R2008-155 2008-12-08 T70051RESOLUTION NO. R2008-155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT
ASSOCIATED WITH THE ORANGE STREET PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Utility Relocation Agreement associated with the Orange
Street Project, 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 a Utility Relocation Agreement associated with the Orange
Street Project.
PASSED, APPROVED and ADOPTED this the 8th da f December, A.D., 2008.
M REID
MAYOR
ATTEST:
^`~~~;~,PF~L~~u~ ;
`: ~_:
YO G LO FI ="~-
:.>;.
CI SEC TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2008-155
Project #: T70051
STANDARD UTILITY AGREEMENT
ACTUAL COST -CITY
County: Brazoria Road: Orange Street - TEPPCO C-90 Line Open Cut Box Sag
Project No.: T70051 From: Highway 35
CSJ: N/A To: Hatfield Rd
Road Project Letting Date: March 2009
This Agreement by and between the City of Pearland, Texas, ("City"), acting by and through its duly authorized
official, and Teppco Crusde Pipeline LLC, acting by and through its duly authorized representative, ("Owner"),
shall be effective on the date of approval and execution by and on behalf of the City.
WHEREAS, the City has determined that it is necessary to make certain improvements to Orange Street ,which
said changes are generally described as follows: Widen to 4 lanes
WHEREAS, these proposed roadway improvements will necessitate the adjustment, removal, and/or relocation
of certain facilities of Owner as indicated in the following statement of work: This Scope of Work is to Open
Cut Box Sag the West Columbia C-90 16" Pipeline across West Orange St. which requires total closure of W.
Orange Street for a time period of approximately 2 weeks. This would require the resurfacing of the road by the
City of Pearland, at their expense, after the TEPPCO Contractor completes the work and backfills the ditch. This
job can be completed in approximately 3 months after TEPPCO receives a Signed Agreement from the City of
Pearland, and as further described in Exhibit "A" and such work is described in Owner's Estimate (estimated at
$292,440), which is attached hereto and made a part hereof as Exhibit "A-1", and which is prepared in form and
manner required by 23 CFR 645, Subpart A, and amendments thereto; and
WHEREAS, the Owner, has provided sufficient legal authority to the City to establish an interest in properties
affected by the abovementioned roadway improvements. Said facilities are located upon such properties as
indicated in the statement of work as described in Exhibit "A".
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties mutually
agree as follows:
The City will pay for costs incurred in the adjustment or relocation of Owner's facilities to the extent
authorized under Title 23, Code of Federal Regulations, Part 645, Subpart A. The City's participation shall
consist of Fifty Percent (50%) of the cost of the adjustment or relocation.
The Owner has determined that the method to be used in developing the adjustment or relocation costs shall be
as specified for the method checked and described hereinafter:
^ (l) Actual direct and related indirect costs accumulated in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
® (2) Actual direct and related indirect costs accumulated in accordance with an established accounting
procedure developed by the Owner and approved by the City.
Subject to the participation percentage as set out above, the City will, upon satisfactory completion of the
adjustment or relocation, and upon receipt of a final billing prepared in the form and manner prescribed by
Federal regulations, make payment in the amount of Fifty Percent (50%) of the eligible costs as shown in the
final billing.
The final billing for work completed herein shall be submitted to the City not later than ninety (90) days after
completion of the work. Upon receipt of the final billing and conclusion of the audit, the City agrees to pay
Design 1 of 3 33. Revised 6/2008
Owner one hundred (100%) of its share of the eligible cost as indicated above. The City shall make payment
within 45 days of acceptance of the final billing.
In the event there is a substantial change for the statement of work contained in Exhibit "A", reimbursement is
limited to Fifty percent (50%) of the amount approved and actually expended pursuant to this agreement and its
attached exhibits unless written approval is obtained from the City. All changes shall be documented on the
Owner's "as-built" plans supplied to the City. City shall reimburse Owner for any additional cost or expense
caused by any unreasonable delays waiting for City's written approval.
Upon execution of this agreement by all parties, the City will, by written notice, authorize the Owner to proceed
with the necessary adjustment or relocation, and the Owner agrees to prosecute such work diligently in
accordance with the Owner's plans. Such plans are attached as Exhibit "B". Owner shall provide the City with
forty-eight (48) hours written notice prior to proceeding with the adjustment or relocation and agrees to proceed
in such a manner that will not result in avoidable delay or interference with the City's roadway construction.
Should Owner by its actions cause interference or delay resulting in the imposition of damages to the City by a
third party, Owner agrees to be responsible for damages, including attorney's fees, defense of claims and
indemnification associated with said damages. Such authorization to proceed shall constitute notice on the part of
the City that the relocation has been included in an approved program as an item of right of way acquisition, that
a project agreement which includes the work has or will be executed, and that the utility relocation or adjustment
will be required by the final approved project agreement and plans.
The Owner will retain records of such costs in accordance with the provisions of 23 CFR Part 645, Subpart A.
The Parties, by execution of this agreement, not waive any rights to which each party may legally have within
the limits of the law.
This agreement is subject to cancellation by the City at any time up to the date that work under this agreement
has been authorized. City shall reimburse Owner l 00% of all cost incurred by Owner up to the date of receipt of
Notice of Cancellation.
The City Auditor may conduct an audit or investigation of any entity receiving funds from the City directly under
this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this
contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the City
Auditor, to conduct an audit or investigation in connection with those funds.
It is also expressly understood that the Owner conducts the adjustment, removal, or relocation at its own risk,
and that the Owner agrees to indemnify and hold the City harmless for damage to existing facilities caused by
the conduct of the Owner or any third party working on behalf of Owner.
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
UTILITY CITY
OWNER
Owner: TEPPCO Crude Pipeline, LLC]
By:
Title: Agent and Attorney-in-Fact
Design 2 of
THE CITY OF P ARLAND, TEXAS
s
By:
Bil Eisen
Title: f.i t~ M~Pr
Date: pecPmhPr g~ ~nn~
Ec~~ r,~ ,e2 a a o o
Design 3 of 3 33. Revised 6/2008
EXHIBIT "A"
SCOPE OF WORK
°' T
PROJECT: PIPELINE WEST COLUMBIA 16" OPEN CUT BOX SAG FOR THE
WEST ORANGE STREET EXPANSION
LOCATION: SOUTH SHAVER TO WEST COLUMBIA C-90 - 16" CRUDE PIPELINE,
AT WEST ORANGE STREET, WEST OF MYKAWA ROAD, PEARLAND,
BRAZORIA COUNTY, TEXAS
BRAZORIA COUNTY KEY MAP PAGE 614, GRID M
1 SCOPE OF WORK
1.1 GENERAL
In general the scope of work is to lower to 14' depth an approximately
120' segment of the C-90 pipeline for the West Orange Street Expansion in
Pearland, Brazoria County, Texas.
This will include excavation /removal of an approximately 120' segment
of the 16" OD pipeline, installation of an approximately 120' segment of 16" OD,
.500" WT, API 5L, X42, Fusion Bond Epoxy "FBE" / Powercrete coated pipe to 7'-
6" below the proposed storm sewer, fabrication of 16" OD, .322" WT, API 5L X-
42 FBE coated pipe /pipe bends /transition pieces, hydrostatic test of the
lowering segment prior to installation, tie in the 16" OD lowering segment to the
existing 16" pipeline, install'/z sack stabilized sand to 6" above the lowered pipe
segment & backfill / compaction of excavation upon completion.
Installation of stopple fittings & tap / stopple of the 16" pipeline will not be
required for isolation, as the 16" pipeline is currently idle with a nitrogen pack.
Existing pipeline valves will be utilized on each side of Orange Street to maintain
nitrogen in the remaining pipeline segments during tie in of the lowering pipe
segment.
The pipeline contractor will assist TEPPCO operations with
decommission of nitrogen in the 16" pipeline segment and reinstallation of
nitrogen in the pipeline segment upon tie in completion.
1.2 MECHANICAL SCOPE OF WORK
1.2.1 The mechanical contractor will pick up the TEPPCO supplied
material from the TEPPCO warehouse at 901 Clinton Drive,
Galena Park, Texas
This material will include:
• All Pipe
• All Pipe Fittings
1.2.2 The work pertormed will include:
• Receive TEPPCO supplied material at the TEPPCO
Warehouse, 901 Clinton Drive, Galena Park, Texas.
• Load & deliver TEPPCO supplied material to the jobsite.
• Welder qualifications to TEPPCO / EPCO Welding
Procedures.
• Clearing & grading the pipeline ROW work area.
C-90 - 16 INCH -WEST ORANGE STREET OPEN CUT BOX SAG -SCOPE OF WORK R1
-1-
T
• String and weld the approximately 120' lowering segment of
16" OD, .500" WT, API 5L, X-42 FBE / Powercrete coated
pipe.
• Fabricate & weld the 16" OD, .322" WT, APl 5L, X-42 FBE
coated pipe, pipe bend fittings & transition pieces for tie in of
the lowering segment to the existing 16" OD pipeline, coat
the joints with SP 2888 epoxy.
• Excavate & remove the existing 16" road crossing pipe
segment.
• Perform additional excavation to the required depth of 7'-6"
below the proposed storm sewer, at approximately 14'
depth, for the new segment.
• Lower in & tie in the approximately 120' of 16" OD, .500"
WT, API 5L, X42 FBE /Power Crete coated pipe segment &
tie in fabrication.
• Hydrostatic test the lowering segment, tie in piping, fittings
and fabrication prior to installation, by a third party
Hydrostatic Testing Contractor
(Hydrostatic test pressure = 1800 PSI minimum -1850 PSI
maximum -Duration 8 hours)
• De-water piping after hydrostatic test.
• Assist TEPPCO operations during isolations &
decommission of nitrogen in the pipeline segment for tie in of
the lowering segment.
• Tie in the 16" lowering segment to the existing 16" pipeline.
• Install'/2 sack stabilized sand to 6" above the lowered pipe
segment.
• Assist TEPPCO operations during reinstallation of nitrogen
in the 16" pipeline.
• Backfill /compact all excavations & restore ROW to original
or better condition.
• Delivery of demo pipe, removed coating material and excess
pipe /material to the TEPPCO Galena Park Warehouse.
1.2.3 All existing pipeline coating will be treated as ACM
(Asbestos Containing Material), unless testing of coating
material shows to be Non ACM. The EPCO Asbestos Removal
Procedure will be followed for all existing coating removal.
Removed pipe coating & coated pipe will be contained,
transported and disposed of as specified in the EPCO Asbestos
Removal Procedure.
• No coating will be left in the excavations.
• TEPPCO will be responsible for final disposal of all
ACM.
1.3 SUPPLIED BY CONTRACTOR
1.3.1 The contractor shall supply all labor, supervision, tools,
construction equipment, trench boxes, consumable supplies,
transportation, safety equipment and supplies including PPE,
Triple Gas Meter and other items necessary and required to
perform the work in accordance with the scope of work, attached
drawings and specifications.
• All Specialty Polymer Coating "SP-2888 R.G." brush grade
weld joint & pipe coating material.
C-90 -16 INCH -WEST ORANGE STREET OPEN CUT BOX SAG -SCOPE OF WORK R1
-2-
~...
T
• 1/2 sack stabilized sand
• A copy of ISNetworld OQ1 report for contractor employees
qualified to NCCER OQ requirements for all covered task
associated with this project.
1.4 SUPPLIED BY TEPPCO
• TEPPCO Welding Procedures
• All required NDT of welds
• Job Plan
• Hazard Assessment
• All pipe
• All Pipe Bends & Fittings
• All required permits
• 12.75" OD, .322" WT, Grade X-42 pipe for Welder
Qualifications Testing
• Laboratory cost for Welder Qualification Testing
• Vacuum Truck Service
• Nitrogen Service
Disposal of ACM "Asbestos Containing Material"
• Disposal of removed pipe
1.5 EXCAVATION
1.5.1 A One Call Notification is required, by the contractor, 48 hours
before any excavation can be performed. A confirmation number
will be issued to the caller and will be documented for future
reference. The TEPPCO Inspector on the project shall verify this
notification.
1.5.2 All excavations will be sloped or shored to meet OSHA and
EPCO Contractor Safety Manual requirements.
1.5.3 The contractor shall have a designated Competent Person on
site during the duration of the project.
1.5.4 The Competent Person shall be responsible for compliance with
the above mentioned requirements.
1.6 WELDING
1.6.1 All welding will be in performed in accordance with TEPPCO /
EPCO approved welding procedure 611-62, 611-63 & EPO 15-
06. All welds will be 100% NDT (X-Ray, Dye Penetrate, etc.) in
accordance with the requirements of API 1104, 631.4 & DOT
195.
1.6.2 All welders performing production welds will be qualified to
TEPPCO / EPCO Welding Procedures 611-62, 611-63 & EPO
15-06 prior to start of the project.
1.6.3 All welder qualification testing will be performed as per API 1104
& API 1104 Appendix "B" with 12.75" OD, .322" WT, API 5L X42
pipe. All 12" pipe for welder testing will be supplied by TEPPCO.
C-90 - 16 INCH -WEST ORANGE STREET OPEN CUT BOX SAG -SCOPE OF WORK R1
-3-
T
1.6.4 Testing of welders & destructive testing of welder qualification
test will be performed at a testing lab designated by TEPPCO.
1.6.5 Testing of welders will be coordinated by the TEPPCO project
inspector.
2 SAFETY
2.1 SAFETY ORIENTATION
2.1.1 All contractor personnel shall attend asite-specific Safety
Orientation prior at start of the project. The Safety Orientation will
be performed on site by the TEPPCO Safety Coordinator &
TEPPCO Inspector.
2.1.2 The Safety Orientation will be documented on the TEPPCO
Safety Orientation Checklist with a log of personnel attending the
Safety Orientation.
2.1.3 The Project Hazard Assessment & Job Plan shall be reviewed
with all contractor personnel on site.
2.2 WORK PERMITS 8 AGREEMENTS
2.2.1 All required ROW Permits, Access Permits & ROW Agreements
will be provided by TEPPCO.
2.3 GENERAL SAFETY
2.3.1 Contractor shall be required to comply with all rules and
regulations set forth by EPCO and OSHA in performance of the
project.
2.3.2 A Tailgate Safety Meeting will be conducted & documented daily
by the TEPPCO on site inspector.
2.3.3 All contractor personnel & visitors are required to wear a hard
hat, safety glasses with side shields, foot protection, hearing
protection and any other safety related equipment required by
EPCO and OSHA whenever they are on the job site.
2.3.4 Fire Retardant Clothing (FRC) will be required by all during
project duration.
2.3.5 All buffing & grinding equipment (angle grinders) will have
handles & guards installed as per the manufacturer's
specifications. No modifications to handles or guards will be
allowed.
2.3.6 For all trenching and excavation 4' or greater follow the EPCO
Confined Space Entry Procedure.
2.3.7 Full body harnesses & breathing air equipment will be on site
during excavation entry activities.
2.3.8 A TEPPCO representative will issue Hot Work, Cold Work &
Confined Space permits. The site will be tested for LEL, Oz and
H2S at issue of the permits.
C-90 - 16 INCH -WEST ORANGE STREET OPEN CUT BOX SAG -SCOPE OF WORK R1
-4-
T
2.3.9 The contractor is responsible for the selection of a rescue team
or emergency service to provide rescue from any permit required
confined space, if required, as per EPCO Safety Procedure.
3 GENERAL
3.7 Each contractor employee that will be performing covered task
shall be qualified to NCCER OQ requirements, as specified in Title
49 CFR Part 195 Subpart G.
3.2 Any additions to or deletion from the project scope will require prior
approval by the TEPPCO Project Manager.
3.3 Any extra work that adds cost to the project will require prior
approval by the TEPPCO Project Manager.
ATTACHMENTS:
^ Cost Estimate Attachment "A"
^ Overhead Allocation Sheet Attachment "B"
^ Project Drawings
TEPPCO ENGINEERING STANDARDS & GUIDELINES:
^ EGS 0910 "Underground Hazard Identification Guideline"
^ EGS 6040 "Modification of Pipeline Facilities & Equipment"
^ TEPPCO Welding Procedures
611-62
611-63
EPO 15-06
SAFETY PROCEDURES:
^ Enterprise Products Company Contractor Safety Manual
C-90 - 16 INCH -WEST ORANGE STREET OPEN CUT BOX SAG -SCOPE OF WORK R1
-5-
d
E-+
yC
W
L
V
W
Z
O
z
W
H
w
W
W
~ Z
Q ~
~ O
K ~
0 ~
m W
F-
~ ~
V o
Z ~
a c~
0 _Z
w~
z~
J
W
a O
~ ~
W Z
0 W
~ W
U U
~g
r
0
U
Q
00
J
O
w
~_
'~
V
w
d
d
Q
w
Y
H
Z
O
U
a
NO
Q
m
O
>~
Q>
Y fQQ~
~w
LL ~
O
F- ~
~ Z
W ~
~O
~: U
w
~~
~ O
W
C~ op
~ Z
og
~~
(/1 Q
w
~~
w
Z
W
C~
W
w
a
0
N
000000
~ N o 0 0 0 o O
~--N OOOO N
~ M CO O N I~ Q>
N t~ 00 N M M
Q N~ ~ N r
N r ~
~ ~ ~ ~ ~ ~
(O f~ OOO W
W cyoooo F-
v ~rnoooi Q
o ~ ~ ~ o ~
~ ~ ~ rn ~ ~~
d N ~ (/~
~Et?tAtfsb4 W
J
w w U U U W
~ w W Q Q Q ~
F u-wwww a
a a
N ~ ~' N N O
~ F
Z
d
H
J D
o~~c
W
a
w
o ~
~ m
Q
O ~
w x Q
W W ~ U
~ ¢ n. o
~ m Q ~
W ~ N ~ ~
a Q J N J
~S U ~ M d
mmQXo
lL LL ~ ~ w
~~WOa
ww~°n,~
N N --Q
XXivo\
~iiMX~
Q Q O O
~ ~ N
O N ~ W U`
~ M ~ W Z
D ~ ~ Z
O O 0 O ~
mi~z~0
`. ~ m ~ ~
~ ¢ ~
a a ~ ~ ~
0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0
OOCO000~00~ ~O
O Ln I~ O O~ O O O N O
00 O ~~ CO N 00 ~ N N N
M r p~
r T
ffl Ff} f~ ~ ffl f{~ f{~ ~ ff} f~ ~
W
a
~~~~ ~
H
Q Q.' Q Q Q Q Q Q W
~ 2 ~ ~ D E W 0~
w
Ocfl~NCO~c~ M
~~~r- ~ a
d
~ ~
~~ ~
O
0 2 ~ ~ ~ ~ D Q
0 0 0 0 0 0 O J
~ ~-- O ~ O f~ O ~ (n
rn .- ~ ~ v ~n o r~ ~
~ ~
U
H
Z
O
J
H
O
_ H
U
Z
W Z
~- ~ .-. O
Z ~- ~ ~
W Z ~ W
a~a ~
H
~ W ~ Z
C~z~ w
~a~ ~
~~
~}t- Zw
W
m ~ Z ~
`-'}W 00
p ~ Q U Q
U~ Q ~ J w U
~O~ z~>>
Z U O ~ w w w
~~1-H ZU~Y
U~~ w~~ O~ z U
wz~~ww~Qw~
zOc~i~QZ~w~O~
a o 0 0 z w~ O~ Q
a z U~ w o?~ z>
OyC
H
o~
z
00 0
~ ~
01 ~
M 00
N O
~ ~
W ^
a 0°
~ ~
w ~
a' 2
O Q
~ ~
U ~
a
z N
O
V
~ N
J
g @)
~ c
W Q
Q W
~ ~
Q >
O ~
H
0
O
O
N
W
N
W
a
N
W
H
v
w
7
O
a
J
F
O
H
m
z
w
x
Q
Z
O
Z
d
X
W
H
W
W
H
W
C7
~ Z
Q ~
N O
X ~
O ~
m W
H ~
~ ~
V
w~¢
a C~ p
O?~
Z W
d ~ Y (n
a~g~x
~ Wp} °o
p U W Z a
~ pp
~ ~ ~ p
O
rn~wa N
Qwc~n~
CD ~ W ~
~ W Z m
J (n ¢ ~
O d O J ~ \
d ~ u~
~ ~ Q C N
~ `r'~aoo
w
x
a
w
Z ~
~ V U
~ as
Z
W
O
y N F
O to ~
W
U Z m
O fn ~o
Q m °o
~ N
Z
W W O
~ H W
Via'' O ~ m
W CO V N COT
~ M O N O T h
CO W N CO T W OD W M O n O W
~ T~~ O r N f~ O CO ~ CO CO M
r
J CV N 00 N ai
Q IA IA ~~ O off
O J ~ 1~ In ~ N M c0 ~ ~ V ~
Q CO O O ~ W W T M M h~~ N
OD
~r WopM N ~ OQ~TMr O V rrf~r N
~ N r M 00 ~ Q~ I~ M CO r r ~ r N
g g
o o
~~~~~ ~ ~~~~~~~~~~~~~ ~
~
Z OO T CO I~ M
M ~
Z Cn N N T f~ ~ ~ ~n v co
M~
n
W COO ~~
V M O M Cp O O
a W T I I~ LL) ~ W r T
O
(,) CO M 0 0 0 0 O A N T T
N
~ O O O O O
W O O O O O r
O ~ O r O O r 0 0 0 0 r
W O O O O O O O O O O O O OD
O
a a
N
W ~
w
~ ~
~ ~
~
w
~ w
J_ W
V Q
~ LL N
m a ~ a
g o ~ o
~ U ~
w ¢
~ ~
F 0~
O
X d C7
z ¢
~
~ _
xs cn Q
~ ~ w
w z
> U ~ ~
~ >Q~ p~ ~~~ h¢-
dw W ZH- Z HOZ W OQ W
y~ Z W~ W N W~ ~~~ ~~ W Z
c?cWj~~va cw.~z~Qa¢v oaw ~
2
~LL.~F-L~~
~
~ iW~S> >
> ¢ W ~~~
z
W
~
u.
~ w o
? ~
a
0» O X a w
z
oOw
yo ~LLO~O=a~LL¢~~w
J w
U Q
LL N
C
I
I
I 1
i
i I
_i
1
i
I
I
I
~ I
- ~ ~
~
l
}
- _ k
Z ~I
_-~
~,
''
2
~o
~m -
k 1
~
m
o
,
y
n
I
I ~
m
m
O
~
O
{
i
I
i
I
-
- - 0
I
l
-
-
I
i.
's:
_ ~
~m
!~Z
`^ o I
~I
I 1
--
i
x
m~
- I
I-
I
I
i
I
I
i
~I
m
0
U
0 1/09 /07 ISSUED FOR CON57RUC710N ,IRS RWL iN5 ~ n
i i
No. oa 7c REVIS~a + oawN cnx'o aaa.o ~ " '' "
pm cm
~
~ z a,
+ m
ON ON
7n 2 to
o ~ ~
Qi
~O ?,_
O
_
~
s ~ A ~ UO
i
v 'I~~~~I ti ~o
~ ~
~n
_ ~
~~m2
~ ~ 2~
o~
Z ~ U
~ V1
~
m n on
(7D A~
OZDp\
OZ
* o ~~
vl
A
C ,~ ~
oti
~AmO
ONx V ~ ~
~
~
O
~~~
A
Dmm~ ~ , ~
~ A
m
i
~
N ~
O ~ O
C7 ~
I
O
ran nccnil ron _ wccr naa nrr~\Fwnr1('nni-n1 (in.310R.09:50:5I) (i=32)
IM
C~J
G~
WEST ORANGE ROAD