HomeMy WebLinkAboutPR 23570: AUTHORIZING THE CITY MANAGER TO ACCEPT THE LETTER OF NO OBJECTION FROM SHELL PIPELINE COMPANY, LP City of
urt rthu� _
Texas
www.i thurTx.gov
INTEROFFICE MEMORANDUM
Date: January 19,2024
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: John Cannatella, City Engineer
RE: PR No. 23570: Authorizing the City Manager to accept the "Letter of No Objection" from Shell
Pipeline Company, LP, of Houston, Texas, for work associated with crossing their pipeline in
connection with the Stonegate Drainage Improvement Project. Project No. DR1PO4.
Introduction:
The intent of this Agenda Item is to seek City Council's approval for the City Manager to accept the"Letter of
No Objection" from Shell Pipeline Company, LP, of Houston, Texas, associated with crossing their
pipeline in connection with the Stonegate Drainage Improvement Project. Project No.DR1PO4.
Background:
Pursuant to Resolution No. 18-231, the City of Port Arthur adopted the 2018 Disaster Recovery and
Resiliency Plan (DRRP) for recovery activities following Hurricane Harvey. A significant portion of
the DRRP included mitigation planning and investment towards recovery actions that included efforts
to rebuild/repair streets, utilities, public facilities, water, sewer, and drainage. DRRPs mitigation
included identifying areas in the 100-year flood zone and areas that frequently flooded during previous
storms or significant rain events. The City of Port Arthur, as part of the DRRP recovery activities,
identified flood and drainage problems within the community of Stonegate.
Pursuant to Resolution No. 23-561, Port Arthur's City Council approved awarding the Stonegate
Drainage Improvement Project to Brystar Contracting, Inc., of Beaumont, Texas, for the amount of
$18,672,548.00.
The Stonegate Drainage Improvement Project requires crossing a pipeline managed by Zydeco Pipeline
Company, LLC, and owned by Shell Pipeline Company, LP, (SPLC) of Houston, Texas. The City of
Port Arthur(City)was required to secure permission from SPLC to cross pipeline rights-of-way and all
related facilities. The City submitted drawings and construction plans of the Stonegate Drainage
Improvement Project to SPLC for review. SPLC approved the proposed construction provided that the
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
City and its contractors adhere to the terms outlined in Shell's General Requirements for Crossing
Pipelines. To that end, SPLC has issued a "Letter of No Objection" to the City giving permission to
cross their pipeline in order to complete work associated with the Stonegate Drainage Improvement
Project.The City should now execute formal acceptance the"Letter of No Objection"in order to comply
with SPLC pipeline crossing requirements.
Budget Impact:
There is no budget impact associated with the acceptance of the"Letter of No Objection." Project No.DR1 PO4.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR No. 23570 authorizing the City
Manager to accept the "Letter of No Objection" from Shell Pipeline Company, LP, of Houston, Texas for the
approval of crossing their pipeline during the construction of the Stonegate Drainage Improvement Project.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
PR No.23570
1/18/2024 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
A "LETTER OF NO OBJECTION" FROM SHELL PIPELINE
COMPANY, LP, (SPLC) OF HOUSTON, TEXAS, GIVING
PERMISSION FOR THE CITY AND ITS CONTRACTORS TO CROSS
PIPELINE RIGHTS-OF-WAY AND ALL RELATED FACILITIES IN
THE EXECUTION OF WORK ASSOCIATED WITH THE STONEGATE
DRAINAGE IMPROVEMENT PROJECT. FUNDS ARE NOT
IMPACTED. PROJECT NO. DR1PO4.
WHEREAS, pursuant to Resolution 18-231, the City of Port Arthur adopted the 2018
Disaster Recovery and Resiliency Plan (DRRP) for recovery activities following Hurricane Harvey;
and,
WHEREAS, a significant portion of the DRRP included mitigation planning and investment
towards recovery actions that included efforts to rebuild/repair streets, utilities, public facilities,
water, sewer, and drainage; and,
WHEREAS, the community of Stonegate was selected as an area that has experienced
significant flooding due to rain events, flash flooding and drainage related issues; and,
WHEREAS, pursuant to Resolution No. 23-561, Port Arthur's City Council approved
awarding the Stonegate Drainage Improvement Project to Brystar Contracting, Inc., of
Beaumont, Texas, for the amount of $18,672,548.00; and,
WHEREAS, the Stonegate Drainage Improvement Project requires crossing a pipeline
managed by Zydeco Pipeline Company, LLC, and owned by Shell Pipeline Company, LP, (SPLC)
of Houston, Texas; and,
PR No.23570
1/18/2024 mje
Page 2 of 4
WHEREAS, the City of Port Arthur (City) was required to secure permission from SPLC
to cross pipeline rights-of-way and all related facilities and provide drawings and construction
plans for review; and,
WHEREAS, SPLC reviewed the submitted drawings and construction plan and had no
objections to the proposed construction provided that the City and its contractors adhere to the
terms outlined in Shell's General Requirements for Crossing Pipelines, see Exhibit A; and,
WHEREAS, SPLC has issued a "Letter of No Objection" to the City giving permission to
cross their pipeline in order to complete work associated with the Stonegate Drainage
Improvement Project; and,
WHEREAS, approval of PR No. 23570 accepting the "Letter of No Objection" from Shell
Pipeline Company, LP, (SPLC) of Houston, Texas, is herein deemed an appropriate action; now,
therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager of the City of Port Arthur is hereby authorized to accept the
"Letter of No Objection" from the Shell Pipeline Company, LP, of Houston, Texas, for the
approval of crossing their pipeline during the construction of the Stonegate Drainage
Improvement Project in substantially the same form attached hereto as Exhibit B; and,
THAT, funding is not impacted for this project; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
PR No. 23570
1/18/2024 mje
Page 3 of 4
READ, ADOPTED AND APPROVED this the day of
A.D., 2024, at a of the City Council of the City of Port Arthur, Texas, by
the following vote: Ayes: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartle
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION
Licto kcl
al Tizend, Esquire Ron Burton
City Attorney City Manager
PR No.23570
1/18/2024 mje
Page 4 of 4
APPROVED AS TO AVALIABILITY OF FUNDS:
dop
Lynda Boswell, MA, ICMA-CM
Director of Finance
John Cannatella, E
City Engineer
64
Clifto Williams, CPPB
Purchasing Manager
EXHIBIT A
Shell Pipeline Company LP
150 N. Dairy Ashford, WCK A0226
Houston, Texas 77079
SHELL PIPELINE COMPANY LP
GENERAL REQUIREMENTS FOR CROSSING SHELL PIPELINES
WITH PIPELINES/ROADS/UTILITY LINES
We appreciate the opportunity to work with you and your company in the early planning
stages of your development activity.
Working together and following our pipeline safety requirements will help:
• Protect the safety of your employees, the environment and the surrounding
community.
• Reduce the risk of damage to our pipeline and related facilities.
• Ensure an adequate work area for future pipeline maintenance and/or repair
work.
• Enable effective corrosion protection for our pipeline.
• Minimize any conflicts that may arise.
To assist in this effort, project scope along with construction drawings should be
submitted to Shell for our comment/approval before any construction over or around our
pipeline commences. This includes the design and construction of temporary roads or
work pads where equipment is to operate or cross over the pipeline. Plans should
include the three phone numbers listed in item #11 below and have a printed reminder
to notify Shell at least 48-hours prior to commencement of work near the pipeline.
A SHELL REPRESENTATIVE WILL ERECT TEMPORARY FLAGS MARKING THE
PIPELINE LOCATION AND SHALL BE PRESENT DURING ALL ACTIVE WORK
PERIODS AS DEFINED IN ITEM #12 BELOW TO OBSERVE EXCAVATION OR
OTHER CONSTRUCTION ACTIVITIES NEAR THE PIPELINE. ALL SHELL
REPRESENTATIVE ASSOCIATED COST WILL BE REIMBURSED BY THE
PROJECT OWNER AND/OR THEIR CONTRACTOR.
ANY WORK PERFORMED NEAR THE PIPELINE WITHOUT THE PRESENCE OF A
SHELL REPRESENTATIVE WILL NECESSITATE THAT THE PIPELINE BE
EXPOSED FOR INSPECTION AND NEEDED REPAIRS PERFORMED AT THE
CONTRACTOR'S OR RESPONSIBLE PARTY'S COST.
DESIGN AND CONSTRUCTION
1. ALL PIPELINES, UTILITY LINES and other underground facilities constructed
across a Shell Pipeline Company LP ("Shell") owned or operated pipeline ("Shell
Pipeline") must be installed with a minimum vertical separation of 24 inches
between structures. All facilities crossing a Shell pipeline shall be made of, or
encased in, steel pipe with threaded or welded joints the entire width of Shell's
right of way. Horizontal separations will be determined on a case-by-case
basis. Electrical conduit and cables are excluded (please refer to paragraph
2). All work and cleanup will be conducted in a manner acceptable to Shell's on-
site representative.
2. ALL UNDERGROUND ELECTRICAL CABLES shall be installed with a
minimum vertical separation of 24 inches between structures with all plans, work
and cleanup conducted in a manner acceptable to Shell's on-site
representative. The electrical cable must be enclosed in conduit (steel or
Schedule 80 PVC). It should be covered with red reinforced concrete with a
minimum width of 6 inches on each side and above the conduit, for the entire
width of Shell's right of way.
3. ALL UNDERGROUND FIBER OPTIC CABLES shall be installed with a
minimum vertical separation of 24 inches between structures with all plans, work
and cleanup conducted in a manner acceptable to Shell's on-site
representative. Horizontal separations will be determined on a case-by-case
basis. In addition, the fiber optic cable must be enclosed in conduit (steel or
Schedule 80 PVC).
4. ALL PROPOSED ROADS, STREETS, OR DRIVEWAYS shall be constructed
with a minimum cover of 48 inches, including the sub-grade, as measured from
the top of the Shell pipeline to the bottom of the pavement (road, street, or
driveway). If a Shell pipeline will require adjustment to accommodate a roadway,
street or driveway crossing, the cost of any such lowering or relocation shall be
borne by the party or parties requesting the adjustment. With each request
involving roads, streets or driveways, Shell will reserve the right to excavate to
expose and inspect its pipeline(s) to determine the need for pipe replacement,
full encasement, or heavy wall pipe. The cost of this activity will be at the
expense of the requesting party.
PIPELINE MINIMUM COVER REQUIREMENTS
1. 48 inches from bottom of pavement under a road, street, or driveway.
2. 36 inches under all other surfaces within the right of way.
5. ALL ROAD DITCH AND DRAINAGE CANAL/DITCH crossings shall be
constructed with a minimum cover, and measured from the lowest point in road
bar ditch, to the top of pipe, as follows:
1. Concrete lined — 12 inches.
2. Unlined — 36 inches.
Any drainage canals shall be constructed with a minimum of 60 inches of cover
below the ultimate flow line.
6. ALL PAVING (other than for road, driveway or street crossings of a Shell
pipeline, e.g., parking lot) to be constructed over a Shell pipeline shall (a) be
reinforced, (b) not exceed 4 inches in thickness, (c) be sectioned in 10 foot by 15
foot panels (15' dimension shall be perpendicular to the pipeline) with appropriate
expansion joints, (d) contain lifting rings, and (e) conform to the minimum cover
requirements stipulated above.
Shell shall have the right to cut and remove any pavement or other surface
structures now or hereafter located over or across a Shell pipeline, without
any obligation to repair, replace, resurface or dispose of removed material,
for the purpose of exercising any rights granted to Shell under the pipeline
rights of way and easements.
7. TEMPORARY (HAUL) ROAD crossings shall be constructed with a minimum
ground cover (as measured from the surface of the road to the top of the
pipeline) of five (5) feet. A temporary earthen berm may be constructed to meet
this requirement. Where it is necessary for heavy equipment to cross the
pipeline, additional measures may be needed to effectively distribute the weight
of such equipment, for example, installing additional cover, timber matting and/or
a temporary bridge for passage over the pipeline.
8. LAKES OR OTHER BODIES OF WATER shall not be constructed over the
pipeline or within the boundaries of the pipeline easement. Additionally, the
surface cannot be developed or changed in any way that would cause rainwater
or runoff to collect on the pipeline right-of-way.
9. DIRECTIONAL DRILLING OR BORING shall require additional damage
prevention measures, whether installing a crossing or otherwise conducting such
operations within twenty (20) feet of the pipeline. It is Shell's option whether
peepholes or sheet piling be installed to an elevation lower than the pipeline,
before drilling/boring to help ensure its protection. Shell requires continuous
tracking of the drilling head as well as using a physical technique (such as
probing) to ascertain the exact location of the head before it crosses the Shell
pipeline. Shell may also require that the pipeline be exposed when near
drill/bore entry or exit points.
10.If Shell determines it is necessary to lower, encase or otherwise adjust a Shell
pipeline because of the landowner's (developer, etc.) construction activity, the
landowner or developer shall reimburse Shell for the cost of lowering,
encasement or other adjustment.
COMMUNICATION AND ADDITIONAL REQUIREMENTS
11.Please notify Mr. James Lawrence, ROW Supervisor, at (832) 337-6056, of
Shell's Maintenance Department in Pasadena, Texas at least 48 hours prior to
commencing any excavating or construction activity in the vicinity of any Shell
pipeline. Excavators are required by law to contact the appropriate One-Call
Center for their state prior to commencing excavation or other such construction
activity, which may impact an underground facility.
For State of Texas, call the One-Call Notification Center, at 811
If you are unable to contact the above Shell representative, contact the Pipeline
Control Center, and the information will be relayed.
Pipeline Control Center
24 Hours
1-800-852-3602
12.No excavating or other construction activity that could impact the pipeline (e.g.,
directional drilling, boring, sheet piling, setting trench boxes, etc.) shall be
conducted within ten (10) feet of any Shell pipeline in the absence of a Shell
representative. Notice shall be given to Shell at least forty-eight (48) hours prior
to commencing each occurrence of construction activity within ten (10) feet of
any Shell pipeline.
13.Any contractor, developer, etc., planning blasting operations within 500 feet of
any Shell Pipeline shall submit a blasting plan to Shell for approval. This plan will
include hole depth, diameter, spacing, burden, delay times, maximum charge
weight per delay, sequence, explosive type and blast zone location relative to the
Shell pipeline. Under NO circumstances will blasting or seismic shot holes be
allowed within one hundred (100) feet of any Shell pipeline.
14.No signs, monuments, building, structures, manholes, shrubbery, or trees shall
be located within a Shell right of way and easement area so that the pipeline can
be maintained without damaging these structures or being impeded by them.
15.No excavations shall be made on land adjacent to any Shell pipeline which will in
any way impair, withdraw lateral support, cause subsidence, create the
accumulation of water, or cause damage to the Shell pipeline or right of way.
16.No fence shall be placed across a Shell right of way without written permission
from Shell. If fences are permitted, 14-foot gates must be installed on the right of
way.
17.Side cutters shall be removed from the bucket of excavation equipment, and a
bar shall be installed across the teeth during excavation in the vicinity of any
Shell Pipeline.
18.No paving is to be placed over any Shell right of way without written permission
from Shell.
19.Any damage to existing Shell Pipeline markers and/or signs, test leads, vent
pipes, fences, gates and/or any other associated pipeline apparatus resulting
from any construction operations shall be repaired to Shell's satisfaction or
replaced at the sole cost and expense by the damaging party within 15 days after
the damage has occurred.
20.All written requests should be supported with plans and forwarded to:
Shell Pipeline Company LP
ATTN: Bryson Perdasofpy — Encroachment Specialist
Phone: 1-800-438-7752
SPLC-Encroachments(a?shel l.com
Physical 150 N. Dairy Ashford
WCK A0226
Address: Houston, TX 77079
EXHIBIT B
IC)
Shell Pipeline Company LP
Land and Permitting Dept.
150 N. Dairy Ashford
WCK A0226
January 9, 2024 Houston,TX 77079
Tel 1-800-438-7752
Email SPLC-Encroachments@shell.com
City of Port Arthur
Via e-mail attachment
Hello,
Note: Zydeco Pipeline Company LLC is a wholly owned subsidiary of Shell Pipeline Company LP. Shell Pipeline
is Operator of the Pipeline.
THIS PERMISSION LETTER SHALL BECOME NULL AND VOID UNLESS IT IS
EXECUTED AND RECEIVED BY SHELL PIPELINE COMPANY LP WITHIN THIRTY
(30) DAYS FROM THE ABOVE DATE.
Jefferson County, Texas
Zydeco Pipeline Company LLC
Erath-E. Houston 20" Crude Oil ROW 36
City of Port Arthur Stonegate Improvement
INQ-18279
Thank you for contacting and providing Shell Pipeline Company LP ("SPLC"), on behalf
of City of Port Arthur ("Port Arthur"), with a drawing(s) of the location where you will be
crossing SPLC's pipeline captioned above. SPLC has reviewed the
drawings/construction plans and has no objection to the proposed construction,
provided that, Port Arthur, and its contractors (collectively "OWNER"), adhere to the
following terms and conditions:
INQ-18279 Page 1 of 4 ROW: 36
1. All SPLC pipeline crossings shall be conducted at a 90 degree angle
(perpendicular to the pipeline).
2. Air bridging using crane mats must be employed for any pipeline crossing
with wheeled equipment.
3. All work performed pursuant to this letter shall be undertaken at the sole
risk and expense of OWNER. During construction of the above proposed
project, workdays shall be limited to (10) Hours per day, Monday through
Friday.
4. OWNER, its agents, contractors and subcontractors, will coordinate its
construction work with Bryson Perdasofpy at 832-258-1104 and the
Texas811 at 1-800-344-8377 or 811 at least 48 hours prior to
commencing construction so that a SPLC representative may be present.
5. No excavation or other construction activity shall be conducted in the
vicinity of the SPLC's pipeline in the absence of a SPLC representative,
unless the SPLC representative has advised that he/she does not need to
be present.
6. No ground cover shall be removed within the right-of-way area except as
permitted by SPLC's Operations 86 Maintenance representative.
7. No heavy equipment will cross or work over SPLC's pipeline without the
prior consent of SPLC's on-site representative.
8. OWNER shall maintain adequate insurance, including third party bodily
injury, commensurate with the activities contemplated herein. All such
insurance policies shall be in form, and issued by companies with a
Best's rating of A:VII or better, as reasonably satisfactory to SPLC.
9. TO THE EXTENT ALLOWED BY THE LAW OF THE STATE OF TEXAS,
OWNER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS SPLC
ITS AFFILIATES, AND OTHER RESPECTIVE OFFICERS, DIRECTORS,
SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, LESSORS,
TENANTS, CUSTOMERS, ATTORNEYS, BROKERS, CONSULTANTS,
AGENTS, REPRESENTATIVES,AND THE SUCCESSORS AND ASSIGNS
OF EACH OF THE FOREGOING AGAINST ANY AND ALL CLAIMS,
DAMAGES, DEMANDS, LIABILITIES, LOSSES, COSTS, EXPENSES,
(INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS'
FEES AND COURT COSTS), AND SUITS (COLLECTIVELY,
"DAMAGES") FOR INJURY OR DEATH OF PERSONS OR DAMAGE TO
PROPERTY, NATURAL RESOURCES, SOIL AND GROUNDWATER OR
THE ENVIRONMENT CAUSED BY OR ARISING OUT OF: (1) ANY
NEGLIGENT ACT OR OMISSION OR WILLFUL MISCONDUCT OF
OWNER OR OWNER'S REPRESENTATIVES, AGENTS, EMPLOYEES,
INQ-18279 Page 2 of 4 ROW: 36
CONTRACTORS, OR SUBCONTRACTORS ("OWNER PARTIES"), (2) A
VIOLATION OF ANY APPLICABLE LAW BY ANY OF THE OWNER
PARTIES, OR (3) THE INSTALLATION, OPERATION, MAINTENANCE,
OR EXISTENCE OF OWNER'S [UTILITY LINES/PIPELINES/BRIDGES]
OR RELATED FACILITIES OR THE (4) EXERCISE OF ANY OF THE
RIGHTS AND PRIVILEGES HEREIN GRANTED, EXCEPT TO THE
EXTENT CAUSED BY SPLC'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT. THE TERMS OF THIS SECTION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT.
10.Unless waived by this letter agreement or unless instructed otherwise by
SPLC's on-site representative, OWNER, its agents, contractors, or
subcontractors will observe Shell's General Requirements for Crossing
Pipeline(s) (attached).
11.If SPLC incurs or suffers any expense, damage or loss as a result of the
construction of the above proposed project or with the crossings in
SPLC's pipeline right-of-ways and all related facilities, OWNER shall
reimburse SPLC for all such expenses, damages and/or losses.
12. Upon termination of this Agreement, OWNER agrees to remove all
equipment from SPLC's right-of-way. OWNER also agrees that it will not
permit any liens, encumbrances or charges to attach to SPLC's right-of-
way. In the event any such lien, encumbrance or charge attaches to
SPLC's right-of-way, OWNER shall immediately discharge same and
indemnify, hold and release SPLC.
Please indicate OWNER's acceptance of the above by having the proper authority date
and sign this letter in the spaces provided and return it to my attention at the above
address. By execution of this agreement, the signatory confirms that he/she has the
right, title, and capacity to sign the agreement.
If you have any questions or need any additional information, please call me at
570-972-8178.
Sincerely,
Ekaterina Slozina
Ekaterina Slozina
Encroachment Specialist
As Agent for Zydeco Pipeline Company, LLC
Attachment
THE ABOVE TERMS AND CONDITIONS, ACCEPTED AND AGREED TO
THIS DAY OF 2024.
INQ-18279 Page 3 of 4 ROW: 36
OWNER:
BY:
TITLE:
INQ-18279 Page 4 of 4 ROW: 36