HomeMy WebLinkAboutC2008-469 - 12/16/2008 - ApprovedRELOCATION AGREEMENT
WHEREAS, NuStar Logistics, L.P. ("NuStar'~ owns and operates aten-inch (10'~
products pipeline known as the Valley Pipeline pursuant to rights granted under a Texas
Department of Transportation permit dated October 28, 2004 and asix-inch (6'~ pipeline
pursuant to the rights granted under a City of Corpus Christi easement dated June 3, 1965 (the
~~Pipelines'~, both traversing the right of way of FM 763 and Corpus Christi Airport ("Properry~,
respectively, located in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas.
WHEREAS, the City of Corpus Christi ("the City's intends to develop the Property; AND
WHEREAS, the City desires NuStar to relocate the Pipelines for the planned development of
the Property and;
WHEREAS, NuStar has agreed to relocate the Pipelines subject to certain terms and
conditions as set forth in this Relocation Agreement (the ~~Agreement'~.
Now, therefore, for and in consideration of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, NuStar and
the City (collectively the'~Parties'~ agree to the following:
1. NuStar will relocate the Pipelines, the location of which is depicted on the
preliminary survey attached hereto as Attachment lA and 16. The City agrees to
enter into a new Right of Way Easement or amend, modify and restate the
Easement, whichever is deemed necessary for NuStar's future operation and
maintenance of the Pipelines.
2. All costs incurred by NuStar in connection with the relocating of the Pipelines,
including the new Contract or Amendment, shall be the responsibility of the City.
These costs will include expenses incurred in relocating the Pipelines on adjacent
lands as necessary. A detailed Cost Estimate for the relocation project is attached
hereto as Attachment 2. During the relocation work, NuStar will provide to the City
written notice of any amount to exceed ten percent (10%) as set forth in
Attachment 2.
3. NuStar will provide the City approximately 14 days prior written notice of its intent to
initiate the relocation work. Within 7 days thereafter, the City shall make advance
payment to NuStar of the estimated project cost as set forth in Attachment 2. Such
payment shall be delivered via an overnight carrier to:
NuStar Logistics, L.P.
Attention: Right of Way Department Manager
2330 N Loop 1604 W
San Antonio, Texas 78248
Within 7 days after such payment is made and received by NuStar, NuStar shall
commence the relocation work and shall diligently pursue such work to completion.
2008-469
12/16/08
M2008-336
Page 1 of 4
KuStar Logistics
4. Within sixty (60) days after completing the relocation work, NuStar shall provide the
City with a final invoice reflecting the total cost incurred by NuStar in connection
with the relocation project. If the actual costs incurred by NuStar are less than the
amount set forth in Attachment 2, NuStar shall, in conjunction with the delivery of
such final invoice, reimburse the City the difference between the advance payment
(excluding General and Administrative fees) and the actual cost incurred. If the
actual costs incurred by NuStar exceed the amount set forth in Attachment 2, the
City shall, within 30 days of receipt of the final invoice, reimburse NuStar for the
difference between the advance payment and the actual cost incurred. Any monies
paid by the City to NuStar prior to the completion of the relocation work shall be
deducted from the final invoiced amount. On the 31~ day, any outstanding balance
not paid shall begin to accrue interest at the rate of ten percent (10%) per annum.
5. If NuStar should employ an attorney or attorneys to enforce the terms as set forth in
Paragraph 4 through such actions or suits as provided by law, then the City shall be
responsible to pay to NuStar, in addition to damages, all court costs and reasonable
attorney's fees incurred in connection therewith.
6. Upon completion of the relocation of the Pipelines and upon receipt of the
reimbursement of the costs associated with the project, NuStar and the City will
execute the document as required under Paragraph 1.
7. THE CITY AGREES TO HOLD HARMLESS AND UNCONDITIONALLY INDEMNIFY
NUSTAR, ITS EMPLOYEES, CONTRACTORS, AGENTS, INVITEES AND OFFICERS
FROM AND AGAINST ALL LIABILITY, COSTS, EXPENSES, CLAIMS, CAUSES OF
ACTION, AND DAMAGES, TO THE EXTENT PERMITTED BY LAW, INCLUDING BUT
NOT LIMITED TO PAYING THE COSTS OF DEFENCES AND ATTORNEY FEES AS
INCURRED, WHICH NUSTAR MAY AT ANY TIME SUFFER OR SUSTAIN OR BECOME
LIABLE FOR BY REASON OF ANY ACCIDENTS, DAMAGES, OR INJURIES EITHER TO
PERSONS OR AGENTS OF EITHER PARTY, OR OF ANY OTHER PARTIES, OR TO THE
PROPERTY OF THE CITY, OCCASIONED BY, OR IN ANY MANNER ARISING OUT OF
OR FROM, OR RESULTING FROM OR RELATING TO NUSTAR'S RELOCATION OF THE
PIPELINES.
8. The Parties have read this Agreement, understand its terms and conditions, and
have voluntarily entered into this Agreement.
9. This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Texas.
18. TMis-Agreement contains-the entire agreement between NuStar and the City. No--- -
oral understandings, statements, promises, or inducements contrary to the terms of
this Agreement exist as of the date of execution, and no oral modification of this
Agreement shall be effective.
11. This Agreement may be executed in multiple counterparts, each of which shall
constitute an original and shall be binding on NuStar and the City only upon the
execution of a counterpart by an authorized representative of NuStar and the City.
Page 2 of 4
12. This Agreement shall be binding upon and inure to the benefit of each of the
undersigned, their respective successors, assigns and legal representative.
13. Each signatory of this Agreement expressly states that he or she has the authority to
sign this Agreement on behalf of their respective entity, and thereby bind the entity
on whose behalf such signatory is executing this Agreement.
Executed effective as of the day of , 20_.
[signatures and acknow/edgmenls contained on next page)
Page 3 of 4
City of Corpus Christi
'o"
ATTEST: _ v r r •"
ARPkANDb C~ IAPA.
STATE ~s~~"
COUNTY OF NUECES
NuStar Logistics, L.P.
By and through its general partner,
NuStar GP, Inc.
By:
Printed `~me:
Title: V ~ LJl t
A~~ro~ved as to form:
f~• .1~yt Relnl
Flrst Asslsta C
For City Attorney
Bef re m the undersi~`n1ed A ~ Notary Public on this day appeared
i •~sr as ~/blat4ceQ.r,~ of the City of Corpus
Christi, mown to be to be the person ose name s subscribed to the foregoing instrument
and who acknowledged to me that he executed such instrument for the purposes and
consideration herein expressed and as the act of such corporation.
Given under my hand and seal of office this ~ day of ~'P~1~L~1Ll~ , 20~.
e~ coaACn ~ I ~
>;Iecl~r~m b'
STATE OF TEXAS
COUNTY OF BEXAR
~~~~ I,~N•~i~
Notary Public in and for State of Texas
FgLLYFpUOFIrON
MY COMA118310N EXPIRES
L SBpMII~ber24,2012
J ~ efQre~m~~ the un~rsilg~ned~ N~t~ry Public on this day appeared
,(~ as 1 t -UT of NuStar GP, Inc., a Delaware
corporation, general partner of NuStar Logistics, L.P., a Delaware limited partnership, known to
be to be the person whose name is subscribed to the foregoing instrument and who
a~knowledged~o~ne~hat_he_executed such instrument for the purposes and consideration
herein expressed and as the act of such corporation and limited partnership.
Given under my hand and seal of office this ~ day of e-tiI~JQ!' 2l~
e.u ~u..
2ctpnv r~F f<AgRTHA DON4EARN
}®* Notary Public
sTArE of TExAS ota Public in and for t e State of Texas
~~'FOF~E~e MY Comm. Exp. 72-27-2009
Page 4 of 4
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NuStar Logistics. LP
ATTACHMENT #2
SUMMARY UTILITY RELOCATION -COST ESTIMATE
Total
Material & Supplies $33,581
ROW $1,000
Labor $106,700
Transportation $440
Construction $144,000
Salvage/abandonmenUremoval $20,650
Miscellaneous $2,500
Sub total $308,871
contingency (20%) $61,774
TOTAL PROJECT $370,645
Nueces County
Page 1 of 3
NuStar Logistics. LP - S" Valley Pipeline
Nueces County
WBS Description RatelUnit Unit # Units Total Suh Total
Material & Supplies
11M line pipe-8" (0.322 w.t. X-52) M $0.00
line pipe-10" (0.219 w.t. X-52) ft $0.00
11M pipe coating-fbe ft $0.00
11M pipe coating-aro ft $0.00
11M joint coating ea $0.00
11M end caps $1,200.00 ea 2 $2,400.00
11M hop tap/stoples $0.00
11M frei ht ft $0.00 $2,400.00
ROW
17C land g $0.00
condemnation ea $0.00
18C fees,copies,expenses $500.00 ea 1 $500.00 $500.00
Labor
2C sr project engineer $100.00 hr 90 $9,000.00
2C consultant ea $0.00
18C row agent $80.00 ea 90 $7,200.00
2C drafting $60.00 hr 45 $2,700.00
2C engineer $90.00 hr 45 $4,050.00
6C survey (easement plats) $2,000.00 ea 1 $2,000.00
6C survey (project staking) $2,000.00 ea 7 $2,000.00
6C survey (as-builts) $2,000.00 ea 1 $2,000.00
3L inspection $90.00 hr 45 $4,050.00
3L i eline ouVin service hr $0.00 $33,000.00
Transportation
7E inspection mi $0.00
project management mi $0.00
meals/lodging day $0.00 $0.00
Construction (to be performed by contractor under continuing contract)
11C mob/demob $7,500.00 ea 2 $15,000.00
11C line pipe-8' h $0.00
line pipe-10" ft $0.00
11C road crossings ft $0.00
11C valve site(s) ea $0.00
4C x-ray $1,500.00 day t $1,500.00
11C hydrostatic test day $0.00
11C tie-ins $1,500.00 day 2 $3,000.00
11C install stoples ea $0.00
23C nitrogen ea $0.00
21C painting ea $0.00
22M si na e/CP/test leads ea $0.00 $19,500.00
Salvage/Abendonment/Removal
salvage $0.00 ea 0 $0.00
1 abandonment ea $0.00
1 removal $40.00 ft 200 $6,000.00
engineering hr $0.00
ins ection $90.00 hr 45 $4,050.00 $12,050.00
Miscellaneous
-8@-- -envimnmentatstudy ea $0.00
BC permit fees ea $0.00
11C water source h dro ea $0.00 $0.00
Total Protect Estimate: $67,450.00 $67,450.00
20% contingency $13,490.00
Total
$80,940.00
Pnnu ~ nf'!
NuStar Logistics. LP -10" Valley Pipeline
Nueees County
WBS Description Rate/Unit Unit N Units Total Sub Total
Material & Supplies
11M line pipe-10' (0.219 w.t. X-52) tt $0.00
11M line pipe-xwt crossings (0.250 X-52) $39.28 ft 200 $7,856.00
11M pipe coating-fbe $2.88 ft 200 $575.05
11M pipe coating-aro $6.25 ft 200 $1,249.92
11M joint coating ea $0.00
11M induction bends $5,000.00 ea 4 $20,000.00
11M hop tap/stoples ea $0.00
11M frei ht $7.50 tt 200 $1,500.00 $31,180.97
ROW
17C land ft $0.00
condemnation ea $0.00
18C fees,copies,expenses $500.00 ea 1 $500.00 $500.00
Labor
2C sr project engineer $100.00 hr 180 $18,000.00
2C consultant ea $0.00
18C row agent $80.00 ea 90 $7,200.00
2C drafting $60.00 hr 90 $5,400.00
2C engineer $90.00 hr 180 $16,200.00
6C survey (easement plats) $2,000.00 day 2 $4,000.00
6C survey (project staking) $2,000.00 day 1 $2,000.00
6C survey (as-builts) $2,000.00 day 1 $2,000.00
3L inspection $90.00 hr 90 $8,100.00
3L i aline ouVin service $90.00 hr 120 $10,800.00 $73,700.00
Transportation
7E inspection (vehicles) $0.45 mi 500 $225.00
project management $0.45 mi 100 $45.00
meals/lodging $85.00 day 2 $170.00 $440.00
Construction (to be peAormed by cgntractor under continuing contract)
11C mob/demob $7,500.00 ea 2 $15,000.00
11C line pipe N $0.00
11C road crossings $350.00 tt 200 $70,000.00
11C valve she(s) ea $0.00
4C x-ray $1,500.00 day 5 $7,500.00
11C hydrostatic test $2,500.00 day 3 $7,500.00
11C tie-ins $1,500.00 day 3 $4,500.00
11C install stoples ea $0.00
23C nitrogen $20,000.00 ea 1 $20,000.00
21C painting ea $0.00
22M si na e/CP/test leads ea $0.00 $124,500.00
Salvage/AbantlonmenURemoval
salvage $0.00 ea 0 $0.00
1 abandonment ea 1 $0.00
1 removal $20.00 ft 200 $4,000.00
engineering $100.00 hr 10 $1,000.00
ins action $90.00 hr 40 $3,600.00 $8 600.00
Miscellaneous
-BC- environmental study ea $0.00
8C permit fees $500.00 ea 1 $500.00
11C water source (hydro) $2,000.00 ea 1 $2,000.00 $2,500.001
Total Projegt Estimate: $241,420.97
20 % contingency $48,264.19
total $289,705.16