Loading...
HomeMy WebLinkAboutResolution - 2001-R0094 - Gas Facilities Relocation Agreement With ONEOK Westtex Transmission, Inc. - 03/22/2001Resolution No. 2001-R0094 March 22, 2001 Item No. 26 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an agreement for gas facilities relocation in conjunction with the Marsha Sharp Freeway railroad relocation project, by and between the City of Lubbock and ONEOK WestTex Transmission, Inc. and related documents. Said agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of March '2001. VaNDY �&T' MAYOR ATTEST: Rebecca Garza, City Secreta APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Xgent APPROVED AS TO FORM: Linda Chamales Supervising Attorney gs:l:/ccdocs/ONEOK WesTex Transm.res March 12, 2001 Resolution No. 2001-R0094 March 22, 2001 Item No. 26 AGREEMENT GAS FACILITIES RELOCATION CITY OF LUBBOCK LUBBOCK COUNTY ONEOK WesTex Transmission, Inc., a corporation, hereinafter called "ONEOK," owns and operates several pipelines within the construction limits of the referenced project near or in, the City of Lubbock, Lubbock County, Texas. City of Lubbock, Texas, a municipal corporation, hereinafter called "City," has requested ONEOK to relocate certain facilities to accommodate the proposed construction of the City's project; The facilities to be relocated include a 6" pipeline referred to as 284-000 and Crossing Identification No. 14; a 4" pipeline referred to as 282-000 and Crossing Identification No. 25; a 10" pipeline referred to as 280-000 and Crossing Identification No. 70; and a rectifier and groundbed on pipeline 284-000 (the "Facilities"). ONEOK proposes to install and relocate the Facilities in substantial accordance with the attached plan sheets (3 pages) and the attached cost estimates (4 pages). ONEOK is willing to relocate the above mentioned Facilities subject to the terms and conditions of this Agreement; ONEOK will perform the relocation of the Facilities in accordance with all applicable statutes, laws, rules, and regulations, and in a good and workmanlike manner with such materials as will conform to all applicable pipeline construction requirements now imposed by the U.S. Department of Transportation and all applicable state and local regulations and ordinances relating to such construction. ONEOK will acquire all required right-of-ways for the relocation of the Facilities. City agrees to reasonably cooperate with ONEOK to make application for and obtain all necessary permits, licenses or grants of any nature whatsoever required or imposed by any government body or other party with respect to the Facilities to be installed or relocated. City, by accepting this proposal, agrees to reimburse ONEOK for all direct and indirect costs and expenses (including, but not limited to, labor, materials and supplies, handling {260390;}54-20001-04 and storage charges, subcontractors, transportation and equipment, rights -of -ways and damages, preliminary engineering, construction engineering and inspection, permit fees, taxes, and overheads) incurred by ONEOK in relocating and installing the Facilities, up to and limited to the amount of Two Hundred Ninety Four Thousand One Hundred and Fifty Dollars ($294,150). It is now estimated that the direct and indirect costs and expenses are One Hundred Ninety Six Thousand One Hundred Dollars ($196,100). It is understood and agreed that this is solely a cost estimate and that actual costs may be more or less. Upon execution of this Agreement, ONEOK will begin design work, order materials and make necessary preparations to relocate the Facilities. It is estimated that actual construction work will begin approximately four weeks from the execution of this Agreement, but only at such time as ONEOK can obtain the appropriate materials and schedule the relocation work with the appropriate contractors or construction crews. Following completion of the relocation, ONEOK shall submit a final invoice detailing all direct and indirect costs incurred by ONEOK in installing the Facilities. City shall remit to ONEOK, the full invoiced amount, which in no event shall exceed Two Hundred Ninety Four Thousand One Hundred and Fifty Dollars ($294,150), within thirty (30) business days after receipt of such invoice. At any time within six (6) months after completion of the installation of the Facilities, City may request verification of all costs in connection with the relocation of the Facilities. ONEOK by agreeing to or by abandoning, relocating, or modifying any of its Facilities pursuant to this Agreement shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the time of the execution of this Agreement under valid and subsisting private right-of-way easements granted to, obtained by or through condemnation, or otherwise vested in ONEOK unless ONEOK shall have released same by written instrument. All Facilities relocated by ONEOK will continue to be owned and operated by ONEOK. Any changes made by City to this proposal as submitted by ONEOK shall be subject to the written acceptance thereof by ONEOK before there is any binding contract between the parties. City, by accepting this proposal, warrants that it now has or will have sufficient unencumbered funds with which to pay the relocation costs as herein provided. If this proposal is not accepted by the City within one (1) year from the date of this Agreement, this proposal shall automatically terminate and thereafter shall not be subject to acceptance by the City unless the proposal is reinstated by ONEOK. {260390;}54-20001-04 2 ONEOK respectfully requests that the City agree to the terms of this proposal by signing in the space provided below and returning one executed copy to us. Dated: 04 O R ONEOK WESTEX TRANSMISSION, INC. By: Greg A. illips Vice President -Engineering and Operations -Texas Region THIS PROPOSAL IS ACCEPTED, APPROVED AND ADOPTED by the City Council of the City of Lubbock this 22nd day of March , 2001. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Agent APPROVED AS TO FORM: Linda Chamales Supervising Attorney {260390;}54-20001-04 3 CITY OF LUBBOCK A MUNICIPAL CORPORATION M or WINDY SITTON