R2002-0096 06-10-02RESOLUTION NO. R2002-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH DUKE ENERGY FIELD SERVICES
FOR THE LOWERING OF A GAS TRANSMISSION LINE ASSOCIATED
WITH THE EXTENSION OF PEARLAND PARKWAY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. That certain Contract by and between the City of Pearland and Duke Energy Field
Services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes,
is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and the
City Secretary to attest the original of the attached Contract for and on behalf of the City of Pearland.
PASSED, APPROVED and ADOPTED this the 10 _ day of_2~~, A.D., 2002.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
_Du..k.e Ener.
Field Serwces
~ Ne;~ ~nd of E~e~ly
Exhibit "A"
R2002-96
~oy 21,2002
City of Pearland
Attention: Al Hague
3519 Liberty
Pearland, Texas 77581
Re:
Letter Agreement concerning lowering of the existing San
Jacinto Gas Transmission 16-inch natural gas pipeline as a
result of a City of Pearland project called the Pearland
Parl<way Extension, from 2700 feet north of Broadway (FM 518)
to Beltway 8, in Harris County, Texas.
Dear Gentlemen and Ladies:
When executed by an authorized person acting on behalf of San Jacinto
Gas Transmission Company, ("San Jacinto"), whose address is 7431 FM 762,
Richmond, Texas 77469, this letter and the attached exhibits will constitute
the entire agreement between San Jacinto and the City of Pearland,
whose address is 3519 Liberty, Pearland, Texas 77581 ("The City")
concerning their respective rights and obligations regarding the lowering
of the captioned natural gas pipeline. San Jacinto and The City
collectively shall be identified herein as "the Parties."
Whereas, pursuant to the terms of valid and subsisting agreements, San
Jacinto presently operates a natural gas pipeline which traverses real
property owned by the City; and,
Whereas, the City is desirous of maldng certain road improvements on,
over and across the pipeline easement area described on Exhibit "A"
hereto and in connection therewith; and,
Whereas, this proposed road improvement project will necessitate the
adjustment or relocation of certain facilities of San Jacinto as shown on
the plan and profiles prepared by Walsh/Freese and Nichols Engineers,
Project No. 2001-060, City of Pearland, Pearland Pad<way Extension, dated
6/11/01; and,
Whereas, the Parties recognize the valuable interest owned by each of
them and have heretofore individually expressed a desire to
accommodate the interest of the other while pursuing their respective
business objectives; and,
Whereas, San Jacinto is the operator of the aforesaid existing natural gas
pipeline and as the pipeline operator, San Jacinto is solely responsible for
compliance with pipeline safety regulations, including specifications for
construction, materials and procedures associated with the subject
pipeline.
Therefore, in consideration of the mutual benefits and obligations
described herein, the Parties agree that San Jacinto shall lower the
existing natural gas pipeline at the SOLE COST AND EXPENSE OF THE CITY
and further specifically AGREE AS FOLLOWS:
San Jacinto has, or will initiate a competitive bidding process in order to
obtain reasonable bids from qualified contractors for all work and material
necessary to lower the subject pipeline and agree to make best efforts to
have all work completed as soon as practicable. San Jacinto shall have
exclusive authority to select pipeline construction contractors, pipeline
construction materials and shall have exclusive authority to make any
other decisions regarding the lowering of the subject pipeline. It is
specifically understood and agreed that presently, the total cost to The
City for the lowering of the subject pipeline is anticipated to be
approximately $119,240.00 as itemized and set forth on Exhibit "B"
attached hereto and made a part hereof. It is further agreed and
understood by the Parties that if the actual cost to The City is anticipated
to exceed a total of $131,200, all costs in excess of such amount will have
to be expressly agreed upon in writing by the Parties.
Upon a breach of this agreement, the non-defaulting Party, in any court
of competent jurisdiction, by an action or proceeding at law or in equity,
may secure the specific performance of the covenants and agreements
herein contained, may be awarded damages for failure of performance,
or both.
The Parties are aware that the costs identified on Exhibit "B" may not
include all costs incurred by San Jacinto or The City in the lowering of the
subject natural gas pipeline. By entering into this Relocation
Reimbursement Agreement, neither San Jacinto nor The City intend to
indicate that this agreement identifies the sum total of all costs to be
incurred by The City in lowering said pipeline. However in the spirit of
cooperation and good faith, San Jacinto agrees that inasmuch as the
attached project cost estimate may differ from the final amount payable
to San Jacinto for the lowering of the subject pipeline, actual invoices
arising out of the project activities will be determinative of the final
amount to be paid in order to satisfy The City's obligations pursuant to this
agreement, but not to exceed $131,200 except as provided hereinabove.
All amounts payable hereunder to San Jacinto shall be received at the
following address payable to the order of San Jacinto Gas Transmission
Company, not later than thirty (30) calendar days after the invoice date:
Mr. Doug Ross
San Jacinto Gas Transmission Company
5718 Westheimer, Suite 2000
Houston, Texas 77057
Landowners agree, to the extent allowed by law, to fully defend,
indemnify, reimburse and hold harmless San Jacinto, its affiliates and
subsidiaries and their successors and assigns, as well as employees and
contractors thereof, from and against any and all claims, of whatsoever
nature, including, without limitation, claims for injury or death to persons,
damage or destruction of real or personal property or natural resources; or
any other demand, loss or expense incident to, or resulting from the
lowering of the subject natural gas pipeline.
AGREED AND ACCEPTED:
THE CITY OF PEARLAND
By: Bill Eisen
Title: City Manager
Date:
SAN JACINTO GAS TRANSMISSION COMPANY by ~P'
CENTANA INTRASTATE PIPELINE, LLC its
Managing General Partner
By: ,~ o~--.. -~
j,o~Kuchi~i, Vice P'resident
Date:
200 0 100 200 400
SCALE: 1'=200'
B.C.O,R.
B.C.P.R.
FND
H.C.C.R.
H.C.O.P.R.R.P.
H.L.&P.
I.P,
P.O.C.
R.O.W.
SO.FT.
LEGEND
BRAZORIA COUNTY DEED RECORDS
BRAZORIA COUNTY PLAT RECORDS
FOUND
HARRIS COUNTY COURT RECORDS
HARRIS COUNTY OFFICIAL PUBLIC RECORDS OF REAL PROPERLY
HOUSTON LIGHTING AND POWER
IRON PiPE
IRON ROD
POINT OF BEGINNING
POINT OF COMMENCING
RiGHT-OF-WAY
SOU ARE FEET
H.L.&P. TRANSMISSION TOWER
POWER POLE
FOUND PROPERTY CORNER
SET 5/8-INCH IRON ROD WITH CAP STAMPED WALSH SURVEYING
BARBED WIRE FENCE
OVERHEAD ELECTRICAL wIRE
TOP BANK
NOT~:
1, DEED RESEARCH WAS PERFORMED BY BERNETTA COOK,
ANGLETON, TEXAS AND COURTHOUSE SPECIALISTS,
2. THE BEARINGS SHOWN HEREON ARE BASED ON CITY OF
PEARLAND MONUMENTATION, NAD 1983 ADJUSTMENT.
3. ALL SET RODS wERE SET wiTH A CAP STAMPED WALSH
SURVEYING, INC,
4. SEPARATE METES AND BOUNDS DESCRIPTIONS HAVE BEEN
PREPARED IN CONNECTION WITH THIS PLAT.
R INATES SHOWN HEREON ARE BASED ON THE TEXAS STATE
, SURFACE COORDINATES.
xCT 4 THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE
CURRENT TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS STANDARDS AND SPECIFICATIONS FOR
'3'07' ;'"~ SURVEY LIN~
MICHAEL D. WILSON R.P.L.S.
TEXAS REGISTRATION NO. 4821
~/g/001 UPDATED TO SHOW REVISE0 R.O.W. ~
~/4/O0/ UPOATEO TO SHOW TRACTS 7 AND 8
~POAT£O TO REMOVE TRACTS 7 AND 8
WALSH SURVEYING INC.
PROFESSIONAL LAND SURVEYORS
2006 E. BROADWAY pFARLAND, TEXAS
(281) 485-3991 FAX (281) 485-3998
CITY OF PEARLAND
PLAT TO SHOW PROPOSED
RIGHT-OF-WAY FOR
PEARLAND PARKWAY
BRAZORIA COUNTY, TEXAS
Exhibit A
;AD FILE
00-~68B
DW1,I
O,M.W.
M.O.W.
APDDM.D.W.
SCALE
1'= 200'
JOB NO.
00-168
yH~T[O G~S :
VOLU~,~[ ,
,.. ,+ac-,~ 60
· _aTt 0'3')
wiDE p!PELINE EASEMENT
U.',dTEC GAS PIPE LINE COMPANY
~OLUME 7166, PAGE 444
H.C.O.P.R,R.P,
/ FND I" IR.
150' W~OE EASEMENT
HOUSION LIGHTING ANO
PowER COllOP AN Y
vOLUME 2589, PACE .32
H.C.O.P.R,R.P.
BELTWAY
SEE DETAIL
N 02'18'54" W
424.08'
N 87'4.1'06' E
5.00'
SURVEY LINE
TRACT 5
1.985 ACRES
86,463 SQ.FT.
REMAINDER 55.0,5 ACRES
S,DN['~ S McCLENDON, III, TRUSTEE
CLERK'S FILE# H073440
H,C.O.P.R.R.P,
SEE DETAIL 'B"~
N 06'52'47" E
107.57'
P,O.B. TRACTS ,'5 AND 5
P.O.C. TRACT 4
FENCE POST FN0
AT CORNER
~0.5905 ACRES
COUNTY OF HARRIS
CLERK'S FILE# K342424
H.C.O P.R.R.P.
4.9139 ACRES
HARRIS COUNTY FLOOD
CONTROL DISTRICT "~
CLERK'S FILE~ K342426
H.C.O,P.R,R.P.
CLEAR CREEK
8
~ ~ ~ i=~ ~ N %6'5f4Y E
...-.--- '-'--' ~ f 6.428 ACRES /
......... ,.------ / N~ '-'-"
CL 24" PIPELINE EASEMENT J HouSTON LIGHTING A U
UNITED TEXAS POWER COMPANY
P,O,B. TRACT 6 TRANSMISSION COMPANY
FND. 1" I.R. CLERK'S FILE# N071422 VOLUME 2604, PAGE 592
3,1,54,797.75 H,C.O.P.R.R.P. H.C.O.P,R.R.P.
1,3.784,410.41
60'
CITY OF PEARLANO
CLERK'S FILE
B.C.D.R.
60' WIDE R.O.W.
COUNTY OF HARRIS
CLERK'S FILE/~ 0911628
H.C.O.P.R.R.P.
REMAINDER 81.8804 ACRES
F. RUSSELL KENDALL. TRUSTEL
CLERK'S FILE# D911627
H.C.O.R.R.R.P.
02'18'54" W
105.20'
S 12'25'01' E
106,73
TRACT 4
~.023 ACRES
985 SQ.FT.
.O,B, TRACT 4
SET 5/8' t.R.
S 87'18'07" W
150.00'
; SURVEY LINE
291.8760 ACRES ~.,._2,,,..,~<~''''~'
COUNTY OF HARRIS
-- ;URVEY LINE
/X,. ~ 6,0541ACRES AND
~. ~- 8.3177 ACRES
~ACT 3 HARRIS COUNTY FLOOD
928 ACRES ~ CONTROL DiSTRiCT
127,542 SQ,~, / CLERK'S FILE~ R254525/
. _
2so,5~L/ COUNTY
HARRIS
BRAZORIA COUNTY
N 87~
12.~
BELTWAY 8 (300' R.O.W.)
21.09'
TOWER 09109
TOWER
1 o097 --~
-
N 86'59'45' E
80.00'
N 86'59'43' E
S 42'20'25' W
21.34'
TRACT 6
209 ACRES--
86'5g W
60.00'
P.O.B, TRACT 6
FNO. 1' I.R.
X= 3,154,797.75
Y= 13,784,¢10.¢1
DETAIL 'A'
SCALE: 1"=50'
S 8l
F
RELO: Lower approx. 150' of 1 pipe from a
current depth of 3' to a new depth of 17'.
NO
SIZE
2 100x200
0
0
1
1
800 FT
800 FT
0 FT
0
0 FT
OFT
0 FT
600 FT
0 FT
0
0 DAYS
12 DAYS
3 DAYS
0
0
0
0
0
0
0
0 8X12
0
0
0
0
0
0
0
0
4
0
0
0
0
0
0
The new depth will place the line 4' below
planned road and drainage construction.
DESCRIPTION
PIPELINE R O W
ROW ACQUISITION
ENVIRONMENTAL
SURVEY
ENGINEERING
PIPELINE CONSTRUCTION
PIPE ONLY; 16",.344 wall x52 w/pcrete
PIPE SIZE
MAIN LINE VALVE
DRAINAGE DITCH CROSSING
CANAL CROSSING
SLICK BORE
DIRECTIONAL BORE
CASED CROSSINGS
PIPE HAULING
COMPANY LABOR ( Const. Inspection)
INSPECTION ( Third Party )
X-RAY
SITE PURCHASE
METER STATION CONSTRUCTION
COMPANY LABOR ( Meter Station )
INSPECTION
METERING EQUIPMENT
E G M SCADA EQUIPMENT
GAS ANALYSIS EQUIPMENT
ELECTRICAL BUILDING
ELECTRICAL MATERIALS AND LABOR
VALVES SIZE
VALVES SIZE
VALVES SIZE
CHECK VALVES
CONTROL VALVES
PRESSURE VESSELS
FILTER SEPARATOR
FITTINGS
MISCELLANEOUS MATERIALS
ATMOSPHERIC TANK
ENVIRONMENTAL
INSTRUMENT BUILDING
SITE WORK
PAINTING
SUB TOTAL
OMISSIONS
GRAND TOTAL
Prepaired By
COUNTY
STATE
AFE #
LINE #
LINE SIZE
UNITS COST
$ 3,000.OO
$
$
$ 3,000.00
$ 2,000.00
$ 18:00
$ 24.00
$
$
$ -
$ -
$ -
$ .80.00
$ -
$
$ 400,00
$ 1,000,00
$
$
$
$
$
$
$
$ -
$ -
$ -
$ -
$
$
$
$
$ 2,000.00
$
$
$
$
$
$
0.1
HARRIS
TEXAS
SAN JAC
16
E X T, COST
$ 6,000.00-
$
$ 3,000.00
$ 2,000.00
$ 14,400.00
$ 19,200.00
$
$
$
$
$
$ 48,000.00
$ -
$ -
$
$ 4,800.00
$ 3,000.00~
$
$
$
$
$
$
$
$
$
$ -
$ -
$ -
$ -
$
$
$
$ 8,000.00
$
$
$
$
$
$
$ 108,400.00
$ 10,840.00
$ 119,240.00
- Exhibit B