HomeMy WebLinkAboutResolution - 2001-R0202 - Agreement To Relocate And Maintain Power Line - South Plains Electric Coop., Inc - 04/26/2001Resolution No. 2001-RO202
June 14, 2001
Item No. 28
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 entitled "Agreement to Relocate
and Maintain Power Line", by and between the City of Lubbock, Texas and South Plains Electric
Cooperative, Inc., and all 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 Council.
Passed by the City Council this 14th day of June 2001.
MNDY SIT , MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right of Way Age
APPROVED AS TO FORM:
Linda L. Chamales
Supervising Attorney, Office Practice
LLC:cp Ccdocs/SoutliPlainsElecCoop-LIA.Res
May 22, 2001
Resolution No. 2001-RO202
June 14, 2001
Item No. 28
AGREEMENT TO RELOCATE AND MAINTAIN POWER LINE
THIS AGREEMENT TO RELOCATE AND MAINTAIN POWER LINE, made
this 14thday of June , 2001, subject to the terms and conditions set forth
herein, between the City of Lubbock, Lubbock International Airport, located at 5401 N.
MLK Blvd, Lubbock, Texas 79403 (herein called "City"), and South Plains Electric
Cooperative, Inc. (hereinafter called "Utility Company")
WHEREAS, the City of Lubbock desires to construct a rail spur to provide access
from Burlington Northern Santa Fe Railroad mainline to the proposed Interport Trade
Center at the Lubbock International Airport; and
WHEREAS, said construction activities will require certain adjustments, and/or
relocation of the existing facilities of POWER LINE; and
WHEREAS, the parties desire to allocate the costs and responsibilities for
relocation of the existing facilities and maintenance of the relocated facilities across and
along the rail spur corridor;
NOW, THEREFORE, the parties hereto, for the consideration hereinafter expressed do
covenant and agree as follows:
1. Subject to the terms and conditions hereinafter set forth City grants permission for
South Plains Electric Cooperative, Inc. to relocate, construct and maintain one
POWER LINE across and along the rail spur corridor at or near rail spur centerline
station 43+50, the location being more particularly shown in Exhibit A and made a
part hereof.
2. This agreement shall be effective June 14, 2001, , and shall continue so long as
City maintains the rail spur facility in this location.
3. South Plains Electric Cooperative, Inc. agrees to acquire all required rights-of-way
for the relocation of the POWER LINE. City agrees to reasonably cooperate with
South Plains Electric Cooperative, Inc. to make application for and obtain all
necessary permits, licenses or grants of any nature whatsoever required or imposed by
any governmental body or other party with respect to the POWER LINE to be
installed or relocation.
4. South Plains Electric Cooperative, Inc. agrees to relocate the POWER LINE in
accordance with applicable pipeline industry and railroad industry (AREMA)
specifications, in a manner satisfactory to City, and without interference with other
structures now in place.
5. City agrees to reimburse South Plains Electric Cooperative, Inc. for reasonable costs
and expenses, incurred in a one-time relocation of the existing facilities, (including,
Utility Relocation & Maintenance Agreement
Page 1
but not limited to labor, materials, and supplies, handling and storage charges,
subcontractors, transportation and equipment, preliminary engineering, construction
engineering and inspection, permit fees, taxes and overheads), which costs have been
estimated to be $ 3, 000.00
a. Should the costs of the work materially exceed preliminary estimated cost,
due to conditions not known or anticipated at the time of the estimate
preparation, and/or substantial change in the scope of work, method of
installation, change in location, or other changes of similar nature have
taken place, South Plains Electric Cooperative, Inc. shall notify City in
writing of such fact and the reasons therefore as promptly as possible and
cease work until advised by the City to continue.
b. Following completion of the relocation, South Plains Electric Cooperative,
Inc. shall submit a final invoice detailing all direct and indirect costs
incurred by South Plains Electric Cooperative, Inc. in installing the
POWER LINE. South Plains Electric Cooperative, Inc. shall maintain
records verifying cost incurred for a period of two years and shall provide
said records to the City for review if requested.
C. If the relocation is not performed in accordance with applicable pipeline
industry and railroad industry (ARMEA) specifications, in a manner
satisfactory to City, or if it is placed in an unsatisfactory location, costs for
adjustments to the relocated utility shall be the responsibility of South
Plains Electric Cooperative, Inc..
d. By agreeing to or by abandoning, relocating or modifying its POWER
LINE pursuant to this Agreement, South Plains Electric Cooperative, Inc.
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 public or private right-of-
way easements granted to or otherwise vested in the South Plains Electric
Cooperative, Inc. unless South Plains Electric Cooperative, Inc. shall have
released same by written instrument. All POWER LINE relocated by
South Plains Electric Cooperative, Inc. will continue to be owned and
operated by South Plains Electric Cooperative, Inc..
6. South Plains Electric Cooperative, Inc. agrees at its own cost and subject to the
supervision and control of City, to maintain the POWER LINE in such a manner and
to construct of such material that it will not at any time be a source of danger to or
interference with the tracks, roadbed or rail corridor of City or the safe operation of
the railroad.
a. South Plains Electric Cooperative, Inc. will perform any maintenance or
repairwork in such a manner to preclude damage to the property of City
and preclude interference with the operation of the railroad spur. After
Utility Relocation & Maintenance Agreement
Page 2
performing maintenance South Plains Electric Cooperative, Inc. shall at its
own cost restore City's premises to their former state and within fifteen
(15) days pay City the entire cost incurred by City in providing flagmen
protection or any other means of protection which, in the judgment of City
may be required during the maintenance of the POWER LINE.
b. South Plains Electric Cooperative, Inc. assumes, and agrees to defend,
indemnify and hold City harmless from and against all loss, costs,
expenses (including attorneys' fees), claims, suits and judgments
whatsoever in connection with injury to or death of any person(s) or loss
of or damage to any property caused by or in any way connected with the
installation, maintenance, use, presence, reconstruction, relocation,
renewal or removal of POWER LINE, except when caused by the sole
fault or negligence of City.
C. When the railroad spur is in active use, South Plains Electric Cooperative,
Inc. will provide or require all contractors employed for any construction,
repair, maintenance, replacement or removal to procure and to maintain
during the course of such work at South Plains Electric Cooperative, Inc.
or contractor's expense, a policy of Commercial General Liability (CGL)
Insurance and Railroad Protective Liability (RPL) Insurance covering
liability assumed by South Plains Electric Cooperative, Inc. under this
Agreement with a coverage limit of not less than two million dollars
($2,000,000) Combined Single Limit per occurrence for bodily injury and
property damage and at least six million dollars ($6,000,000) aggregate
limit during each annual policy period
d. If at any time after being given timely notice, South Plains Electric
Cooperative, Inc. shall, in the judgment of City, fail to perform properly its
obligations under this paragraph, City may, at its option, arrange for the
performance of such work as it deems necessary for the safe operation of
its railroad, and in such event South Plains Electric Cooperative, Inc.
agrees to pay, within fifteen (15) days after bill is rendered therefor, the
cost incurred by City. Failure on the part of City to perform the obligations
of South Plains Electric Cooperative, Inc. shall not release South Plains
Electric Cooperative, Inc. from liability for any loss or damage occasioned
thereby.
7. South Plains Electric Cooperative, Inc. agrees to comply with all federal, state and
local environmental laws and regulations in its use of the rail spur, including, but not
limited to the Resource Conservation and Recovery Act, as amended (RCRA), and
the Comprehensive Environmental Response, Compensation and Liability Act, as
amended (CERCLA).
a. South Plains Electric Cooperative, Inc. will not release or suffer the
release of oil or hazardous substances, or cause the sudden or nonsudden
Utility Relocation & Maintenance Agreement
Page 3
pollution of air, water, land, and /or groundwater on City's rail corridor
arising from or in connection with the POWER LINE or resulting from
any chemical or electronic reaction caused by transmission in or over
South Plains Electric Cooperative, Inc.'s POWER LINE. South Plains
Electric Cooperative, Inc. agrees to assume responsibility for the
investigation and cleanup of such release and shall indemnify and defend
City and it agents for all costs and claims, including consultant and
attorney fees, arising in any manner out of such a release or with South
Plains Electric Cooperative, Inc.'s failure to comply with environmental
laws, except to the extent such costs or claims are proximately caused by
City's gross negligence or intentional misconduct.
b. South Plains Electric Cooperative, Inc. will give City timely notice of any
release, violation of environmental laws or inspection or inquiry by
governmental authorities charged with enforcing environmental laws with
respect to City's rail spur. South Plains Electric Cooperative, Inc. will
also give City timely notice of all measures undertaken by or on behalf of
South Plains Electric Cooperative, Inc. to investigate, remediate, respond
to or otherwise cure such release or violation.
8. This Agreement shall be governed by the Laws of the State of Texas.
9. If any part, section or paragraph of this Agreement is determined to be invalid, illegal,
or unenforceable, for any reason, such determination shall not affect the validity,
legality or enforceability of all other parts of this Agreement.
10. Unless otherwise so designated in this Agreement, the terms and conditions of this
Agreement shall inure to the benefit of and be binding upon the parties hereto and
their respective successors, and assigns.
11. This Agreement is the full and complete agreement between the parties with respect
to all matters relating to the relocation and/or maintenance of the POWER LINE, and
supercedes all other agreement between the parties on this subject.
Utility Relocation & Maintenance Agreement
Page 4
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate on the
day and year first above written.
ATTEST:
Rebecca Garza, City Secret
APPROV TO CONTENT:
Mar le, Airport Director
APPROVED AS TO FORM
Linda Chamales, Supervising Attorney
Utility Relocation & Maintenance Agreement
Page 5
South Plains Electric Cooperative, Inc.
BY Monte L. WolR ott
Director of Operations & Engineering
Resolution No. 2001-R 0202
June 14, 2001
Item No. 28
EXHIBIT A
Resolution No. 2001-RO202
I
I
i
6
�
I
,
PROPOSED 8' FLAT BOTTOM DITCH
WITH 3:1 SIDE SLOPE TO HATCH EXISTING
GRACE FROM STA 38+50 - STA 42+50
FLAT BOTTOM DITCH STARTS 20'
�
PROPOSED CULVERT STA 38+50
FROM TRACK GEMERLME
-------mac-__
.1.✓i / \
3-36' DIAMETER x 29'-Y CULVERTS
-------
ALUMINIZED STEEL TYPE 2. (12 GAUGE)
vu----�--
\
CULVERT
'"
WITH (1.80:1) HEADWALLS -__________-
TRANSMON FROM 1111p�ADDWALL
/ I
I.4
I
SPTROAO�5*00
SLOPE = 0.5% +^'- -
- 2]].57 R.O.W.
TO FIAT BOTTOM OiTCH
I
I 1
I
1 - 4' 115 x RCS
PROPOSED CULVERT 4A
4]+95�-'•
----____ x-�--- --__--s
_----�
` /a
I
US
WTM 6:1 HF 'ALLS
1- 24' DMMTEEL x 27'
'
N -
--_ELEV.
--�
OL OF INDUSTRWL SPUR
/
\
�`
ALUMINIZED STEEL TYPE 2
___�.�
______
/
I
WRH (3:1) HEADWALLS
______________
LEFT DITCH
--------------
1
_
-:_--�°'�___, RIGHT DITCH J
T' `� = 1
DRAT TO i
V
i 8
\\
__ __ __` ��
__ __ __
SUN. - 32]].37
11
'Wr`1``
50' DRAINAGE EASEMENT-�[
/A
\
_ __________
__
________
_
TO PLAYA
_
8' FIAT BOTTOM
�---
I
WITH SIDE SLOPE. OK. MATCH
_
EXISTING GRADE M 220' +/-
G
SLOPE 0.5%
---------------
ALES:
1
=50' HOR
1
2 VER
Lp
EEM�NG UTIUTES TO BE ADJUSTED
By
OTHERS. CONTRACTOR SHOULD
COORDINATE
CONSTRUCTION ACTIVTIES WITH THE OWNER.
VPI STA
47+90
3290
VPI EL =
288.]5
3290
K = 81.5
E = 0.15
+
a
VPI STA
= 38+50
-0.39X
WI EL
3285.25
e
e
F
J
g
CUR 92
EN
50.
TOP OF
INDUSTRIPL
PUR RAIL
N
w
10
a
u
g
+
3285
E 0.
g
"5
O.J9X
--
--
g0
BEON
I STA =
DC ___
_____
______-------------
_
?
a
RIGHT
DITCH
I EL 25
3n
50
STA.
2+5
02
Y/LEN =
100.00
.2
%
--
--�L-
63.55
RIGHT D
H
-
--
_
_
�-
____
w
_
PROPOSED
------
ce SLOPE
3280
4
g
is crsou
o
RwM
CULVERT
o
3280
�- _
3
W OW
LUMIZED 5
rEEL
LE
DITCHa
-
FT SLOPE
0.84X
TY
E 2 CULVE
(12
E)
0
X
_
GHT SLOPE
Ob]%
LE DRC
SLOPE -
VPI
FT DMF
D CULVERT
SSTT43+4
i.75
C
n.
WI
-�
-
-- RIG
DITCHHEADWALL
LEV = 327
.52
V�0
LEFT 0
TCH
STA38+50
O
M
O
d
0 ST3
+50
O ,n
M
O F.L.
32]].S]�
M
O
O\
to
cD
O
O
N UJ
N
W
N
—
N
h
O
N a
N
12!N
r
00
F.LA.=}
]]. 5] a
N N
O)
O
C)
N
n
N
IC!
O)
tr
UJ O0
M M
M
<
N
CO
0
n
N
N 0)
N
l0
M)
M)
.Ui
O
Ui
O
7
O
Q
M
M—
M
M M
N 7
M
N
M
UJ
M
DO
4 TA
a
W
of
m
00
OD
DO
00
DO 0
DO
00
CO
00
0
0
CO
N
0
m N
N 0
00 0
OO
00
N
00
CO
N
W W
CO 00
m
DO
N
N
N
N
N
N
N N
N
N
N
N
N
N
N
N
N
N
N N
N N
N N
N
N
N
N
N
N
N N
N N
N -
N
M
M
M
M
M I
M
M M
M
M
M
M
M
M
M
M
M
M
M M
M M
M M
M
M
M
M
M
M
M M
M M
M
M
36+00
37+00 38+00
39+00 40+00
41+00 42+00
43+00
44+00 45+00
46+00
47+00
48+00
P M,9 m3Cm ,etc
E,mars • k6tects • PMnrmrs
L.b.1 D 1. .1.0 .1.
G
CITY OF LUBBOCK
LUBBOCK
INTERNATIONAL
AIRPORT
RAILROAD SPUR TO SERVE
THE INTERPORT TRADE
CENTER
EDA # 08.49-03071
Reduced
1/2 Scale
Drawing
t/11/bi MX Yl
x. Xa. X.ana,
I"*y gloc LUWIX% Ro}ol Xv N-16%-B)
INDUSTRIAL SPUR
PLAN AND PROFILE
STA. 35+00 TO 49+00
M
6
C04• of 28
k
Resolution
0:2001=R0202
-Ku4uL
00+"
9079c
iW
Q-)
I
13
9079c