R2021-197 2021-10-25RESOLUTION NO. R2021-197
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an Interlocal Agreement with
Brazoria Drainage District 4 (BD4) for improvements to the West Lea Ditch
#B122-00-00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland and
Brazoria Drainage District 4, 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 an Interlocal Agreement with Brazoria Drainage District 4.
PASSED, APPROVED and ADOPTED this the 25'^ day of October, A.D., 2021.
VIN COLE
MAYOR
.O—
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT A
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
INTERLOCAL AGREEMENT BETWEEN THE CITY OF PEARLAND AND
BRAZORIA DRAINAGE DISTRICT NO.4
This AGREEMENT is made between BRAZORIA DRAINAGE DISTRICT NO. 4,
acting through its Board of Commissioners (hereinafter 'the DISTRICT") and the CITY OF
PEARLAND, a home -rule municipality acting through its City Council (hereinafter 'the CITY")
respectively, each being a governmental entity pursuant to the Interlocal Cooperation Act.
RECITALS
WHEREAS, the DISTRICT and the CITY find it necessary to improve and expand
West Lea Ditch, Id# B122-00-00, in orderto improve and maintain proper drainage forthe
West Lea subdivision; and
WHEREAS, the excavation and improvement of West Lea Ditch will improve the function
of the drainage ditch located within the jurisdiction of each entity and will benefit both the
DISTRICT and the CITY; and
WHEREAS; the DISTRICT and the CITY have each now agreed to contribute certain
materials, equipment or efforts to complete the project, pursuant to the authority of the Interlocal
Cooperation Act, V.T.C.A. Gov. Code Sec 791,001 et seq.; and
NOW, THEREFORE, for the mutual consideration and covenants set forth below, the
DISTRICT and the CITY agree as follows:
L
1.1 To accomplish the tasks set forth above, in cooperation with the City, under the Inwrlocal
Cooperation Act and other applicable statutes, the DISTRICT shall provide the following:
(a) Provide labor, fuel and equipment necessary to excavate and perform dirt work to
install pipe and backfill the excavation with cement stabilized sand and backfill
material; and
(b) Provide labor, fuel, and equipment necessary to construct detention improvements
within the recorded 70' West Lea drainage easement; and
(c) Construct concretej unction boxes,area inlets and concrete paving
items within the West Lea Ditch;and
(d) Provide all storm sewer pipe, reinforced concrete box culverts, and cement
stabilized sand for utility backfill of storm sewer pipes and concrete box culverts;
and '
(e) Engage the services of Enterprise Crude Pipeline LLC to cut, cap and remove
approximately one hundred and twenty three feet of pipeline within the West Lea
Ditch drainage easement; and
(f) Provide the necessary supervision to complete the project.
1.2 To accomplish the tasks set forth above, in cooperation with the District under the Interlocal
Cooperation Act and other applicable statutes, the CITY shall do the following:
(a) Prepare all engineering plans and specifications for the drainage improvements;
and
(b) Notify all effected residences ofproposed work and resolve any citizens concerns
before and during construction; and
(c) Reimburse the District upon presentation of invoicing for all storm sewer pipe,
reinforced concrete box culverts, and cement stabilized sand for utility backfill of
storm sewer pipes and concrete box culverts, in the estimated amount of $792,379;
and
(d) Reimburse the District upon presentation of invoice for the actual cost associated
with cutting, capping and removal of approximately one hundred and twenty three
feet of pipeline owned and operated by Enterprise Crude Pipeline LLC within the
limits of the West Lea Ditch drainage easement, in the estimated amount of
$64,311. Final actual costs may be more or less than the cost estimate, which shall
not be construed as a limitation or cap of the actual costs for such work that are to
be reimbursed by the City.
II.
2.1 All parties intend that the DISTRICT, in performing such services, shall act as an
independent contractor and shall have control of its own work and the manner in which
it is performed. The DISTRICT is not to be considered an agent or employee of the CITY.
2.2 All parties intend that the CITY, in performing such services, shall act as an independent
contractor and shall have control of its own work and the manner in which it is
performed. The CITY is not to be considered an agent or employee of the DISTRICT.
2.3 To the extentpermitted by law, the DISTRICT agrees to hold harmless and release the CITY,
its agents, officers and employees from any and all loss, damage, cost demands and causes
of action of any nature or kind, for loss or damage to property, or for injury or death to
persons, arising in any manner from the performance ofthe above referenced construction.
2.4 To the extent permitted by law, the CITY agrees to hold harmless and release the
DISTRICT, its agents, officers and employees from any and all loss, damage, cost demands
and causes of action of any nature or kind, for loss of damage to property, or for injury
or death to persons, arising in any manner from the performance of the above referenced
construction.
2.5 The parties hereto agree to pay for the performance of any obligation under this
agreement from current revenues.
M.
3.1 The CITY executes this Agreement by and through the
acting pursuant to the approval of the City Council so authorizing: and the
DISTRICT executes this Agreement by and through the Chairman ofthe Board of
Commissioners acting pursuant to authorization ofihe Board of Commissioners of
the DISTRICT.
3.2 This agreement shall terminate upon completion ofthe project.
IV.
4.1 Nothing herein shall be construed to make either party a purchaser or consumer
of goods or services from the other.
4.2 Nothing herein shall be construed to create any rights in third parties.
4.3 This agreement may only be amended, modified, or supplemented in writing and
subsequently dated by DISTRICT and CITY.
4.4 Misspelling of one or more words in this agreement shall not void this
agreement. Such misspelled words shall be read so as to have the meaning
apparently intended by the parties.
4.5 Venue for any dispute arising out of this agreement shall lie in Brazoria County,
Texas.
DocuSign Envelope ID: AA423814-4EC3-4AC9-BBFC-D4929188C5E3
IN TESTIMONY OF WHICH, witness our signatures on the execution dates herein
below.
BRAZORIA DRAINAGE DISTRICT NO.4
Ry- —1w, A
C1 n
ATTEST:
secretary
City of Pearland
EbEIRMg...PBy' M...
ATTEST:
EDSWAWO�W-
�EL
City Secretary
Enterprise ID: 15813
EXHIBIT A
Description of the Project •
Enterprise ID: 15813
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT (this "Agreement") is made and entered into
and effective this day of , 2021 (the "Effective Date"), by and between
Enterprise Crude Pipeline LLC, a Texas limited liability company ("Enterprise") whose mailing
address is P.O. Box 4324, Attn: Land Department, Houston, Texas 77210-4324, and Brazoria
Drainage District No. 4 ("Payor") whose mailing address is 4805 West Broadway Pearland,
Texas 77581.
WITNESSETH:
WHEREAS, Payor owns land in Brazoria County, Texas, more specifically identified as
that certain East 70 Feet of Lot 5B, Block '11 of West Lea, Section 2, a subdivision of Record in
Volume 24, Page 301 of the Brazoria County Plat Records being more particularly described in
that certain Drainage Easement from Ronald C. Mayfield & Lauralynn Mayfield to Brazoria
Drainage District No. 4 dated September 17, 2020, recorded as Instrument Number 2021000910
in the Official Public Records of Brazorria County, Texas and that certain East 70 Feet of 4, Block
11 of West Lea, Section 2, a subdivision of Record in Volume 11, Page 69-70 of the Brazoria
County Plat Records being more particularly described in that certain Drainage Easement from
Shawn T. Smith & Charles Eugene Smith to Brazoria Drainage District No. 4 dated September 10,
2020, recorded as Instrument Number 2021000915 in the Official Public Records of Brazoria
County, Texas (the "Property");
WHEREAS, Enterprise holds a certain right-of-way and easement upon, over, under and
through the Property from H.J. Nelson to The Texas Pipe Line Company dated February 25, 1947,
recorded in Volume 414, Page 386 of the Deed Records of Brazoria County, Texas (the
"Easement");
WHEREAS, Enterprise owns and operates a pipeline commonly known as West Columbia
to Shaver Junction /C90 (such pipeline, together with any related valves, equipment and other
appurtenances, collectively referred to as the "Facilities") that runs through the Property pursuant
to the Easement;
WHEREAS, Payor seeks to cut, cap and remove approximately one hundred and twenty
three (123) feet ofpipe, which will traverse the Easement and Facilities as shown on plans attached
hereto as Exhibit A (the "Project");
WHEREAS, in order to accommodate the Project, Payor has requested Enterprise to
perform certain modifications to the Facilities, as depicted in the plans and scope of work attached
as Exhibit B (the "Work"); and
WHEREAS, Enterprise, under the terms hereinafter stated, has evaluated the Project and
is willing to perform the Work to accommodate the Project, provided that Payor reimburses
Enterprise for 100% of its actual costs, both direct and indirect, of performing the Work.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein
contained, Enterprise agrees to perform the Work subject to the following terms and provisions:
1
Enterprise ID: 15813
1. Payor may, at its own expense, inspect the Work by Enterprise hereunder,to assure
itself that the Work is being performed in compliance with the needs of Payor.
NOTWITHSTANDING THE FOREGOING, PAYOR ACKNOWLEDGES THAT
EN 1'LRPRISE HAS NOT MADE AND SHALL NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS, IMPLIED OR BY OPERATION OF LAW, WHATSOEVER TO
PAYOR WITH REGARD TO THE QUALITY OF CONSTRUCTION OF THE WORK AND
THAT ENTERPRISE AND PAYOR DISCLAIM ANY IMPLIED WARRANTY THAT THE
WORK IS OR SHALL BE SUITABLE FOR THE INTENDED USE THEREOF.
2. Payor agrees to bear 100% of the Actual Costs for Enterprise to accomplish the
Work. "Actual Costs" means all direct and indirect costs incurred by Enterprise related to the
Work, including, but not limited to, labor, materials, construction damages, contractors' fees,
construction overhead, inspection costs,costs of permits and approvals,general and administrative
costs, taxes, engineering costs, and legal fees relating to the Work. Payor recognizes that
Enterprise may use one or more contractors to perform the Work.
3. The preliminary estimate of Actual Costs for the Work is $64,311.00, as itemized
on Exhibit C attached hereto (the "Cost Estimate"). Final Actual Costs may be more or less than
the Cost Estimate,which shall not be construed as a limitation or cap of the Actual Costs for such
Work that are to be reimbursed by Payor.
4. Payor will advance the total amount of the Cost Estimate prior to the
commencement of the Work by Enterprise. A check made payable to "Enterprise Crude Pipeline
LLC" for the amount of the.Cost Estimate (the "Prepayment") will be presented by Payor to
Enterprise with two original counterparts of this Agreement executed by Payor. Should Payor's
check not clear, and the funds therefore are not received in Enterprise's account, this Agreement
shall automatically terminate. -
5. Within 120 days following the completion of the Work, Enterprise shall provide
Payor with an accounting of the Actual Costs and, after applying the Prepayment as a credit,will
provide Payor an invoice for the balance owed to Enterprise. Payor agrees to pay the full amount
of such invoice within thirty (30) days of receipt by Payor. If the Actual Costs are less than the
Prepayment, the remaining Prepayment shall be refunded to Payor within thirty (30) days of
completing the final accounting.
6. In the event that the existence, construction, operation, maintenance, relocation, or
removal of the Project described herein causes Enterprise to incur any additional cost for the
installation, operation, maintenance, protection, repair and inspection of the Facilities, or the
cleanup or handling of any spills of petroleum products, Payor, and its successors or permitted
assigns,agrees to reimburse Enterprise for any and all such costs that would not have been incurred
but for the existence of the Project.
7. Excepting claims arising from the willful misconduct of the other party, but
notwithstanding anything to the contrary contained elsewhere herein,neither Payor nor Enterprise
shall be liable to the other for consequential, incidental, exemplary, indirect or punitive damages
or lost profits, REGARDLESS OF WHETHER SUCH CLAIM IS BASED, OR CLAIMED TO
BE BASED, ON NEGLIGENCE, FAULT, BREACH OF WARRANTY, BREACH OF
1
Enterprise ID: 15813
AGREEMENT, STATUTE, STRICT LIABILITY OR OTHERWISE. Any recovery under this
Agreement shall by limited to the parties' direct damages (exclusive of any lost profits).
8. Payor shall perform all operations and construction activity on the Praject above or
adjacent to the Facilities in a workmanlike and safe manner and in conformance with all applicable
industry and governmental standards and conditions that may be imposed by Enterprise from time
to time. No construction activity on the Project by or behalf of Payor shall be performed over,
across, or adjacent to the Facilities until the Work has been completed.
9. Payor agrees that no work will be performed on the Project in violation of the Texas
Underground Facility Damage Prevention and Safety Law, commonly known as the Texas One-
Call law.
10. INDEMNIFICATION
(A) GENERAL INDEMNITY: EXCEPT WITH RESPECT TO CLAIMS RELATING TO BODILY
INJURY OR DEATH OF AN EMPLOYEE(AS DEFINED IN PARAGRAPH (B)BELOW),PAYOR AGREES
TO AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS (COLLECTIVELY "INDEMNIFY")
ENTERPRISE, ITS AFFILIATES, PARTNERS, MEMBERS, DIRECTORS, OFFICERS, AGENTS,
CONTRACTORS AND EMPLOYEES (COLLECTIVELY THE "INDEMNIFIED PARTIES" OR
INDIVIDUALLY AN"INDEMNIFIED PARTY") FROM AND AGAINST ANY AND ALL CLAIMS,LOSSES,
DAMAGES, DEMANDS, INJURIES, JUDGMENTS, CAUSES OF ACTION, SUITS, AND LIABILITY OF
EVERY KIND, INCLUDING, BUT NOT LIMITED TO, ALL EXPENSES OF LITIGATION, COURT COSTS
AND ATTORNEY'S FEES (COLLECTIVELY "CLAIMS"), FOR BODILY OR PERSONAL INJURIES,
INCLUDING, BUT NOT LIMITED TO, DEATH,TO ANY PERSON OR DAMAGES TO OR DESTRUCTION
OF PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF USE THEREOF, ACTUALLY OR
ALLEGEDLY CAUSED BY, CONTRIBUTED TO OR ARISING OUT OF, IN WHOLE OR IN PART, THE
PROJECT, THE WORK, THE CONSTRUCTION OF THE PROJECT OR THE WORK, OR THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS CAUSED BY, CONTRIBUTED TO OR
ARISING OUT OF, IN WHOLE OR IN PART, THE NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF
WARRANTY, BREACH OF CONTRACT, VIOLATION OF ANY STATUTE, RULE OR REGULATION OR
OTHER ACT OR OMISSION BY PAYOR OR ITS AGENTS, CONTRACTORS OR EMPLOYEES, OR ANY
OTHER PARTY FOR WHOSE ACTS PAYOR IS LIABLE (EACH A "PAYOR PARTY"). PAYOR'S
OBLIGATION TO INDEMNIFY SHALL APPLY EVEN IF SUCH CLAIMS ARE ACTUALLY OR ALLEGEDLY
CAUSED IN PART BY THE STRICT LIABILITY OR THE ACTS, OMISSIONS, OR NEGLIGENCE OF AN
INDEMNIFIED PARTY, EVEN IF SUCH NEGLIGENCE OR OTHER ACTS OR OMISSIONS ARE ACTIVE
OR PASSIVE,DIRECT OR INDIRECT,SOLE OR CONCURRENT. THIS PARAGRAPH(A) IS INTENDED
TO INDEMNIFY THE INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF THEIR OWN
NEGLIGENCE, AS PROVIDED ABOVE; BUT THE INDEMNIFIED PARTIES SHALL NOT BE ENTITLED
TO INDEMNIFICATION UNDER THIS PARAGRAPH(A)FOR ANY CLAIMS TO THE EXTENT CAUSED
BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNIFIED PARTY.
NOTWITHSTANDING THE FOREGOING, IF SUBCHAPTER C OF CHAPTER 151 OF THE TEXAS
INSURANCE CODE APPLIES TO THIS AGREEMENT,THIS INDEMNITY PROVISION SHALL NOT APPLY
TO THE EXTENT THAT IT REQUIRES PAYOR TO INDEMNIFY AN INDEMNIFIED PARTY AGAINST A
CLAIM CAUSED BY THE NEGLIGENCE OR FAULT, THE BREACH OR VIOLATION OF A STATUTE,
ORDINANCE, GOVERNMENTAL REGULATION, STANDARD, OR RULE, OR THE BREACH OF
CONTRACT OF AN INDEMNIFIED PARTY,ITS AGENT OR EMPLOYEE,OR ANY THIRD PARTY UNDER
1
Enterprise ID: 15813
THE CONTROL OR SUPERVISION OF AN INDEMNIFIED PARTY, OTHER THAN PAYOR OR ITS
AGENTS,EMPLOYEES OR CONTRACTORS OF ANY TIER.
(B) INDEMNITY FOR EMPLOYEE CLAIMS: PAYOR AGREES TO AND SHALL INDEMNIFY
THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS FOR BODILY INJURY OR
DEATH OF ANY EMPLOYEE OF (i) PAYOR, (ii) ANY OTHER PAYOR PARTY OR (iii) THEIR
RESPECTIVE AGENTS (COLLECTIVELY "EMPLOYEE" FOR THE PURPOSE OF THIS SECTION),
ACTUALLY OR ALLEGEDLY CAUSED BY,CONTRIBUTED TO OR ARISING OUT OF,IN WHOLE OR IN
PART,THE PROJECT,THE WORK,THE CONSTRUCTION OF THE PROJECT OR THE WORK,OR THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS DUE TO NEGLIGENCE, GROSS
NEGLIGENCE, BREACH OF WARRANTY, BREACH OF CONTRACT, VIOLATION OF ANY STATUTE,
RULE OR REGULATION OR OTHER ACT OR OMISSION BY ANY PAYOR PARTY OR EMPLOYEE.
PAYOR'S OBLIGATION TO INDEMNIFY SHALL APPLY EVEN IF SUCH CLAIMS ARE ACTUALLY OR
ALLEGEDLY CAUSED IN WHOLE OR IN PART BY THE STRICT LIABILITY OR THE ACTS,OMISSIONS,
OR NEGLIGENCE OF AN INDEMNIFIED PARTY,REGARDLESS OF WHETHER SUCH NEGLIGENCE OR
OTHER ACTS OR OMISSIONS ARE ACTIVE OR PASSIVE, DIRECT OR INDIRECT, SOLE OR
CONCURRENT. THIS PARAGRAPH (B) IS INTENDED TO INDEMNIFY THE INDEMNIFIED PARTIES
FROM THE CONSEQUENCES OF THEIR OWN NEGLIGENCE,AS PROVIDED ABOVE.
11. Nothing in this Agreement shall be deemed to constitute any release,
relinquishment, abandonment, modification, or subordination of any right, title or interest
Enterprise may have in the Easement.
12. If any party to this Agreement is unable to perform a requirement(or is delayed in
performance) under this Agreement, but such party is diligently working to cure the cause of the
inability or delay, such party shall not be liable for any losses or damages due to delay or failure
to perform, to the extent such delay or failure is caused (a) by events or circumstances that are
beyond its reasonable control or(b)by events or circumstances that make performance impossible
or impractical. Such events or circumstances include, without limitation, acts of God, inclement
weather, acts of war, riots, strikes, lockouts, acts of landowners, acts of government in sovereign
or contractual capacity, shortages of or delays in delivery of necessary supplies or materials,
accident, fire,water damages, flood, earthquake,tornado or any other natural catastrophes.
13. This Agreement, including its exhibits, constitutes the entire agreement of the
parties with respect to the Work and reimbursement therefor to Enterprise by Payor,replacing and
superseding all oral and/or written prior discussions,representations,and agreements pertaining to
the Work and reimbursement therefor.
14. The terms of this Agreement shall constitute covenants running with the land and
be binding on and inure to the benefit of the parties hereto and their successors and assigns.
15. If any term or other provision of this Agreement is deemed invalid, illegal, or
incapable of being enforced by any rule of law or public policy,all other conditions and provisions
of this Agreement shall remain in full force and effect. Upon such determination,the parties shall
negotiate in good faith to modify this Agreement so as to give effect the original intent of the
parties, as closely as possible and in an acceptable manner to the end that the transactions
contemplated hereby are fulfilled to the extent possible.
1
Enterprise ID: 15813
16. This Agreement shall not be amended or modified in any manner, including the
conduct of the parties, except in writing and duly signed by the parties hereto.
17. This Agreement was fully negotiated by the parties with each having been afforded
the right to legal counsel, and shall be deemed to have been drafted by both parties.
18. Payor shall not assign this Agreement without the prior written consent of
Enterprise. Any such attempted assignment shall be void.
19. This Agreement shall be governed by, and interpreted and construed in accordance
with,the laws of the State of Texas,without regard to any of its principles of conflicts of laws that
would make applicable the laws of any other jurisdiction. Exclusive venue for any suit, action, or
proceeding brought by either party in connection with this Agreement shall be in the state and
federal courts located in Harris County, Texas. The parties each hereby irrevocably and
unconditionally waive, to the fullest extent they may legally and effectively do so, any objection
they may now or hereafter have to the laying of venue of any suit, action, or proceeding arising
out of or relating to this Agreement or the transactions contemplated hereby in the state and federal
courts situated in Harris County, Texas. EACH PARTY WAIVES, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A
TRIAL BY JURY IN RESPECT OF ANY SUIT,ACTION OR PROCEEDING RELATED
TO THIS AGREEMENT.
20. In the event that Payor breaches any of the terms, covenants,'or provisions of this
Agreement, and Enterprise retains counsel and/or commences litigation to enforce any provisions
of this Agreement and prevails, the cost of attorneys' fees and the attendant costs and expenses
will be payable to Enterprise by Payor upon demand.
21. This Agreement may be executed in any number of counterparts, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may execute
this Agreement by signing any such counterpart.
[Remainder of Page Left Blank;Signatures Contained on Next Page]
1
1
Enterprise ID: 15813
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below
their respective signatures, but effective for all purposes as the Effective Date.
ENTERPRISE:
Enterprise Crude Pipeline LLC
By:
Name:
Title:
Date:
PAYOR:
Brazoria Drainage District No. 4
By:
Name:
Title:
Date:
1
\\ `\\ PROPOSED WORK BY OTHERS: 5! 4 —�' "� a
\ \ \ ALL PROPOSED IMPROVEMENT ON THIS SHEET TO BE
\ \ nl
CONSTRUCTED BY BDD4 EXCEPT FOR STORM SEWER
\ _> \
N CONNECTIONS TO JUNCTION BOXES. �
N. a x0
...
\ III o
EASEMENT sa'ENTE IISE
PIPELINE NOTE
OmM DR M MMOMS N \ \ CAUTION CROSSING
\ \ 1. ALL WORK IN BOD4 EASEMENTS,EXCEPT
\ \ mrx[uM STORM SEWER CONNECTIONS,SHALL BE
\ \ . CONSTRUCTED BY BOOR.
ate(, 2. ALL CONCRETE POURS ON DETENTION SYSTEMS
l' REQUIRE A MINIMUM OF FORTY-EIGHT 1481 b
ss'MAIM[xAx¢a[RM O PROP
�:�[yj OH au riPOP OROI Ioe I U HOURS WRITTEN NOTICE TO THE DISTRICT AND I
STA M.a.nC AN INSPECTION APPOINTMENT BEFORE TILE
_ POUR BEGINS.FAILURE TO PROPERLY
O vaoPo .�.�..�. 4•sx m- '��. MI'I Sw 'Ai' Irl`^^^^'^^^^'"{�"'.^^' MINIM7•r, COORDINATE AN ON-SITE INSPECTION BEFORE
G pnoPi�4s•siM xE[ ` SDYPIx Y 11 OP ORM TOe CONCRETE IS POURED WILL CAUSE PORTIONS
..•m \ I1\ \ II n mvm ' „� emlowwc[ T P^/ N E BROKEN OUT AT THE
APPLICANT'S EXPENSEE CONCRETE TO BIN ORDER TO PROVE TO
\ u N[O THE DISTRICTS INSPECTOR THAT
F FqF. `� •• `- .- --� 'a a Q m RULES,CONSTRUCTION COMPLIES WITH DISTRICT
H W \ _ F RULES,REGULATIONS&GUIDELINES.THE
W...
I I m I'y' \ \ \ W W DISTRICT DOER NOT ASSUME ANY OCCASIONED
Z uI _,I B122-O0-00 I, _ _ 1 \ .... N RESPONSIBILITY FOR ASSUME
SOCCASIONED
�1 MMRR __ JJJIIIIIILLL srmr \\ __
..I W VVL . - / J- . -F4Ea\ ter[ _ Z BY THE EXERCISE OF ITS RIGHTS,OBLIGATIONS
VA r vi 1 `_ .EiA�� TRH-��i N {�- as MAI AKE PEW =N AND POWERS STATED HEREIN.
f (�/.1�1 TOR — I V .j,3R 1L9i..Jy •L1.1 �. w _• i_ .•• 1..J �[ I-
a �� ) `n 1 —''� •, — —I'—�- �.—, s �. \ 5N.'' -----
(\ ••-5.4. c'-Cz-__— ,. —•.— 2 x m mx
minus�, mi.... 'LP' _ NOTICE:
^� �� ��\\I \...4.
\ i r.. pIPELINE NOTE vwrt xM•m m`N•m So x cos uo
KEY NOTES:
p f� 1 / (TO BE w4OVED) m \ \ I. OR VERIFICATION rOF PRIVATE UTILITY LINES
N SEE
ENTERPRISE
sSKEET'PORRNNO
O:: 7 MTwnmas[w/nartommswv.7M . \ \\ \ X Iijo—_. D.I• •®'
EMEND [%IST REMOAOBPws[vva \ x[OLWL E*Nrsxssxw TIE rtEVExsxWTERs
HVE[wE Ews[x[Nr. PROJECTPRSE PROD(SUMA Om•4ONS sm7[orax TO RE REMOVED evvixE PROP REMOVE EXIST PIPELINE IISS LO ENTERPRISE PRODUCTS am.rnxsaN�xR�i.'m.;mm[�a•ra a,w'.uon "(SffORMls ersO oxsxeErarl. TO RE REMOVEBOG SEi4vOT OTHERS)
FROM BDDd ROW AND CAP(BY CONTACTS:
PRIOR TO CONSTRUCTION. OTHERS Tx rimi sxu sr.,HOusiON. B4.r•as r w 844.
aO[wvvxaevue usexexrxMm ROT DRa TOO 18.110 ( ) I O LAIN nee nsaeSssa _
CELL
0 AmeoPMATE COVER TOR TNT SIDISLOMA BOTTOM AND
MM ESISTvrtOl F[RT FLIT IPRORU • ` uxvENcxoAcxu[Nrruu RST.WI. "^^'E) \ \ \\ Tm.e a-ee 4.mmeN,mcon �I""-�' Cale
MIST
IPRONLEI .4.
,\ \ oepA•oOooam v..exn rem.v._.. m.
.AT N Ori.q.u....are s�.s.v.•a r.mr-ew S T.�.w
ry e rm2N
IN* rrn.na.
rtamwcT. vmAmrtuvormxmurn ga
a '• B122-00-00 roe.
A....ATM.me•Nneea- ..B leak.my. '
Mv.,r•NM Isl....r4.
54 54
52 mguiARN APPRO.ERRV fesi•OOLT x____. i_ \_--- __
52
City of Pearland,Texas
C ,PROPOSED DITCHFLOWLINE '.1 TT---- 1- [s w�
503. -� `x'rimi k°irt )—
(To _ — — — .... — — - - 50 �"W IDSng muP ,x..,._,eex.
need G
! , <REMOVED ee • "'^""RAF
a 48 �O^ ....
MAT.Ow Ty— -xc n �[As[ Imlml/ E[ma[�R ra.m El B.osx __. e[n.SS� 4B .sxMx..c I•••••a•/AR'•"' Saum[aS•,.
m _ 1 \
x ..._..._......._..........._.P. ---"......._.._..........._..._..._......_...�........_.._..._ :ice .. .
.
E `nA n.ao.m n v.u.sS PROP OR.EL np xSl 4am oso:87.xP•xa.Ssnmra�
46 R.I \ —',f -- -..._ .n _ .--- ------— -'— --_—___ A6 w7.a�a•wARRsx[o.
E I -' n[..mN sen[[rry wvwm[.m.
Axorovv.
LOWED MIRE xvvsxw[sr moue R w DM Nrt vs[Criox m s
1.OT xwxwxr[s Axouwuowe
'p 441 �f � PROPOSED CLEARANCE FROM! 44 WEST LEA SUBDIVISION
F PROP H EXISTING PIPELINE TO PROPOSED PROEMS D DRAINAGE IMPROVEMENTS
STORM SEWER IS IL'MIN COVER a�STM FOR CITY OF PEARLAND
oasx aWSS%
42 .. . i 4 T x , .. , _ - 42
B122-00-00
PLAN AND PROFILE
40 40 STA 17+00 TO STA 22+00
t
_ — •-
FILE No: '
38 •
I -PROPJU IONB:I LW .3LJ' --- 38 DRAWING SCALE
e(__ e.
X BDO RIaARD A.MIER
PIPELINE I THROAT[L•41.uYMAT0I PROP ORM Honz: [••an BDSSI ji
CROSSING I ! a.s SWR
jsj••eum, vmT. a••a' g5xsrl9
LA-
36
(? 17.00 10.00 - - 19.00 [000O I u.00 [a.a0 36 la"EEL: 95 0E181 3/22/2021
ft
105 Drawing No._
Enterprise ID: 15813
EXHIBIT B
Description of the Work(Plans and Scope)
•
O . QQ ,,,ae.,r .v.,.e.. @ v„v,,,,,r gg LEGEND
_ =R ,„ae ,.re c.eie
gad 1 I 1 hi
§ — —_ WR
2.
m a as ! I $ $ .02
i 0 — _
. '
j +' PSI ` J fl` 1fi ✓ lr �„ '.� ; .
J, (✓y 40,LJ.;7 '�,��� "e.k.: • J -,',,,,,.'1,, r-Se ! \o ��+��/ �/ c` -�L {1{a
6' ! 1 P ,s t '' "4 6;3iM: S. 3 ,3 � J�'�F' T t Ir / cc'#'1. y•ai " ,,� � .J ."- w.. o..e.xoweo
,,�R ,C r'f� ais+ t -t'_ `Yh , `',x t. ' , ,�•. // yr �.,r.,'yeai�'1'j�`i'�y �I W �t 'a '•c .4,,,,,I X)'i ® ,--,,rrvvmn.se,.ccP.ws,
.3 .`s .k' a K \ K .�` .i/".- /J t1�. ;r fi.f (.'''+ ;t >{y k .7,,?1,C ,P r
,,1, p .A A�y75♦ y 5
�iyi��c ,Y" f8 y�4t"�' �. :hy uFf, 'p 'Q ,.., r\,' .� y�♦�~ / �,r. i` .'3 " �'"trn{ r"Pl` ,'� v �5 r CR T ''.;1.', NOTES
H .3 d ;:s!ry,� .+ t9' ,. ; a ? .'Y., j'.;T �,=" .� _?:.n° •,�".}'-�%:�: �r `kl f t I lrY Y� f.w� J }.;L� :v
... .„ x �),�' ,e�'' �...�; �. .;. s.-;'..K . s.,"�, x#� ,.,'J , •... x' s^.N's.. ,✓. � � v.•.,e �
4 ,.,y',.,,.,. „;'°{v,5%+es. w_\ 1r, 4 .tw.m '',d"• ,... ,..m, ' .J.,e- .1 c' \:n•,,,-.1a .i:1 .:,`a_.u,t:'x,'4 t: rza..
e ,:,.. 1 .. t..^ t _,`M, ., .. v,•f..y+ .5.e.,,..,. •,ad'.^..w'9' ».•, ::,...•,.Ir 'I,, .. s��:'M L"`1 ,«Y ,,✓,+ ,•9.;
4 � «..,1 �«7:a.,. .r i s,. ,. . .+ .. .rr.� • & ✓1 It .s z,.P. ./ G.� �.°". ? a,}, '•a. , �.1v. ✓'�;�e.o .:.SAW\':p .,.�L awt,...... • n... ,: ,.'.4? si -., , -,,•,� ",., , e ;.,e 3 ",, '" ':'litU ,,,.. ✓-; . ;r,.. ' .`. ,..- ,;,;°".^.
ii I ,, ."„ ..,r_ i A...-•`.<-� .;M. • , > l � > �: •,�. �'; :: 'r..� i ..] J.�,�•i�Y y p r w(� .�:�i.�i,. ,,f�,f 5. wrmme....ew a..o,w.unewwu,orrc
. . :- A"•,.,.* ...a;j? ,r s.,. ,.ar<.+t`,;�„t ,^ •', 1. '.'; -' ... ...;::�-4,�.,r. 1" .-.c ' ( 7 s• y }('�'� +\:r t::;�';ct
/./:" J��., lr. i
� .. ,, _.n �,,'�,E-J��.s,+"�r-�< z'I`;r� �:�tr ?���.,.�'n';� .::•vT'=- 'r,�.f sa„r�� �„oo,. I
' °, l'ii,3 ,*''� � .,� . ''' ` ` mrw�t -- r� m� /���/��/rr����7W��sdnT� � , .. - �
a s ' : — :.L; '4" '-''L.:r, .rae.m \ ; _ . g .,V ,4 .ram .. t , .:,y ,-: .mtc 4 w
g '-. n;¢ ♦ J`wu e,,+..�~�,.K}5,— F'-=-�1=�1-=11,-1h'.•i-11�=1' 1=-i; a'.J , "^".""","�.,.=�y.C�"T•�'"�'""f�� u,"l--�•I Fir-,'-i.�l-�'a �r �"�i1�y=,y. �Fi--may F•--'•-I xEvxe:wr.,xe wvurxay.esxron coarwr
vJ. -, r%%,,,,, /,,:,:,„ • • t ,,�L. «i^-. �l- J \•\ '7', ,''_ eo!'.p'ry�w -;:At otir k � r + \. -J e,.r S«i6,. I ;, ).w" _ r ,7,,*'
U tom^ e s w, M - 5 < 16 ENTERPRISE` 1`1 I - )1 V
t � 5 / .>;t:r„� %-/t � v f S`o1•7"yam-ai� .:PIPELINE(l10 Cea) �1 Tom'
r at.' . 'v \: ,+ 41,..,r�7. ✓C .tt�` , .,, ,%,, v1 .4 0 'c�n..N.. 47-4. .''`F.. G "lii{ `Si.: ' d �Cve,,,
,.> .* ,•,•t. ,? a :/, ., ,,o i x. K,FA. a ,t i4, �hy'i j`t''V \,� v4 ,+ 'lt L,u'l•vS"rsf','- N}`,'\'51 �
T. Y , . ,„ w`° / �?` 1 f t ,'Y'.g: m 0,* V. :42I :}i; ''...1,':-.':J.
I, 1 r f 1 �'3 4 C'l�y � f 1
'wk` '3' .� .F+ / rJ a f .2 5 JCS` >61- � {t- :} r 2 t BILL OF MATERIALS
c , x .. f t A 'n i } RO .rl P ti r
4 ,L TO?'+G.,.4 -. ..�' ^'.- . -D ; E n; :l4•' V. ,'lb"e'�t`` 1 �' ,`� / G v ^`-V` ;\ ., f'f . .rfl. �swwm, o..
m tr,� ". x'`� ••, .. . e"'- / ��3'I tVy p �t+ �� j [.t qr '' ' i. Jf Y �\ti';,-! i. .! � .�/',/�
a F' t,•.,.,. wi.a- N. . 1Z ,3 .. el'. 7t n, 45 tt x o4 74 :�.;1, `.'',
T �..._^ „Srr, � /♦"r �S '��_"8-"7 icy. \-'4 , a "n ;{,gray d R z
9 "[- .,.> '�, A, ,, ,y J Y t.,r Tv ' n Lsxt << '- , ,a.. N'F�J' i. L y�♦i 1'V'�a.A`7r ,+ X1.. -
'' _;y ' ^�' ; pG,.... !w„� / r' /,.�,�f.�„ . ,,w"_, ,Vy , 4h ,- .-x, r,,f,, a .rf:r,,,,,t§� y ,,t, 1, iro
S a ,
#{ti, ?: �',..: : :r �s`°.� d`'t}c..7;t;; .J��.-�n'a�Cf +t I 5' �`q^ - 'S `u t t h.�i'}'� t 4' 7f:.
t �5. T \ r -•''j�./. i 1 � r A •t `-ems 1 .J"- : ,`�t�J A LT iL fir A,t
,..`3 may. ....p t ( t
%rC+` � :'..,4?af �.. 'r'1gn',�^t�i .,pvr%�t� / "".; 7MAE-b" �'•1�S.t,�«. riyt, r ,,,rr.'/ .'Y".. :ir 41..., r, i(`.:tw \ih�1�.' ,Tj1 �'� ,..a'�. . ,m. ",! ,.��'r
aI
Z
J MATERIAL
a i
"o :
REFERENCE DRAWINGS
8^r• COVER wax.. osscnw,wx
ti
5
g o o
1
Z.
n wm"a, �' - - -- - i n.wstn�. I w,.x,w n
O I
m a
w�9 A..MHO..
Riw 16'ENTERPRISE ..orosmrnoxu a
PIPELINE(LID COo)
1 ut.) ,..nm INA. ,..,,m ,.w.m ,m,.m ,wwo rsv,m ,.ss.s.
ISSUED FOR REVIEW
d ALIGNMENT SHEET
g LJA Engineering,Inc. IA16 ENTERPRISE PIPELINE(LID C90) En rise
3600 W Sam Houston Plow S Phone 713.953.5200 CITY OF PEARLAND MOCKINGBIRD LN Products
:S: Suite 600 Fax 713.953.5026 BRAZORIA COUNTY,TEXAS
oxevnua 4.44.7 se
Houston.Texas77042 FRN-F-1366 HORIZONTAL; ,o veRncaa'ON D
7y >o y m ryweo.o."tx.w ,D. ,.. w8 6noHo: sae xXxxxx
e � we
3 vevnru swrc+,v aOOCVWM XXXXX-AL-4 rO,vx6eR xxxXXAL-00o4
CONTROL
•
la
EEnterprise Products
AFE Project No.: DB 15813/AXXXXX
Project Title: City of Pearland—West Lea Drianage Improvements —Cut and Cap Abandoned 16"
Lines C90
City/County/State: Pearland,TX
Date: 07/01/2021
SCOPE OF WORK:
The scope of work is to Cut,Cap & Remove approx. 123-feet of pipe of the 16" Line C90(West
Columbia to Shaver Junction) per request of developer.
Summary of Scope:
1. Contractor shall place One Call Notice in accordance with state regulations.
2. Coordinate with the Developer and local authorities for traffic control plan,set mats as
necessary.
3. Enterprise Operations personnel will locate the pipeline and perform necessary procedures
to depressurize the line before turning over to the contractor.
4. After the pipeline has been released for construction by Enterprise operations, Contractor
will carefully expose the cutting locations first then proceed to excavate and expose the pipe
segment to be removed.
5. Test pipeline coating for Asbestos Containing Material (ACM). If ACM exist, dispose in
accordance with Enterprise Asbestos Removal Procedure.
6. Prior to cold cutting, Enterprise Operations&Contractor will verify that the pressure and liquid
has been removed from pipeline. Underground Line Cutting Checklist SF34 must be
accomplished prior to cold cutting of the pipeline.
7. Cold cut the pipeline and install weld caps on the remaining pipeline segments.
8. Remove the pipeline segment, cut into 40 ft length max. and dispose.
9. Backfill and compact all open excavations.
10. Restore jobsite and demobilize.
Reference Drawings: See attached Pipeline Removal—Aerial Map
Enterprise Contacts: Project Manager: Steven Winters—713-381-6544,slwinters@eprod.com
Enterprise ID: 15813
EXHIBIT C
Cost Estimate
riliki6 (ate)
Project Cost Estimate
e Errcrl=City of Peadand=Mockli bid C-_.
Drainage Improvements-Idle 16"Line pp ._ Item Description Rate
Project Title: ,Cut,Cap and Remove •
Project ID: 10B 15813 I Tax-Labor/Services 6..25%
Project Location: City of Peadand;Texas -- I Tax-Material 8.25%
Revision Number. ',Rev 1 ' I Capitalized Int.(Y1) 0,00%
Scenario Name: 1 Capitalized Int.(Y2) •0:00%
!
Estimate Type: IDefinitve - • 1
Cost Center. 113100-20004 .. 1
Project Type: jReimbursable - . ..I
AFE Classification (Stay in Business . I
4.0-GENERAL CONTRACTS $ 27,000 42%
Line Item I Item Description I Units [Quantity' Unit Rate 1 Cost I Taxes I AFE Total I Notes
Construction contracts-mist $ 27,000 •
4.3 0 Cut,Cap 8 Remove Approx.123 feet of - ea. - 1 $ 22,000 $ 22,000 $ - S 22,000 Competitive Bid(4),
idle loin Line C90-pipe section Lowest bid seleted .
O - Line C90 Abestos.Abatement • ea. ' - 1 $ 5,000 $ 5,000 $ - $ 5,000 .
5.0-ENGINEERING $ 3,000.00 5%
Line Item I Item Description 1 Units [Quantity] Unit Rate I Cost 1 Taxes I AFE Total 1 Notes
53 Outside Engineering $ 3,000
O I Survey-(Const.Staking Asp buih)--_,_1 ea____1• _11 S 3,0001$ 3,000 I$ - $ 3,000
6.0-INSPECTIONS COSTS $ 7,700 12%
Line Item I Item Description I Units lauantityl Unit Rate I Cost I Taxes I AFE Total I Notes
6.7 Inspection Misc. 5 7,700
O 1 Chief Insp/COR I - days: I 71 5 - 1,100 I$ 7,700 I$ - 1$ 7,700 I -
7.0-INTERNAL COSTS - $ 8,320 13%
Line Item I Item•Description I Units (Quantity' Unit Rate 1 Cost I Taxes 1 AFE Total I Notes
7.5 Office Costs 8 Travel $ 500
0 - I Office Cost 8 Travel Expenses 0ncl.Admen) 1 ea 1 -11$ . . 500 I$ 500 I S - I S 500 I
Salaries 8 Wages $ 7,820
0 Project Manager hr,. 20 $ 150 $ 3,000 $ - $ 3,000
76 '0- •: Pipeline Tech/Operations -. hr. 8 $ - 100 g 800 $ - $ 800 •
• 0 Project Admix • hr. • 8 $ 65 $ 520 $ - $ 520
0 ' Sr.Land Agent hr. .10 $ 100 $ 1,000 $ - $ 1,000 '
O FE Management ' . . hr._ . 10 5 - 250 -
$ 2,500 $ - $ 2,500
8.0-LEGAL/PROFESSIONAL SERVICES/EHSBT $ 3,000.00 5% _
Line Item I Item Description 1 Units IQuantityl Unit Rate I Cost I Taxes I AFE Total 1 Notes
Land Damages $ 3,000
8.4 0 'Temporary Work Space(5)locations.. 111
lot I .11 S
--3,000I$ 3,000 I$ - I$ 3,000 _ -
9A';AC000NTING, $, _ '-) 0%l. ,-',7
-Line Item.I - _. . I _.- Item Description _ I' '-' •1 Rate:I Unit Rate`I. Cost`ti 1-', Basis-_- ,1"SAFE Total'OI Notes
PROJECT CONTINGENCY $ 6,903 11%
Line Item 1 Item Description I 'Rate(%)I UnitRate -I Cost . 1.Weighted Average I Subtotal I Notes
Contingency [ r .+ _ -1$ 6,903
4.0-GENERAL CONTRACTS .15% Rate $27,000 59% $ 4,050
7.1 5.0-ENGINEERING -15% Rate $3,000 7% $ 450 '
6.0-INSPECTIONS COSTS 15% Rate $7,700 17% $ 1,155 _
7.0-INTERNAL COSTS '15% Rate $8,320 18% 5 1,248
PROJECT SUMMARY
Summary AFE Total ,
Subtotal $ 49,020
Contingency $ 6,903
Capitalized Interest $ -
ConstructionlProjectOverhead 15% $ 8,388
Total $64,311
COST RESPONSIBILITIES
Enterprise • - 0.00%.
City of Pearland . . - 100.00% $64,311
Notes/Assumptions:
1.The scope of work is to Cut,Cap&Remove a total of Approx.123 feet of idle 16in Line C90 pipe - '
2.Assumed that project site is accessible.Matted access road not included in this estimate.. -
3:Project overhead is'percenIage by which the project costs are multiplied to recover Internal labor,supervision,management,pipeline overhead,corporate overhead,and cost of capital.