HomeMy WebLinkAboutRES 12-138 RESOLUTION NO. 12-138
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Amendment to a
Pipe Line Crossing Contract, substantially in the form attached hereto as Exhibit"A,"with
The Kansas City Southern Railway Company to provide for the abandonment of an existing
30"sewage pipeline and installation of a 30"carrier/42"casing sanitary sewer pipeline and
abandonment of an existing 12" water pipeline and installation of a 12.750" carrier/20"
casing potable water pipeline at KCS Mile Post K 766.1 (Main Street) related to the Main
Street Utility Relocation Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
June, 2012.
y (1yor Becky Ames -
12-1366—1367
AMENDMENT TO PIPE LINE CROSSING CONTRACT
THIS AMENDMENT("AMENDMENT")amends that certain Pipe Line Crossing Contract, dated June
14, 1954, ("BASIC AGREEMENT"), KCS Contract #0040I9289, by and between THE KANSAS CITY
SOUTHERN RAILWAY COMPANY, a Missouri corporation, called herein "Railway Company", and THE
CITY OF BEAUMONT, TEXAS,to be addressed at 801 Main Street, Suite 210,Beaumont,Texas 77701,called
herein"Licensee". The effective date of this Amendment is the 15"'day of May,2012("Effective Date").
RECITALS:
WHEREAS, City of Beaumont, Texas entered into the BASIC AGREEMENT with The Kansas City
Southern Railway Company dated June 14, 1954, including all amendments and supplements thereto, such
BASIC AGREEMENT and all supplements and amendments and this Amendment,hereinafter sometimes referred
to as"Agreement"
WHEREAS, Licensee desires to abandon an existing 30" sewage pipeline and install a 30" carrier/42"
casing sanitary sewer pipeline, and to abandon an existing 12" water pipeline and install a 12.750" carrier/20"
casing potable water pipeline at Mile Post K 766.1 (Main Street).
Except as modified herein, all terms and conditions of the BASIC AGREEMENT shall remain in full
force and effect.
AGREEMENT:
NOW, THEREFORE, IT 1S AGREED by and between the parties that the Agreement is hereby
amended by adding the following provisions to the Agreement, which provisions are in effect as of the Effective
Date.
1. Licensor, without any warranty or guarantee of suitability of the premises for Licensee's or any
other purpose, hereby permits Licensee a license to construct, maintain, operate, use and remove a proposed
sanitary sewer and potable water pipeline under Licensor's tracks and right-of-way at Mile Post K 766.1
(Beaumont Subdivision) at or near Beaumont (Jefferson County), Texas, the course of the pipelines being
described and as indicated on print of drawing no. 12-1366 and 12-1367 dated 02-01-2012 and approved 02-02-
2012,marked Exhibit"A",attached hereto and incorporated herein by reference.
The rights granted under this Agreement are subject to all outstanding superior rights whether or not of
record(including those in favor of licensees and lessees of Licensor's property,and others)and the right of Licensor
to renew and extend the same, and is made without covenant of title, or for quiet enjoyment. Licensor does not
warrant title and Licensee accepts the rights granted herein and shall make no claim against Licensor for deficiency
of title. Licensee acknowledge that the Licensor's interest in the right-of way varies from segment to segment and
may include lesser interests than fee title. Licensee shall, at Licensee's sole cost and expense, obtain any and all
necessary rights and consents from parties other than Licensor which may have or claim any right,title or interest in
the property upon which the Licensoes right-of-way is located.
2. The sanitary sewer carrier pipe shall consist.of 30"HDPE having a minimum wall thickness of 3.1."
and a minimum yield point of 160 PSI,which carrier pipe shall be encased in a 42"x 100'steel casing pipe having a
minimum wall thickness of 0.5625"and a minimum yield point of 35,000 PSI. Maximum operating pressure of the
pipeline shall not be greater than 35 PSI.
-Page 1 of 4-
EXHIBIT "A"
12-1366— 1367
The potable water carrier pipe shall consist of 12.750" HDPE having a minimum wall thickness of 1.27"
and a minimum yield point of 160 PSI,which carrier pipe shall be encased in a 20"x 107'steel casing pipe having a
minimum wall thickness of 0.3125"and a minimum yield point of 35,000 PSI. Maximum operating pressure of the
pipeline shall not be greater than 35 PSI.
Licensee expressly agrees that its under-track installation shall be by dry bore and jack method and that no
boring or excavation shall occur within Licensee's right-of-way, nor shall any boring occur in the track
embankment. The angle of the pipeline crossings beneath Licensee's property and tracks shall be no less than 90°.
Construction, maintenance, operation, use and removal of the pipelines shall not endanger the safety or
condition of Licensoes property in any way, or the operation of trains or cars, and the pipelines shall be laid at a
minimum depth of 10' below the bottom of Licensoes base of rail and at a minimum depth of 9.5' below ground
level at all other points on the right-of-way. Excavations made on Licensors property shall be promptly refilled by
Licensee,the earth well tamped,and the ground left in the same condition as before laying of the pipelines.
The pipelines shall be maintained so as to prevent the escape of its contents being conveyed.Connections or
valves shall not be placed in the pipelines nearer than forty feet (40') from the canter of Licensor's nearest track.
Further, the pipelines and its operation and use, shall comply with any and all applicable governmental laws,rules,
and regulations. The parties hereby incorporate the requirements of 41 C.F.R. §§ 60-1.4(a)(7), 60-250.5, 60-741.5,
and 29 C.F. R. part 470,relating to equal employment opportunity, if applicable.If required by Licensor, gates and
check valves shall be placed in convenient locations. Licensee agrees that no hydrostatic pressure testing shall be
allowed unless the carrier pipe has been encased in a steel casing meeting Licensor and AREMA specifications.
Construction, maintenance, operation, use and removal of the pipelines shall not endanger the safety or
condition of Licensee's employes or property in any way, or the operation of trains or cars. The location of the
pipelines shall be marked,with markers maintained and plainly visible at the right-of-way lines.
3. Licensee shall not enter nor commence construction on or under Railway Company's property or
right-of-way unless accompanied by a qualified construction observer and flagger to oversee Licensee's work on
Railway Company's property or right-of-way. Licensee will be responsible for all construction observer,flagging
and mobilization costs, herein referred to as "Services", and arranging for these necessary Services associated
with the installation. To enable arrangements to oversee for these Services that are to be performed under this
Agreement, Licensee must submit a written scheduling request to Railway Company's Scheduling Agent,
hereinafter referred to as "Scheduling Agent", which request is received by the Scheduling Agent for approved
Railway Company qualified construction observer and flagging contactor a minimum of thirty (30)Business Days
in advance before Licensee proposes to commence work on or under Railway Company's property or right-of-way.
(A`Business Day"is any day Monday through Friday which is neither a federal holiday nor a state holiday at the
address of Railway Company's scheduling agent stated below.) The request must contain Licensee's name, the
date of this Agreement,the location of the work to be performed, and how many consecutive Business Days will
be required for Licensee to complete the work. Licensee's written request must be delivered to Scheduling Agent
at the following location:
Mr.Thomas Faulkner
Bartlett&West,Inc.
1200 SW Executive Drive
Topeka,Kansas 66615
Phone: 785-228-3265
Fax: 785-228-6298
Email: thornas.faulkner@bartwest.corn
-Page 2of4-
12-1366-1367
Licensee will, upon receipt of an invoice from Scheduling Agent specifying in reasonable detail
Scheduling Agent's costs and expenses of providing these Services, reimburse Scheduling Agent for all of their
costs and expenses of providing an inspection,flagging and mobilization prior to installation.
Railway Company's designation of a company or individual as a"qualified"flagger or flagger provider,or
Scheduling Agent,shall be construed solely as Railway Company's willingness to allow said individual or entity to
provide Services on Railway Company's property or right-of-way without further proof of qualification, and shall
not be construed as an endorsement or other verification of the abilities or qualifications of said Scheduling Agent by
Railway Company. All flaggers or Scheduling Agents provided herein shall be treated solely as independent
contractors of Licensee,with no relationship to Railway Company,for all purposes herein. Licensee and its agents,
employees and contractors will clear the tracks when directed to do so by the flagger. The presence of the flagger
will not relieve Licensee of its duty to keep all of its agents, employees and contractors clear of the tracks when
trains are in dangerous proximity to the licensed area. The actions or inactions of the flagger shall be construed for
all purposes herein as the actions or inactions of the Licensee, and shall be governed by Licensee's duties of
indemnification,and saving harmless under Section 3 of this Agreement.
If Licensee's scheduling reauestt fails to reach Scheduling Agent at least thirty(30)Business Days befoxe
Licensee's pLMsod commencement of work, lwa y ComRany May refuse to allow WMmencement of
on the Licensee's RMMed commencement date. If Railway Company will not allow the work to proceed on
Licensee's proposed commencement date because the scheduling request did not reach Scheduling Agent in time,
Railway Company will inform Licensee of this fact as promptly as possible and work with Licensee to arrange an
alternative commencement date for the work.
The construction observer and flagger will remain at the site on a reasonably continuous basis to oversee
the work, and charges will accrue for each day spent awaiting the completion of the work and the installation of
appropriate signs marking where Licensee's facilities enter and leave Railway Company's property and right-of-
way. If installation takes longer than contracted for with Scheduling Agent, Licensee will, upon receipt of an
invoice from Scheduling Agent specifying in reasonable detail Scheduling Agent's costs and expenses of
providing the inspection, flagging and mobilization, reimburse Scheduling Agent for all of Scheduling Agent's
costs and expenses of providing an inspector,flagger and mobilization.
Once Licensee has submitted its scheduling request to Scheduling Agent,should Licensee require a change to
the scheduled date, Licensee shall provide Scheduling Agent at least two (2) Business Days' notice prior to the
requested start date of the work. If Licensee fails to provide two(2)Business Days' notice of the change,Licensee
shall be charged,and agrees to pay,the daily rate,and any travel costs actually incurred,for the construction observer,
flagging and mobilization for one(1)day.
4. Licensee shall pay Railway Company an additional one-time license fee, set in accordance with
Railway Company's then current fee schedule, for any additional pipelines, wireline(s), or facilities permitted by
Railway Company.
5. So long as this Agreement is in effect Licensee agrees to maintain comprehensive general liability
and contractual liability insurance with minimum limits of two million dollars ($2,000,000.00) per occurrence,
four million dollars ($4,000,000.00) aggregate. Licensee shall provide automobile liability coverage in the
amount of one million dollars ($1,000,000.00) combined single limit. In addition, Licensee shall provide or
require minimum statutory worker's compensation coverage for all covered employees who are on Railway
Company's property. Licensee must also provide a Railroad Protective Liability Insurance policy naming the
Railway Company as the Named Insured with coverage limits of at least two million dollars ($2,000,000.00)per
occurrence and six million dollars ($6,000,000.00) aggregate. The original Railroad Protective Liability policy
shall be promptly furnished to Railway Company. Each policy must be issued by financially reputable insurers
-Page 3 of 4-
12-1366—1367
licensed to do business in all jurisdictions where work is performed during the term of the Agreement. A
certificate of insurance will be provided to Railway Company by Licensee, reasonably satisfactory to Railway
Company in form and content,evidencing that all required coverage is in force and have been endorsed to provide
that no policy will be canceled or materially altered without first giving the Railway Company thirty (30) day's
prior written notice. Commercial general liability policy will name Railway Company as an additional insured
and, to the fullest extent allowed under law,will contain a waiver of subrogation in favor of Railway Company.
All policies will be primary to any insurance or self-insurance the Railway Company may maintain for acts or
omissions of Licensee or anyone for whom Licensee is responsible. Any deductible or self-insured retention on
the required insurance shall be the responsibility of Licensee. Licensee will include copies of relevant
endorsements or policy provisions with the required certificate of insurance. Nothing contained in this Section
limits Licensee liability to the Railway Company to the limits of insurance certified or carried by Licensee. If
Licensee utilizes subcontractors in performance of this Agreement, the subcontractors must meet the same
insurance requirements as the Licensee. if a subcontractor does not meet the coverage requirements of this
Section, subcontractor must either supplement the deficient areas of coverage or Licensee must certify that
Licensee has acquired sufficient coverage to supplement the deficiency of subcontractor.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed in triplicate by
their authorized representatives as of the date first above written.
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
By:
Title:
Date:
THE CITY OF BEAUMONT,TEXAS
By:
Title:
Date:
-Page 4of4-
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ORIGINAL CONTRACT NO.Z2-2ff 2
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U.N. ;CROSSI !G ;CQNTR,ACT. :. . ,r
Jthe ►li "
l� :entered zi�it4..: - - - 'x.,,:•(<- _ w19.:rr -l;otween
vw`KANSAS -GI Tr SOTJTmff.:RinWAY ObDQ AW,: .
a corporation called herein "Licensor"; and
tCTTr- OF. BZOIM.,# TRIG' .
called herein "Licensee"'
1. Licensor hereby grants Licensee the right to lay and mafntafn._•....a.:30411t*c 'he..............
pipe line- --}:for the eoY veyaa ce of_------------- .----_-___-____............_...M der'its trbAs arid'•lir"oper'ty 'at
-: ....... ., tkie course'of said':pipe'Izxie-=---.:,Wfit-dpserileii;as'follows:
As i ndi eeted bF red line on print of bmaing-Na;
13-3,1$• dated Dime 10,..1954.p .attaeW.hweto and
.zi.
' Mfr Afr 9A JG iF AF Ak air
2. Said pipe-line sbP1l,be Iaid-in:a:miaamer.ac;cepiableto I:icensor?s T?igineer,:end::plans tdppameishall
be submitted for his approval before construction work begins.
Laying and'maintensaiec:of'said.line•'s'hall-not endanger-the safety'of:Liceiiso s•property in any*ay,
or-the operati6 of•°trains.or carsi fixid eei 'pipe=line shaaf'bib--laid with a shitsble-prid ectidn.'casing'at
a minimum depth ofd-3 nahes._..below the bottom of Licensor's ties and at a minims"Qepth`bf tinventy-
four.inches.(24").,be><ow grouxid.. t•otl �pgin,s on the right-ctf-Yvan. Eavalatons made. so
property shall be promptly refilled by Licensee, the earth well tam
pod;.;.tlIe;.grotind lefx in tthe::sae
condition as before laying of said pipe line, and locations of the pipe line marked and the markers main-
tained and plainly visible at the right-of-way lines. _......- _
s:
The"pipe line shall be maintained'so as to prevent the escape of gas or liquid being`'cdfrveyed
through same, and side connections.or.valves•shaIl._not be placed t4erefn nearer than,toi ty,..,X40):feet to
the center of Licensor's nearest track.
If 'required by I:icensor's Engineer;-gates and check valves shill,W is :in:convex xexnt locations
so Licensor's property will not be endangered by accidents to the pipe line.
A. pipe line.for.k'nflaminable:commodities between limits of tike right-of-way lines.of,Lieenso- skull
be,enca d in cast':-V_I, i e=wi cementea%4oixi%, or in steel pipe wfth'thresdi;A ror'welded:joints,.with
$e �rn�.,p p �
space:aroiantl~'said p% line�t a h.`c�nd f:>saiil 'casing permanently closed with cement.:,Said ipips line
"!shall not be used unless an iron vent pipe be installed and maintained in the casing at locations desig-
nated by Licensor. .. . : >. . .'
S. Licensee shall promptly inake necessary repairs to said pipe line, and, in the event of faIRM`•to
do so, same may be made by Licensor at cost of Licensee, which cost Licensee expiessly agrees to pay,
upon presentation of bill.
`Shdulff-Ucensor at any time decide, a change in the location or other changes in said pipe line be.-
desirable, Licensee will, at its o�cost make t)ie,ch4nges.at.Lic�ensor:requests, and upon the failure of
Licensee to do so, Licensor may"mime such changes`at Licensee's`expense, which expense the latter
expressly agrees to pay upon receipt of bill.
In consideration of the privleges herein granted, Licensee hereby expressly agrees to save harm-
less Licensor and other.raiilway companies pperat ng over,or usfng.traeks•of Lice X,:fro�all claims
for damage to'prop& yy or injarfes to-personsarfsIng from the'constrdction, rriaintenaxice,or removal
of said pipe line; and Lieen.see.hereby.reloams::said;railway gompanieg:;from damages to said pipe
line from any cause whatever.
Licensee hereby assumes all liability.-far injuries to its' gw&yees, or other persons working on
said pipe line caused by the operation of trains and will hold li mIess licensor and other railway com-
panies operating over or using its tracks, from and against all.damages or claims arising or growing
out of any injuries,so causal, to such employees or persons.
Rights 'horsin'granted are personal and not egsignable ivi. t Licensor's written consent; and
proYision ,.herein:.s Zall be bindfng upon successors ;snd:,;assigns• of'both parties..
6. Upon,termnat�ion_Y�eepi,.Licenaeej l?a�l:}u� ediatly r±amove said pipe line ro .ilz property
of Licensor, and'upon failure so to d6 may rerriove said pipe at Licensee's cost, `which cost
Licensee agrees to
.may° ._.. :::�, :., ;s;:.... ,.... .. •. .. :. .. .. .�t� . .- . .. ..
6. Licensee agrees to pay for use of Lkeiisorss righ of.�vday,ant;t a privilege hereby granted,the
sum of `Pal DolUre (010.00) UPM ezwutim of thU agreemat.
7. If the right to lay more than one pipe line be granted iri•paragraph 1 hereof,all provisions here-
intahaff apply to-ta&of:such pipe iinm-wftls equal force.-,w thoug--i°specifically:enumerated.
B. This agreement shall continue in force for one (1) yeari, and thereafter until terminated by
.(3W ._day's �c�tiee:in::�uiciting,.given by:either••partyto:the.othex;:provided,Licensor may,if it deems it
exp@ dent,;t�rr�aainate: aisgreer "t l_ay;.;giing. Licens9e.ten::(1 };day's written:notice.of.its-'intention
to, terminate same
7Vk `W3~IER `fi�I<', Parfries liei�etti Have caused this agreement to be executed in duplicate
:the'.:dey and ' ii f`IM abovewxittea:
TU KANSAS
;Approved a Lj1O__1
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CITY OF %;GURiONi`, '!'L,`)LAS.
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