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HomeMy WebLinkAboutRES 94-110 �r RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Pipeline License Agreement with Hardy Oil & Gas USA, Inc. The agreement is substantially in the form attached hereto. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of / 11994. - Mayor - APR-20-1994 12• FROM CITY OF BMT, PUBLIC WORKS 251775917139517329 P.02 PIPELdNE LJCH 13 AGREEMMU QTY OF BEAUMONT ' THE STATE OF TEXAS: CY31TN'r'Y OP lFs'FFER.SON: Business Name Busing= phone: M-951-7yin Bus 40M AddV=moo slth Street, S,;to 1400, Arn_ist ,_Tpxpg __770np 'The,City of Beauuitostt,hereinafter called"City",for and in consideration of the sum tpeei&d horoia hemby grants to___-Hardv Oil & Gas USA Tne_ hereinafter called q mnwe,the license to lay,maintain, OPM1e,rtplhee,or re avve a pipeline for the transportation of oil,gas,water,or their products,on or across the follvwin&streets, alley$ and easements or other right-of-way situated in The City of Beaumont,7efremm Counter,Terms, t,,-wit: Street Name or R.O.W. Descrin inn .�. l.eng1h,(Line_ ar Feed Piney Point Lane gpr r 1 APR-20-1994 12� FROM CITY OF BMT, PUBLIC WORKS 26177591713951'7329 P.03 con OF UCEN9E: Ucensee shall make payment to the uty of Beaumont as follows: • License Agreement fee-1500 UD v Annual bee of' .00 per linear foot of pipeline located within the City rigbt-of,way- Said fee shall be reset on January 31,2001 and shall be reset e"My ton (10)your;thereafter, to a love] to be dcterminod by the (Sty Counca')or their delegated mpr=catative. • Shat Cut and Barricading Permit to work in the City right-of--way. $10.00 for permit,plus$5.00 per day for each location. All ferns, including the first annual fee for linear foot usage and Street Cut and Bankading Permit shall be made to the Enginetaing Division and payable to the City of Bcm=nt prior to any construction. This license is grouted by The City of Beaumont subject to the following condido1: e All pipelines o, ing public rights-of-way shall he bored f om right-nf way line to right-of way line. Withiu these limits,the pipeline shalt be protected by cuing or other method approved by the City and/or the Texas Department of Traasponadon. 0 the pipeline shall be constructed in such a manner as approved by ft - MY and/or the Texas Department of Transportation w as it does not inter&re with the use of the public streets and alleys. n The pipeline shall ba installed a minimum of fn►e (S)feet below,the lowest esdsting or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage litter, uniew otherwise authorized by the City and/or Teams Department of Trawportation. 2 APR-20-1994 12: FROM CITY OF EMT, PUBIC WMNS 2617 759M 3951'7329 0.04 The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the Cary, nor with sanitary Sewer tines,waterlines.or other utilities. Damage to e:dsting ditch grade during cwnstructlon or maintenance of the pipellne shall be eorrcebcd and the ditch grade shall be restored to the condition and grade at which it existed ptior to construction or Maintenance. Bore pits shall be back$Ued according to City standards. • Ex+cavaticm necessary for the construction,repair,or maintenance of the pipeline shall be performed in such a manner that will cause minimal Inconvenience to the public. I.i=wo shall promptly restot the area to as good a condition as before working thereon and to the reasonable satisfaction of the Q y's Engineering Division and/or the Texas Department of Transportation. • Operations along roadways shall be performed In such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating cquipmciu and matcr". All property wbere operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed,structures or other right-of-way features as a result of this installation will be borne by the owner of this line • Barricades,warning signs and lights,and flagpemms shall be Provided by the contractor or owner when necessary. Only under t'adretne circumstances, as deemed necessary by the City Engineer, will open cutting of a strmt or roadway bo allowed. All barricading must bo by permit and approved by the City (Public Works Department) in advance. • Any construction which taken plait in, on, under, above, or aervcs property not owned by the City shall require additional permission by the owner(s) of the property Involve& Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses,permits or agreements required by another government enttcy(County,State of Federal)shall be obtained and a copy of such document shall be provided to,the City. 3 PPR-20-1994 12:45 FROM CITY OF BMT, PUBLIC WORKS TO 261775917139517329 P.05 If agrwmnt is not required by said government entity, then documentation regarding such will be provided to the City of aeaumont+ o Licensea Shall provide copies of all neccnary agreements to be obtained from othor City Departments. o Licuoem shall ba roaWasible Cor acquiring all agreements neca sary far the lawful use of any private property. o A map &bowing this kxatbn of the proposed pipeline shall be provided. (1" = 2OW aty of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets,sucys, easements ur uthm pmgxrty. Ouw the pipeline is in upesativn.any datuages gtat occurs to the pipclina which rewhs in exposure or release of product must be reported immediately to Ole City Fine Departmnot and Public WOWS DepmtNmt. Litetfsee shall fully cooperate with ttte Fire Department. and provide, or assist with providing, any and all neauary r1offmatiorw,evacuations or other necessary actiocts. LCBks or other defects are to be repaired immediately by Licensee at It's own cost o The Ucensee shall be responsible for any and all costs associated with We relocatiou of the pipeli= As pcuvide d, the natsaity fur relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City- right-of-way shall be obtained by Licensee or it's contractor prior fo beginning maintenance or oomtruction. The fee for such permits is in addition to this License Agreement fee. (see Cost of License) U Uumw=will nutiry the Engiawaring Division of the Qty of Beaumont twenty-four(24) hours in advance prior to the installation of the lines permitted by this license. o Installation will be done in accordance with all City standards, and statutes of the State of Tcm. 4 APR-20-1994 12:. FROM CITY OF BMT, PUBLIC WORKS 261775917139517329 P.06 REOUIRP.D COVERAGE o Ncensee shall furnish the City with a Certificate of Standard Liability Insurance,including bodily mjauiro and property damage,naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: • Bodily injuries: S 300,OODAQ per person, $1A00,000.00 per incident • Property damage: $1,000,000.00 Sucb insurance shall be maintained in force and effect during the oonatruation or required maintenance of the pipeline and during the life of the pipeline. Such ocrdfkate shall contain a provision that at Ieast fifteen(15)Mays written notice must be given to the City prior to cancellation, alteration,or modification of such insurance- 0 Licensee shall have in force with the City a surety bond in the principal amount of$100.000 M The bond shall be payable to the City of Beaumottt hoc the use and benefit of any person entitled therew and conditioned that the prtacipel and surety will pay all damages to any person caused by,or arising from,or growing out of MW violation of the terms of this agreement. The bond Shall,provide that it may not be canoclled, altered, or otberwise modified without fifteen (IS) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the plpellne. o Licensee shall indemnify, save and hold harmless The City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the oomtnwtionn, maintenance, operation, repair or removal of the pipeline. This Indemnity expressly extends to claims alleging ntgligence by the City Of Beaunl011t, it's agents, officers or employees, arising from actions taken or oocuaences under this lkerse Agreemrnt. o If the pipeline or any part tbercof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employ S PPR-20-1994 12: FROM CITY OF BMT, PUBLIC WORKS .� 26177591 713951'7329 P.07 in connection with the performance of any work or repairs that may be done upon the streets, alleys, or easements mentioned herein. Licensee shall not be entitled to prosecute or maintain a claim against The City of Beaumont for any such damage or injuries so sustained by it,however,said conditions shall not prevent Uce nsee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. CY_T.h=CONS' UCnON/NAINTENANC�� MMIT LO-W, o City will use it's best efforts to notify ldoensm of any proposed construction and//or maintenance, to be done by City forces or by contract for the City,within the R.O.W. bmhed with this license. Notification, to licensee, of other construction and or maintenance Permitted by the City and within the R.O.W.inwtved with this iiicer�se will be the responsibility of the company obtaining said permit. Licansaa shall mark the location of its lines within fumy-eight (48) hours after receipt of such notification of proposed construction. Liccnsoe shalt maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number,or chaaRes to such number,will be provided to the City (Deparmnent of Public Works) and kept currant at all times. TI»s number shall be provided to entities permitted to constnict.maintain or excavate within this City R.O.W.and which are required to provide notification.of such work. When information has bees relayed to Licensee, through the phone number provided,such contaa :ball constituto notification for Licensee to provido location of its lines. Failure,by Licensee,to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the tines to be locates. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables,and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alloys and easements,and to change any curb or sidewalk or the grade of any of said streets. in doing or permitting any a=h work, the city of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreckain4$Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's faalities. 6 APR-20-1994 12• FROM CITY OF BMT, PUBLIC WORKS 26177591713951.7329 P.06 o V4=icver by reason of the change in the grade of airy meet occupied by Uccus"'t pipeline or coffitruction of a new ut= or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever.it shall be deemed necessary by City to relocate,alter,encase,change,adopt or conform the pipcHm of licensee thereto such change shall be made promptly by Licern at its cost and without claim for reimbursement or damages against City. If the rbange is demanded by the City for the beisa t of aM other parson or private oarporetion,exoept the Qty or the Texas Department of Tmosportatioa, liccasoc shall be reimbursed fully by the person or corporation desiring or occasioning such change for any axpcnse arising out of such change; provided, however,should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway,Licensee will,upon notice from the City,make such change immediately and at its own con;it being understood that City will not participate in any part of the cost of any change involving relocation,altering,encasing,boring,or changing in any manner of the pipeline where same is in a City street,alley,easement or other right- of-way. SPECIAL CONDITIONS: Nonassisaable This license is personal to the Licensee. It is nonassignabie and any attempt to assign this license will terminate the license privileges granted to Ucensee hereunder. 71iis agreement is terminable by either party by giving written hotioe to the other specifying the date of termination. Such notice shall be given not leas than thirty(30) dayg prior to the termination date therein specified. Any notice to be given hereunder by either.party to the other may be et'focted either by personal deltvery in writing or by registered or certified mail, pwage prepaid with return--receipt requested. Mail notices shall be addressed to the addresses of the parties-as follows: City of Beaumont Name of Licensee: Ha=IX OJ LA Us nee Inc. Beaumont,Tetras 77704 Address of Licensee:— 1600 sm tj2_St quite 11+00 Attn: Qty Enshwer City of Liv==e $ouston. TexF 77007 Upon cancellation,the pipeline snail bip removed and property restored to a condition acceptable to the City Engineer. 7 PPR-20-1994 12' FROM CITY OF BMT. PUBLIC WORKS 26177591?139517329 P.09 CMnracncement of work on the plpallne,by L9cemee after the date of thb fully ted license dull be construed at evidence of Uceusee's acceptance and approval of the conditions,above wt&girth. IN VYi'IW=VAIERMF,the City of Beaumont,Texas, hoc caused Umm preientt to be signed by iu Cky Manager and the:eat of the City to be bacw1th aMxcd by the City Ckat, this day of A.D. 19 CITY OF BEAUMONT,TEXAS Ray A.Riley,Caty Manager ATTF,ST: Rosemarie Chiappetta, City Clerk APPUCANTS COMPANY NAME: n (Licamee) Hardy '1 Gas USA Inc. Repmmted by. _ James N. Fi .oM tri ek Title Vice-President- Land and Legal A'IT ESI% 4"Nury- LESA K. JACKSON ASST. SECRETARY »sears ia.wsw Wit-ft 8 TOTAL P.09