HomeMy WebLinkAboutC2012-034 - 1/31/2012 - ApprovedREEVMURSEMENT AGREEMENT
State of Texas §
County of Nueces §
This agreement is entered into thi S day of 2012, by and between the
City of Corpus Christi, Texas, a municipal corpWion, called CITY and Enerfin
Field Service LLC, a Texas Limited Liability Company, hereinafter called Enerfin; both acting
through their duly authorized representatives.
WHEREAS, CITY desires to dedicate the McKinzie Road right -of -way to the Texas Department
of Transportation (TxDOT) as shown on Exhibit A; and
WHEREAS, Enerfin is the owner of a natural gas pipeline that is in conflict with the Texas
Administrative Code requirements for utilities instate right -of -way; and
WHEREAS, the easement encompassing Enerfm's pipeline predates the dedication of the City of
Corpus Christi McKinzie Road Right of Way; the City will pay an amount, currently estimated to
be $126,655.38, for Enerfin to modify or relocate the required (as per TxDOT) pipeline
amenities.
NOW THEREFORE; CITY and Enerfm agree as follows:
1. Enerfin shall, at its own cost, adjust or relocate its pipeline amenities to clear CITY's
right -of -way. The modified or relocated pipeline amenities shall be near or outside the
right-of-way line as shown in Exhibit A. Enerfin will:
a. Extend the pipeline casing to the right -of -way line;
b. Relocate pipe vent, test lead, pipeline marker and cathodic ground bed and
rectifier to the right -of -way line; and
C. Install a concrete cap over pipeline.
2. Enerfin shall be responsible for surface restoration to its original condition all areas
disturbed by its operations (i.e, lawns, trees, driveways, tree removal and replacement,
other utility relocations and adjustment etc.).
3. Enerfin shall submit to the CITY, for review, plans for the pipeline modification or
relocation and a schedule for completion.
4. CITY shall reimburse Enerfin for the total eligible (as per TxDOT standards) costs of
modifying or relocating the pipeline currently estimated to be $126,655.38
Reimbursement shall be made within 30 days upon submission of invoices detailing the
eligible (as per TxDOT standards) costs incurred in the modification or relocation.
5. Enerfin shall obtain the insurance requirements as described in Exhibit B, which is
attached hereto and made a part of this Agreement.
2012 -034
M2012 -023 Page 1 of 7
Enerfin Field Service LLC 01/31/12
INDEXED
6. Enerfn shall relocate its pipeline within 60 days of approval of this agreement by CITY
Council.
7. CITY shall have no liability for any damages incurred due to Enerf_m's operation.
8. Enerfin agrees to indemnify, save harmless and defend the City, its agents,
servants, and employees, and each of them against and hold it and them
harmless from any and all lawsuits, claims, demands, liabilities, losses and
expenses, including court costs and attorneys' fees, for or on account of any
injury to any person, or any death at any time resulting from such injury, or
any damage to any property, which may arise or which may be alleged to have
arisen out of or in connection with the work covered by this Contract. The
foregoing indemnity shall apply except if such injury, death or damage is
caused directly by the negligence or other fault of the City, its agents, servants,
or employees or any person indemnified hereunder.
Executed in duplicate this day of N K*V I VI . , 2012.
CITY OF CORPUS CHRISTI, TX ENERFIN FIELD SERVICES LLC
By C� f �.� r `L= / t By
Ron Olson Date Davi . Cremer, anager Date
City Manager
RECOMMENDED
B 1 111 1 L-
Pete Anaya, P.E. Date
Director, Engineering Services
Contract Management & Administration
2500 City West Blvd., Suite 400
Houston, TX 77042
ATTEST
By '
Armando Chapa, IJ Date
City Secretary
APPROVED AS TO FORM
2 a) Z` 023 AUTHOR11W
131
qY C KCf l...._.,._
P &
......... ...,........,............ a....
iimR 5
Pipeline Adjustments Page 2 of 7
Eneffin Field Service
�. P
By � - 12- 4
' City Attorney ate
Pipeline Adjustments Page 3 of 7
Enerfin Fietd Service
Exhibit A
to
REIMBURSEMENT AGREEMENT
P f7. *fi { r1 t
r8011i" MGM w A•
LOCAT N JVP O o�
FOR
atrar SI�
Pipeline Adjustments Page 4 of 1
Enerfin Field Service
Exhibit B
to
REIMBURSEMENT AGREEMENT
INSURANCE REQUIREMENTS
1. CONTRACTOR'S LIABILITY INSURANCE
A_ Contractor must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. The Contractor must
not allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been so obtained.
B. Contractor must famish to the City's Risk Manager, copies of Certificates of Insurance,
with applicable policy endorsements showing the following minimum coverage by insurance
company(s) acceptable to the City's Risk Manager. The City must be named as an additional
insured for the General liability policy. A blanket waiver of subrogation is required on all
applicable policies.
TYPE OF INSURANCE
NVI NEVIUM INSURANCE COVERAGE
30 -Day Notice of Cancellation required on
Bodily Injury and Property Damage
all certificates or by applicable policy
Per occurrence - aggregate
endorsements
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
1. Commercial Broad Form
2. Premises – Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations Hazard
6. Contractual Liability
7. Independent Contractors
AUTOMOBILE LIABILITY—
$1,000,000 COMBINED SINGLE LINUT
1. Owned
2. Hired & Non -owned
WORKERS' COMPENSATION
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH H OF THIS EXHIBIT
EMPLOYERS' LIABILITY
$500,0001$500,0001$500,000
C. In the event of accidents of any kind, the Contractor must furnish the Risk Manager with
copies of all reports of any accidents related to this agreement within ten (10) days of any
accident.
Pipeline Adjustments Page 5 of 7
Enerfin Field Service
II. ADDITIONAL REQUIREMENTS
A. Contractor must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a policy
with endorsements approved by the Texas Department of Insurance. The coverage provided must
be in amounts sufficient to assure that all workers' compensation obligations incurred will be
promptly met.
B. Contractor's financial integrity is of interest to the City; therefore, subject to Contractor's
right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor
shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis,
by companies authorized and admitted to do business in the State of Texas and with an A.M.
Best's rating of no less than A- VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required by the
City, and may require the deletion, revision, or modification of particular policy terms,
conditions, limitations or exclusions (except where policy provisions are established by law or
regulation binding upon either of the parties hereto or the underwriter of any such policies).
Contractor shall be required to comply with any such requests and shall submit a copy of the
replacement certificate of insurance to City at the address provided below within 10 days of the
requested change_ Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 8264555- Fax 4
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
1. Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations and activities
of, or on behalf of, the named insured performed under contract with the City, with the
exception of the workers' compensation policy;
2. Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the policy;
3. Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
4. Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non - renewal or material change in coverage, and not less than
ten (10) calendar days advance written notice for nonpayment of premium.
Pipeline Adjustments Page 6 of 7
Enenln Field Service
E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage,
Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to
City. City shall have the option to suspend Contractor's performance should there be a lapse in
coverage at any time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this agreement.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold
any payment(s) which become due to Contractor hereunder until Contractor demonstrates
compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property resulting
from Contractor's or its subcontractor's performance of the work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non - contributory
with respect to any insurance or self- insurance carried by the City of Corpus Christi for liability
arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
Pipeline Adjustments Page 7 of 7
Enerfin Field Service