SERVICES. At times and locations designated by Company's representative, Contractor shall perform the Services more particularly described in the Exhibit "A" attached hereto and herein incorporated by this reference. Contractor agrees that the Services shall be performed in a workmanlike manner with due diligence and without undue delays or interruptions. Contractor further agrees that the Services shall be performed as economically as possible with the minimum number of employees, materials, and equipment necessary to perform such Services. In Company's sole discretion, any of the Services may, from time to time, be performed by Company or others, and such work shall not be considered to be Services performed pursuant to this Contract. Company shall perform the work, if any, more particularly described in Exhibit "A". 3. CONTRACF PRICE AND TERMS OF PAYMENT. In consideration of Contractor's satisfactory performance of the Services, Company agrees to pay Contractor as full and complete compensation for such Services the amount, herein called the "Contract Price," set forth in Exhibit "A". The terms of Company's payment of the Contract Price are also set forth in Exhibit "A". 4. COMPANY'S REPRESENTATIVES. Company's representatives who may authorize Services to be performed hereunder or who may ter- minate this Contract are any Company officer or any other Company employee who may be designated in writing by an officer of Company. 5. INDEPENDENT CONTRACTOR. Itis understood and agreed that Contractor is an Independent Contractor in the performance of each and every part of this Contract and that Contractor's employees shall be subject to Contractor's sole and exclusive supervision, direction and control and shall not be deemed, in fact or in law, to be employees of Company. Company shall have the right generally to oversee and inspect the perfor- mance of the Services of Contractor to insure the satisfactory completion thereof, it being understood and agreed that Company is not associated or connected with the actual performance or details of the Services to be performed pursuant to this Contract, as Company is interested in and looking only to the end result to be accomplished. Contractor shall be solely liable for all labor, material and other expenses in connection with Services per- formed by Contractor pursuant to this Contract. 6. LIABILITY AND INDEMNITY. Contractor shall indemnify and hold Company harmless from and against all damages, losses, claims, demands, causes of action, liens, expenses and other liabilities arising out of or in connection with this Contract, except to the extent that such are caused by Company's negligence. In those matters which Contractor is required to indemnify and hold Company harmless, and to the same extent to which Contractor is required to do so, Contractor shall defend claims asserted against Company and pay costs, expenses and attorney's fees incidental thereto and judgments resulting from such claims. Company shall have the right, at its option, to participate in the defense of each such claim without relieving Contractor of any obligations hereunder. 7. INSURANCE. Contractor shall maintain in force at its sole cost and expense, with insurance companies acceptable to Company, insurance policies of the types and in the minimum amounts and with the terms and conditions set forth in the Exhibit "B" attached hereto and herein incor- porated by reference. 8. SUBCONTRACTORS AND ASSIGNMENT. Contractor shall not assign this Contract or subcontract the whole or any part of the Services to be performed by Contractor hereunder without Company's prior written consent. Company's consent to any such assignment or subcontract shall not relieve Contractor or its surety, if there be a surety, of any liability for the full and faithful performance of this Contract according to its terms and conditions. 9. CONFIDENTIAL INFORMATION. Contractor agrees to keep all information secured in connection with or as a result of peforming the Services in strict confidence; not to divulge or to permit its employees, agents or subcontractors to divulge such information, or any part thereof, to any party other than Company without the prior written consent of Company; and not to allow any person on any job site other than Contractor, Contractor's employees and subcontractors or persons authorized by Company. The obligations contained in this section shall survive the termination of this Contract regardless of the cause or reason for termination. 10. ADDRESSES. All notices and invoices to be given hereunder shall be in writing, except as otherwise agreed by Company and Con- tractor. Such notices and invoices shall be mailed or otherwise delivered to the party to be notified at its address set forth above or such other address as the party to be notified may have designated prior thereto, and shall be deemed given when received by the party to be notified; provided, however, that notice to Contractor of termination of this Contract may be given at the job site. 1I. COMPLIANCE WITH LAWS. In the performance of the Services, Contractor shall comply, and shall require each of its subcontrac- tors to comply with the requirements of any and all applicable laws, regulations, rules and orders of any governmental body having jurisdic- tion over the performance of this Contract. Contractor further agrees to indemnify and hold Company harmless from and against any cost, expense, attorney's fee, citation, fine, penalty and liability of every kind and nature which might to imposed by reason of any asserted or established violation of any such laws, order, rules and/or regulations. To the extent that this Contract covers services and/or supplies sub- ject to the provisions of Executive Order No. 11246 dated September 24, 1965, as amended and supplemented, the provisions of Sec. 202, subparagraphs (1) through (7), of said Order are, with the rules, regulations and orders of the Secretary of Labor thereunder, made a part hereof as fully as if copied herein in full. 12. GOVERNING LAW. This Contract shall be governed by, and construed in accordance with, the internal laws of the State of Texas 13. AMENDMENTS. No amendment or modification of this Contract shall be valid unless evidenced in writing, signed by or on behalf of Contractor and by an officer of Company. 14. CONTRACT IN ENTIRETY. This Contract sets forth the full and complete agreement of the parties hereto. This Contract supersedes any and all proposals, negotiations and representations of the parties made or had prior to the execution hereof relative to the sub- ject matter of this Contract. If any of the Services provided for by this Contract were commenced by Contractor under oral agreement prior to the execution of this Contract, this written Contract shall apply thereto in the same manner as if made before the performance of the Ser- vices was commenced. IN THE EVENT OF ANY CONFLICT BETWEEN (i) THE PROVISIONS OF THE BODY OF THIS CONTRACT, AND (ii) THE PROVISIONS OF ITS ATTACHED EXHIBITS OR THE PROVISIONS OF ANY OTHER ATTACHMENTS HERETO, THE PROVISIONS OF THE BODY OF THIS CONTRACT SHALL PREVAIL AND CONTROL THE OPERATION OF THIS CON- TRACT. 15. SUCCESSORS AND ASSIGNS. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 16. ADDITIONAL PROVISIONS. The following additional companies will benefit from the services to be provided by contractor under this Agreement. These additional companies will be rebilled by Company for those ser- vices based upon the indicated percentage. Arco Pipeline Company -4.83% Champlin Petroleum Corporation -0.00% Corpus Christi Industrial Pipeline Company -7.33% City of Corpus Christi -12.23% Buffalo Pipeline Company -4.23% Central Power & Light Company -9.37% Valero Transmission Company -8.21% Houston Pipe Line Company -6.84% The Permian Corporation -8.53% IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written. ATTEST: Assistant Secretary ATTEST: Assistant Secretary C-2476 (REV. 4/80) Shiner, Moseley and Associates (Contractor) By. James A. Shiner, P.E., Pres. COASTAL STATES CRUDE GATHERING COMPA (Company) Dan J. Hill - Senior Vice resident CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) November 23, 1987 I certify to the City Council that $ 20,935.11 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name No.205, Water Construction Bond Fund Project No. 205-87-44-003-0 Project Name Avery Point Water Main Crossing from which it is proposed to be drawn, and such money is not appropriated for any other purpose. (7c2 -ti -i0(2.3 , 19 Y% FIN 2-55 Revised 7/31/69 43`117-0 000.019 Aid /i/a3-7 A4,//3id, Direct° Finance t Corpus Christi, Texas /7 day of 0.e.C./A4,Q01J , 1981 The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mcndcz 'Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.066.01 20111