Wood River/Carmel136th Roundabout
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APPROVED AS TO FORM BY ~
PIPELINE RELOCATION REIMBURSEMENT AGREEMENP
12-inch Pipeline Relocation
136TH STREET ROUNDABOUT - CARMEL, HAMILTON COUNTY, IN
THIS AGREEMENT made and entered into this ~ day of rn~ ,2006;
by and between The City of Carmel, having an office at One Civic Square, Car el, Indiana,
46032 hereinafter called "Carmel"; and Wood River Pipe Lines LLC, having an office at 5002
Buckeye Road, Emmaus, Pennsylvania 18049, hereinafter called "Wood River";
WITNESSETH:
WHEREAS, Wood River owns and operates a twelve-inch (12") pipeline which traverses
property in Section 26, Township 18 North, Range 3 East, situated in Hamilton County,
Indiana; said property being subject to an easement held by Wood River and;
WHEREAS, Carmel plans to construct a roundabout through the aforementioned property
and such roadway will require the relocation of Wood River's twelve-inch (12") pipeline;
NOW, THEREFORE, in consideration of the parties' respective obligations hereunder, the
parties, intending to be legally bound, agree to the following:
1. Relocation Project: Wood River agrees to relocate the existing twelve-inch (12")
pipeline for the purpose of accommodating Carmel's proposed property improvements
in accordance with Wood River's design and specifications and with all applicable
requirements of state and federal iaw, subject to the further terms and conditions of this
Agreement. Wood River shall cause such relocation to be completed provided the
following conditions have been fulfilled: [i] Carmel shall provide to Wood River, its
contractors or agents sufficient property improvement plans and details which provide
sufficient data for Wood River to develop its pipeline relocation plans in accordance
with Wood River's typical pipeline installation specifications; [ii] Carmel shall provide to
Wood River, its contractors or agents, professional land surveying services for Wood
River to develop its design and perform construction; [iii] Carmel has satisfied the
Obligation to Reimburse Relocation Costs referred to in Paragraph 2 below;
2. Wood River has estimated the total project costs at $452,396. Reimbursement shall be
made in two payments as follows: [i] The first payment being 50% of the estimate total
project costs which is $226,198 due at the execution of this Agreement; [ii] The second
payment being the balance for the work performed under the Agreement due at the
completion of pipeline relocation project. At that time, Wood River shall tally the costs
for the work under the Agreement and submit an invoice to Carmel for the balance.
Carmel agrees to pay said invoice within 30 days of receipt;
3. Bids/Contracts. for Relocation Proiect: Wood River reserves the right to select the
contractor of its choice to perform the pipeline relocation work;
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4. Existinq Pipeline: Wood River's existing pipeline shall be removed from the property
and disposed of by Wood River. Any monies received from such disposal shall be
credited to Carmel's account;
5. Abandonment: Should Carmel for any reason determine to cease or change its
roundabout plans such that the continuance of this pipeline relocation project as
originally planned is not necessary or if there is a material change in conditions, then in
any such event, Carmel shall notify Wood River in writing. Subsequently, Carmel and
Wood River shall determine whether to complete or terminate this pipeline relocation
project. Following such determination, Wood River shall terminate or complete the
project, as required, and upon such completion or termination, the provision of
Paragraph 2 herein shall remain intact and be in full force and effect. In the event of
termination, any pipe, fittings, or appurtenances purchased by Wood River and not
used for this pipeline relocation project shall become the property of Wood River and a
credit issued for the same to Carmel's account;
6. Covenants to Run with Land: The rights and covenant herein contained shall be
binding upon and inure to the benefit of the parties hereto and their successors and
assigns;
7. Schedule: Upon execution of this Agreement, Wood River agrees to complete the
relocation of its twelve-inch (12") pipeline within five (5) months following the date of
execution (provided reimbursement as per Paragraph 2 above is made in a timely
fashion). Factors beyond the control of either party (including, but not limited to,
inclement weather, rock removal, etc.) may cause delays to the project's schedule.
Such delays are considered reasonable and normal and shall cause no penalty to either
party. Also, because Wood River is a service-oriented company, its product
transportation schedule takes precedence over the schedule of the purge and tie-in of
the relocated pipeline into the existirig pipeline. Every effort will be made to schedule
downtime of the active pipeline for the tie-in of the relocated pipeline once the. relocated
pipeline is complete; however, Wood River shall bear no penalty or costs if downtime
conflicts with Carmel's property improvement schedule. Carmel shall bear the cost of
contractor(s)' downtime charges associated with such scheduling conflicts, if any;
8. Additional Requirements: Carmel, its successors or assigns, shall satisfy the-additional
requirements as shown on Exhibit "C". Failure to satisfy the requirements directly
related to the execution of this pipeline relocation project may result in delays to the
project schedule.
9: Easement: Easements to provide for the 12-inch pipeline's relocation route shall be
acquired by Wood River. The cost for such acquisitions (labor, consideration,
recordation, title & survey [if not provided by Carmel]) are part of this Agreement. Any
and all pipeline relocation easement agreements will include a provision. for the location,
operation, maintenance, etc., of'an eight-inch (8") pipeline in the event Wood River
reactivates its eight-inch (8") pipeline at some point in the future.
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IN WITNESS THEREOF; Carmel and Wood River have caused this Agreement to be
executed by their proper officers, effective as of the date and year first above written.
WITNESS:
CITY OF CARMEL
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STATE OF /rui<..ana )
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COUNTY / (Hnl(/1Jv )
On this / .7k. day of · iPf ti.<.f" . 2006, before me, a Notary Public,
personallx came n1 o.r':JAnr'1 &r'l<..... as Mtmb-er and ."\,"
Lw~ LtJ4{sJm. y as 1l"1Un~ of City of CamieLto-ni~ >~~
known, who, being duly sworn, did depose and say that they executed the foregoing"' ,:,;.,\t.. "
instrument and that they signed their names as authorized and empowered ag~nt~'of anq.for ~: n :.
the company described herein and for the purposes herein set forth, ~: ';/::-'l;':::
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WOOD RIVER PIPE LINES LLC
A Delaware Limited Liability Company
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prin:UJ:Jbj 'fYI. L-e-hrrulIJ
Roy aase} Jr.
Assistant Secretary
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COUNTY OF Lehigh
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STATE OF Pennsylvania
On this g-iJ-. day of ~, 2006, before me, a Notary Public,
. personally came Roy R. Haase, Jr. as Assistant Secretary of Wood River
Pipe Lines LLC, to me known, who, being duly sworn, did depose and say that he executed
the foregoing instrument and that he signed his name as an authorized and empowered agent
of and for Wood River Pipe Lines LLC, a Delaware limited liability company, described herein
and for the purposes herein set forth.
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COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joy M. Lehman, Notal}' Put>k:
Emmaus Bom, Lehigh County
My Commission Expires Sept. 13, 2009
Member, Pennsylvania Association of Notaries
THIS INSTRUMENT PREPARED BY: Stephen C. Muther, Esq., Buckeye Pipe Line Co., LLC, 5002 Buckeye Road, Emmaus, PA 18049
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EXHIBIT "A"
WOOD RIVER PIPE LINES LLC
OUTSIDE SERVICE COSTS
COST ESTIMATE FOR THE
RELOCATION OF 12-INCH PIPELINE TO ACCOMMODATE
136TH STREET ROUNDABOUT
CARMEL, HAMILTON COUNTY, INDIANA
May 1, 2006
PRELIMINARY ENGINEERING SERVICES
$
48,750
ENGINEERING CONSULTANT
CONSTRUCTION SERVICES
$
26,250
ENGINEERING CONSULTANT
PIPELINE CONTRACTOR
Lay t 720' of 12" Pipeline
Hydrotest pipe
Assist with Nitrogen Purge
Tie-in
Remove old pipe
Clean up
Cathodic Protection
Contract Inspection
ROW Fees and Damages
Hydratest Water Disposal
Nitrogen Contractor
Vac Truck Service
Pipe, Removal.} Grouting
Radiography
TOTAL OUTSIDE SERVICES
MA TERIALS
$
141,805
$
$
$
$
$
$
$
18,200
25,000
5,250
25,000
4,344
16,000
12,000
273,849
322,599
Line Pipe, 12.75" dia, 0.375" W.T., Coated, t 800'
Pipe Bend, Factory Cold Bend Elbow, 12" Dia, 0.500" WT.
Miscellaneous Valves, ~ittings, and Materials
TOTAL MATERIALS
ESTIMATE TOTAL "A":
$ 47,791
$
$ 12,000
$ 59,791
$ 382,390
EXHIBIT "B"
WOOD RIVER PIPE LINES LLC
INTERNAL LABOR AND EXPENSE
.COST ESTIMATE FOR THE
RELOCATION OF 12.INCH PIPELINE TO ACCOMMODATE
136TH STREET ROUNDABOUT
CARMEL, HAMILTON COUNTY, INDIANA
May 1, 2006
PRELIMINARY ENGINEERING
BUCKEYE PIPE LINE CO. - MANPOWER
Engineering
Right of Way Department
Operations
BUCKEYE PIPE LINE CO. -- EXPENSES
Engineering
Right,of Way Department
Operations
$ 5,769
$ 1,950
$ 2,138
$ 9,856
$ 8,346
$ 18,203
$ 2,925
$ 1,500
$ 750
$ 5,175
$ 750
$ 24,128
1,578
$ 25,705
Internal Labor Overhead:
BUCKEYE PIPE LINE CO..- EQUIPMENT
Pick Up - Operations
Administrative Overhead: 6.54%
TOTAL INTERNAL LABOR AND EXPENSES
CONSTRUCTION ENGINEERING
BUCKEYE PIPE LINE CO. -- MANPOWER
Engineering
Right of Way Department
Operations
$ 3,106
$ 1,300
$ 12,113
$ 16,519
$ 13,988
$ 30,507
$ 1,575
$ 1.000
$ 4,250
$ 6,825
$ 4,250
$ 41,582
2,719
$ 44,301
$ 70,007
$ 452,396
Internal Labor Overhead:
BUCKEYE PIPE LINE CO. -- EXPENSES
Engineering
Right of Way Department
Operations
BUCKEYE PIPE LINE CO. -- EQUIPMENT
Pick Up -- Operations
Administrative Overhead: 6.54%
TOTAL INTERNAL LABOR AND EXPENSES
ESTIMATE TOTAL "8":
ESTIMATE TOTAL FOR PROJECT:
EXHIBIT "c"
WOOD RIVER PIPE LINES LLC
ADDITIONAL REQUIREMENTS FOR THE
RELOCATION OF 12-INCH PIPELINE TO ACCOMMODATE
136TH STREET ROUNDABOUT
CARMEL, HAMILTON COUNTY, INDIANA
MAY 1, 2006
1. The pipeline installation work will be accomplished via standard trenching unless
horizontal, boring is required by right of way restrictions. Horizontal boring is included in
the estimate.
2. The grade cut and fill and culvert installation necessary for construction of the proposed
roundabout will be completed by the City of Carmel prior to start of Buckeye's pipeline
relocation work.
3. One crossing of the existing 136th Street roadway will be required and includes removal
of a 10 feet wide strip of existing asphalt pavement (no saw cutting and no replacement of
existing pavement).
4. Buckeye's pipeline contractor shall not be required to replace existing features such as
sidewalks or curbing, road pavement or any landscaping features, should removal of any
of these existing features be required for pipeline relocation.
5. No traffic controls are required of Buckeye's pipeline contractor.
6. The new pipe will generally be installed with 4 feet of cover except under the road where
there will be 5 feet of cover to the top of finished pavement.
7. , Buckeye's pipeline contractor will backfill and compact the trenches to existing grade.
8. Carmel's road contractor will not work above the existing pipelines until tie-in of the new
lines is complete and the old pipe is removed or abandoned in place, unless specifically
authorized by Buckeye's field inspector.
9. Buckeye does not have to obtain a separate E&S permit; i.e., Buckeye will fall under the
City of Carmel's road construction permit.
10. There will be no permit fees charged to Buckeye.
11. No allowance above the general contingency has been included in the estimate (see
Exhibits A and B) for unforeseen conditions such as rock, contaminated soils,
groundwater, etc.
12. The schedule is based on the line pipe and fittings required for the relocation are in-stock
at the time of procurement. If they are not in-stock, then typical lead times for this
material range from 6 weeks to 20 weeks depending on the steel mill. This will increase
the project duration beyond the estimated five (5) months.
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BUCKEYE PARTNERS, L.P.
VIA OVER NIGHT MAIL AND
FAX 317-571-2439
5002 Buckeye Road
Emmaus, Pennsylvania 18049
rei (484} 232-4000
Fax (4841 232-4541
May 8, 2006
Mr. Michael T. McBride, P.E.
City Engineer
City of Carmel Indiana
One Civic Square
Carmel, IN 46013
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RE: Pipeline Relocation Reimbursement Agreement
136th Street Roundabout
Carmel, Hamilton Co., IN
Dear Mr. McBride:
At the instruction of our Relocation Engineer, Mr. Donald Samala, enclosed by fax is a
copy of the above-referenced agreement executed for Wood River Pipe Lines LLC. The original
document is being sent to you in duplicate via overnight mail.
Please put this project on the agenda for the City's meeting tomorrow and have both
original copies of the agreement executed, witnessed, and acknowledged for the City. Return
one fully executed agreement to Mr. Samala at the letterhead address for his records.
If you have any questions, please call Mr. Samala at 484-232-4303.
Very truly yours,
~;e~
Linda E. Conrad
Right of Way Specialist
lec
enclosure
cc: D. G. Samala
Posl Office Box 368, Emmaus, Pennsylvania 18049