HomeMy WebLinkAboutResolution # 3781RESOLUTION NO. 3781
A RESOLUTION APPROVING AN AGREEMENT FOR PIPELINE CROSSING WITH
KEOKUK JUNCTION RAILWAY COMPANY AND APPROVING PAYMENT AND
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY
OF CANTON TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
CANTON
WHEREAS, the Keokuk Junction Railway company has requested that the City of
Canton enter into an Agreement for Pipeline Crossing to allow a 16" water main to service the
Central Illinois Energy ethanol plant; and
WHEREAS, said agreement calls for a fee of one dollar ($1.00) for the period of January
1, 2007 through December 31, 2007 and thereafter the sum of one dollar ($1.00) per year on or
before January 1 S` of each year following for a term of five years. The yearly license fee shall be
subject to adjustment beginning with the payment due on January 1, 2012, and thereafter every
five (5) years during the term of the agreement, based upon the then-current railroad fee
schedule.
WHEREAS, on July 12, 2004 the City of Canton entered into a Water Purchase
Contract with Central Illinois Energy, LLC; and
WHEREAS, Section A(3) of said contract states that the City of Canton will accept
conveyance of the required 16" PVC water line to be built by the Purchaser following successful
passage and issuance of all necessary inspections, testing, permits and licenses required by the
City of Canton and any other regulatory agency having jurisdiction over the line's construction
and/or subsequent use; and
WHEREAS, Section B(3) of said contract states that Central Illinois energy will convey
to the City, following construction and passage and/or issuance of all necessary inspections,
testing, permits and licenses, the water line; and
WHEREAS, it is anticipated that said water line will be conveyed to the City of Canton
on or about March 2007; and
WHEREAS, the City will pay the sum of one dollar ($1.00) for the period of January 1,
2007 through December 31, 2007 and thereafter the sum of one dollar ($1.00) per year on or
before January ls` of each year following for a term of five (5) years. The City will then pay the
adjusted yearly license fee beginning with the payment due on January 1, 2012, and thereafter
every five (5) years during the term of the agreement, based upon the then-current railroad fee
schedule.
WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of
the Agreement for Pipeline Crossing, a copy of which is attached hereto and incorporated herein
as Exhibit A; and
WHEREAS, the City Council of the City of Canton, Illinois has determined that it is
desirable and in the best interests of the City of Canton to approve said Agreement for Pipeline
Crossing.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the Agreement for Pipeline Crossing between the City of Canton and Keokuk
Junction Railway Company, which is attached hereto and incorporated herein as Exhibit
A, is hereby approved in the form attached as Exhibit A, said Agreement for Pipeline
Crossing to be subject to and effective pursuant to the terms and conditions set forth
therein.
2
2. That the Mayor and the City Clerk of the City of Canton, Illinois are hereby authorized
and directed to execute said Agreement for Pipeline Crossing on behalf of the City of
Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 16th
day of January , 2007 upon a vote as follows: The motion carried
by voice vote, and was unanimous.
AYES:
NAYS:
ABSENT:
APPROVED:
Rodney W. Heinze
Mayor
ATTEST:
,/~ ~ r '
Nancy S. Whites
City Clerk
3
KEOKUK JUNCTION RAILWAY CO.
AGREEMENT FOR PIPELINE CROSSING
THIS AGREEMENT is made and entered into as of the 1st day of January, 2007 by and between Keokuk
Junction Railway Co., an Iowa Corporation (hereinafter "Railroad") and The City of Canton (hereinafter "Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Article 1. LICENSE FEE.
Upon the execution of this Agreement, the Licensee shall pay to Railroad the sum of One Dollar per year starting
with January 185, 2007 and running to December 3185, 2007, and thereafter every year on or before January 185 of each
year following. Said annual fee adjusted as stated in Article 5.
Article 2. RAILROAD GRANTS RIGHT.
In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and
agreements herein contained to be by the Licensee kept, observed and performed, the Railroad hereby grants to the
Licensee the right, during the term hereof, to construct and thereafter, during the term hereof, to maintain and operate
a 16" water main at or near The City of Canton, IL approximately 690 west of MPM 138 see Exhibit-A
in conformity with the specifications indicated on the attached print, marked as "Exhibit A", and incorporated by reference
herein.
Article 3. CONSTRUCTION MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions,
limitations, and covenants set forth herein and in Exhibits B and D, hereto attached, and made a part hereof.
Article 4. TERM.
This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until
terminated, only as provided in section 15 of Exhibit B hereof.
Article 5. INDEXING.
The yearly license fee specified in Article 1, above, shall be subject to adjustment beginning with the payment due
January 1, 2012, and thereafter every five (5) years during the term of this agreement, based upon the then-current
Railroad fee schedule.
Article 6. DEFAULT.
If Licensee fails to pay any fee on or before the due date, or within thirty (30) days of invoice, whichever comes
later, Licensee shall be liable for a late fee of $2.00 per day, or the maximum amount allowed by law, whichever is
greater. If Licensee neglects or fails to perform or observe any covenant or provision contained herein, including the non-
payment of any sums due hereunder, and such default is not corrected within thirty (30) days after written notice,
Licensee agrees to be liable to Railroad for the costs and expense, including court costs and expenses and reasonable
attorney fees, of correcting such default, collecting such sums due, and/or seeking an order requiring the vacation of the
premises.
Page 1 of 2
Article 7. INSURANCE.
Licensee, at Licensee's sole expense, shall procure, and provide Railroad a Certificate(s) of Insurance certifying
to the effectiveness of the insurance coverage required by Exhibit C, attached hereto and made a part hereof.
Article 8. CONSTRUCTION; EXPENSES.
Licensee acknowledges that it shall bear any and all costs and expenses associated with any work performed by
itself, and/or any third party, and/or any cost or expense incurred by the Railroad relating to this Agreement. In the event
any work is to be done on the Premises by a contractor of Licensee, such contractor shall, prior to entering upon the
Premises, or beginning any work, sign a right of entry agreement with Railroad and provide Railroad with a Certificate of
Insurance issued by its insurance carrier providing the coverage required under Exhibit C of this Agreement. All work
performed on the Premises shall be performed in strict compliance with the provisions of Exhibit B and Exhibit D of this
Agreement, and in a manner reasonably satisfactory to the Railroad's Superintendent of Transportation.
Article 9. NOTICE.
Any notice required or permitted to be served under the terms of this Agreement shall be sent by certified mail,
postage fully prepaid, and return receipt requested, to the parties at the following addresses:
To Railroad: Keokuk Junction Railway Co.
1318 S. Johanson Road
Peoria, IL 61607
Attn: Right of Way Agent
To Licensee: City of Canton
2 North Main Street
Canton, IL 61520
Attention: accounting department
309-647-0065
or at such other address as the respective parties may from time to time give written notice of.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the
date first written above.
City of Ca
By:
Nam
Its:
Witnessed by:
Name:
Keokuk Junction Railway Co.
(Railroad)
By:
Name:
Its:
Witnessed by:
Name:
Page 2 of 2
EXHIBIT B
Section 1. LIMITATION AND. SUBORDINATION OF RIGHTS GRANTED.
(A) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad
to use and maintain its entire property including the right and power of the Railroad to construct, maintain, repair, renew, use, operate,
change, modify, or relocate railroad tracks, signal, communication, fiber optics, or other wielines, pipelines, and other facilities upon,
along, under, or across any or all parts of its property, all or any of which may be freely done at any time or times by the Railroad
without liability to the Licensee or to any other party for compensation or damages.
(B) The foregoing grant is also subject to all outstanding superior rights (including those in favor of mortgagee(s),
licensees, lessors, and lessees of the Railroad's property, and others), and the right of the Railroad to renew and extend the same, and
is made without covenant of title or for quiet enjoyment. '
Section 2. CONSTRUCTION. MAINTENANCE AND OPERATION.
(A) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified, reconstructed and/or removed
by the Licensee in strict conformity with Common Standard 1029, and all amendments thereof and supplements thereto, which by this
reference is made a part hereof, except as may be modified and approved by the Railroad's Superintendent of Roadways
("Superintendent"). In the event such Specification conflicts in any respect with the requirements of any federal, state or municipal law
or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply.
(B) All work performed on property of Railroad in connection with the construction, maintenance, repair, renewal,
modification, reconstruction, or removal of the Pipeline shall be done under the supervision, and to the reasonable satisfaction, of
Railroad.
(C) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal,
modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and tracks of the Railroad,
the Licensee shall submit to the Railroad plans setting out the method and manner of handling the work, including the shoring and
cribbing, if any, required to protect the Railroad's operations, and shall not proceed with the work until such plans have been approved
by the Railroad's Superintendent, who shall respond to Licensee's request for approval within fifteen (15) days after receipt of such
plans. The work shall proceed only under the supervision of the Superintendent or his authorized representative. The Railroad shall
have the right, if it so elects, to provide such support as it may deem necessary for the safety of its tracks during the time of
construction, maintenance, repair, renewal, modification, relocation, reconstruction, or removal of the Pipeline, and, in the event
Railroad provides such support, the Licensee shall pay to the Railroad, within thirty (30) days after bills shall have been rendered
therefor, all expenses incurred by the Railroad in connection therewith, which expense shall include all assignable costs, direct and
indirect.
Section 3. WARNINGS.
At each edge of the Railroad's right-of-way Licensee shall, at its cost and expense, erect and maintain signs showing the
location and depth of the Pipeline under the right of way.
Section 4. NOTICE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention, Licensee shall provide as much notice as practicable to Railroad
before commencing any work, including tele-faxing such notice to the Railroad's Operations Center at (309) 697-1577, or to such other
number as Railroad may provide. In all other situations, Licensee shall notify Railroad at least ten (10) days in advance of the
commencement of any work upon the property of Railroad in connection with the construction, maintenance, repair, renewal,
modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion.
Section 5. LICENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and
renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expenses
which may be incurred by the Railroad in connection therewith for supervision, flagging, inspection, or otherwise. "Expense" shall
include all assignable costs, direct and indirect. Any material used by Railroad shall be billed at its current replacement cost when and
where used. Railroad will provide Licensee with a schedule of charges for services to be provided by Railroad, upon approval of
Licensee's work plans.
EXHIBIT B-Pipeline, Page 1 of 4
Section 6. RELOCATION OR REMOVAL OF PIPELINE.
(A) The Licensee herein granted is subject to the needs and requirements of the Railroad in the operation of its railroad
and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, move all or any portion of
the Pipeline to such new location, as the Railroad may designate, whenever in the furtherance of its needs and requirements, the
Railroad shall find such action reasonable necessary.
(B) All terms, conditions and stipulations herein expressed with reference to the Pipeline on the property of the Railroad
in the location hereinbefore described shall, as long as the Pipeline remains on the property, apply to the Pipeline as modified, changed
or relocated within the contemplation of this Section.
Section 7. NO INTERFERENCE WITH RAILROAD.
The Pipeline and all parts thereof within and outside of the limits of the property of the Railroad shall be constructed and, at all
times, maintained, operated, repaired, renewed, modified, revised, relocated, reconstructed and/or removed in such manner as to
cause no unreasonable interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and
facilities of the Railroad or of its tenants or licensees, and nothing shall be done or suffered by the Licensee at any time that would in
any manner impair the safety thereof.
Section 8. PROTECTION OF UNDERGROUND FACILITIES.
(A) Pipelines, wirelines, and other underground facilities may be buried under the Premises. Protection of such facilities
is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and
profits. Prior to beginning any work, Licensee shall determine if any such facilities are buried anywhere on the property and if they are,
Licensee shall telephone the company(ies) involved, arrange for a locator and make arrangements for relocation or other protection of
any underground facilities prior to beginning any work on the property.
(B) In addition to the liability terms elsewhere in this Agreement, Licensee shall indemnify and hold Railroad harmless
from and against any and all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and
expenses) arising out of or in any way contributed to by any act or omission of Licensee, its contractor, sub-contractor, and/or iUtheir
officers, directors, agents and/or employees, that causes or in any way or degree contributes to: (1) any damage to or destruction of
any wireline, fiber optic cable, pipeline or other underground facility on the premises, (2) any injury to or death of any person employed
by or on behalf of any utility, pipeline, communications or other company owning or operating underground facilities and/or its
contractor, agent and/or employees, on the premises, and/or (3) any claim or cause of action for alleged loss of profits or revenue by,
or loss of service by a customer or user of, any utility, pipeline, communications or other company(ies) owning or operating such
underground facility.
Section 9. CLAIMS AND LIENS FOR LABOR AND MATERIAL.
The Licensee shall fully pay for all materials joined or affixed to and labor performed upon the Railroad's premises in
connection with the construction, maintenance, operation, repair, renewal, modification, relocation, reconstruction and/or removal of the
Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property
for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify
and hold harmless the Railroad against and from any and all liens, claims, demands, costs and expenses of whatsoever nature
(including, without limitation, court costs and expenses and attorney's fees) in any way connected with or growing out of such work
done, labor performed or materials furnished.
Section 10. TAXES AND PUBLIC AUTHORITY.
The Licensee shall promptly pay or discharge all taxes, charges, fees and assessments levied upon, in respect, or on account
of the Pipeline, to prevent the same from becoming a charge or lien upon the property of the Railroad, and so that the taxes, charges
and assessments levied upon or in respect to such property shall not be increased because of the location, construction, maintenance
or use of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the
Licensee's interest therein. Where such tax, charge, fee or assessment may not be separately made or assessed to the licensee but
shall be included in the assessment of the property of the Railroad, then the Licensee shall pay to the Railroad an equitable proportion
of such taxes determined by the value of the Licensee's property upon property of the Railroad as compared with the entire value of
such property. Licensee shall also obtain, at its sole cost and expense, any permits, registrations, inspections, licenses, certificates or
other privileges or governmental authority necessary to construct, operate, possess, maintain, use, repair, renew, modify, relocate,
reconstruct or remove the Pipeline.
EXHIBIT B-Pipeline, Page 2 of 4
Section 11. RESTORATION OF RAILROAD'S PROPERTY.
In the event the Railroad authorizes the Licensee to take down any fence of the Railroad or in any manner move or disturb any
of the other property of the Railroad in connection with the construction, maintenance, repair, renewal, modification, reconstruction,
relocation or removal of the Pipeline, then in that event, the Licensee shall, as soon as possible and at Licensee's sole expense, restore
such fence and other property to the same condition as the same were in before such fence was taken down or such other property
was moved or disturbed, and the Licensee shall indemnify and hold harmless the Railroad, its officers, directors, agents, employees,
lessees, lessors, insurers, successors and assigns, against and from any and all liability, loss, damages, penalties, fines, judgments,
claims, demands, cost and expenses of whatsoever nature (including, but not limited to, court costs and expenses and attorneys' fees),
which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when
such injury, death, damage, loss or destruction grows out of, arises from, or is in any way contributed to by the taking down of any
fence or the moving or disturbance of any other property of the Railroad.
Section 12. INDEMNITY.
As used in this Section, "Railroad" includes the Railroad, its officers, directors, agents, employees, attorneys, insurers,
partners, servants, principals, lessors, administrators, stockholders, parents, subsidiaries, affiliates, related companies, successors and
assigns; "Loss" includes loss, damage, claims, demands, actions, causes of action, liabilities, penalties, fines, judgments, costs and
expenses of whatsoever nature, including, but not limited to, court costs and expenses, reasonable attorney fees, and pre-judgment
and post-judgment interest, which may result from: (a) injury to or death of persons whomsoever (including Railroad's officers,
directors, agents and employees and Licensee's officers, directors, agents and employees, as well as any other person); and (b)
damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment or
other property of the Railroad, or property in its care, custody or control).
As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify
and hold harmless the Railroad from and against any Loss which is due to or arises in whole or in part from:
1. The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance,
repair, renewal, modification, reconstruction, relocation or removal of the Pipeline or any part thereof; or
2. The presence, operation, or use of the Pipeline or the contents therein or escaping therefrom;
except to the extent that the Loss is caused solely by the intentional acts of Railroad.
Section 13. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline
from the property of the Railroad and restore such property to as good a condition as it was in before the Pipeline was originally
constructed (to the extent reasonably practicable), all under the supervision and to the reasonable satisfaction of the Railroad. If the
Licensee fails to do the foregoing, the Railroad may perform the work of removal and restoration at the expense of the Licensee. The
Railroad shall not be liable to the Licensee for any damage sustained by the Licensee as a result of the removal of the Pipeline by the
Railroad as provided in this Section, nor shall such action prejudice or impair any right of action for damages or otherwise that the
Railroad may, at the time of such removal, have against the Licensee.
Section 14. WAIVER OF BREACH.
The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed or
performed by the Licensee shall in no way impair the right of the Railroad to avail itself of any subsequent breach thereof. No failure or
delay on the part of the Railroad in exercising any right, power or remedy hereunder shall preclude any subsequent or further exercise
thereof.
Section 15. TERMINATION.
(A) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in
default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the
Railroad to the Licensee specifying such default, the Railroad may, at its option, forthwith immediately terminate this Agreement by
written notice.
(B) Either may terminate this agreement by giving the other party thirty (30) days notice in writing of an intention to
terminate this agreement.
EXHIBIT B-Pipeline, Page 3 of 4
(C) Notice of Default and Notice of Termination may be served as provided in Article 9, and shall be deemed given
when received, or three business days after mailing (whichever occurs first).
(D) Termination or assignment of this Agreement shall not affect any of the rights or obligations of the parties hereto
which may have accrued or liabilities, accrued or otherwise, which may have arisen prior thereto.
Section 16. CHOICE OF LAW: CHOICE OF FORUM.
This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Illinois, without regard
to the principals of conflict of laws. Any litigation arising out of this Agreement shall be instituted and maintained in the courts of the
State of Illinois, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in those
courts, and consent to service of process issued by such courts.
Section 17. AGREEMENT NOT TO BE ASSIGNED.
Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of
Railroad; and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights
herein granted, whether voluntary, by operation of law, or otherwise, without such written consent, shall be absolutely void and, at the
option of Railroad, shall terminate this Agreement.
Section 18. SEVERABILITY.
If any clause or provision of this Agreement or any Exhibit thereto shall be finally determined invalid, illegal or unenforceable
by a Court of competent jurisdiction, then that clause or provision only shall be held inoperative, as though not herein contained, and
the remainder of this Agreement shall remain operative and in full force and effect.
Section 19. JURISDICTION.
Licensee acknowledges that Railroad is a common carrier engaged in interstate commerce, and that Railroad and its property
are under the jurisdiction of the Surface Transportation Board (STB) and the Federal Railroad Administration (FRA), and that this
Agreement shall be construed and performed under the regulations and orders of the STB, FRA, and all other applicable laws,
regulations and orders of the United States of America.
Section 20. CONSTRUCTION OF AGREEMENT.
This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements, oral or
written. No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the
parties, and specifying with particularity the nature and extent of such waiver, modification or amendment. Section headings used in
this Agreement are inserted for convenience of reference only and shall not be deemed to be a part of this Agreement for any purpose.
Unless otherwise expressly provided or unless the context otherwise requires, words importing the singular number shall mean and
include the plural number, and vice versa. The term "including" when used herein shall be construed to mean "including, but not limited
to,"
Section 21. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 17, above, this Agreement shall be binding upon and inure to the benefit of the parties
hereto, their officers, directors, employees, partners, agents, attorneys, heirs, executors, administrators, personal representatives,
successors and assigns.
END OF EXHIBIT
EXHIBIT B-Pipeline, Page 4 of 4
EXHIBIT C
INSURANCE REQUIREMENTS
(A) Lessee shall, at its sole expense, procure the following kinds of insurance and provide
Railroad a Certificate(s) of Insurance certifying to the effectiveness of such insurance.
(1)General Public Liability, including Railroad Protective Liability, providing bodily injury,
including death, personal injury and property damage with a combined single limit of at least
$2,000,000 each occurrence.
(2) Workers' Compensation Insurance covering the statutory liability as determined by the
compensation laws of the State of Illinois and Employers' liability. Also compliance with all laws
of any other state(s) affected by this Agreement, including laws of states which require
participation in their state workers' compensation fund.
(3) Automobile Public Liability Insurance providing bodily injury and property damage with a
combined single limit of at least $2,000,000. each occurrence or claim. This insurance shall
provide contractual liability by endorsement ISO Form CA 00 25 or equivalent covering all motor
vehicles including hired and non-owned, and mobile equipment to the extend it may be excluded
from general liability insurance.
(B) Licensee shall promptly pay when due all premiums for such insurance and shall keep
such insurance in force for the life of this Agreement. Such insurance policy(ies) shall contain an
endorsement naming Keokuk Junction Railway Co. ("Lessor"), as an additional insured with
respect to all liabilities arising out of Licensee's obligations to Railroad in this Agreement,
severability of interests, and shall be endorsed to provide contractual liability with respect to all
liabilities assumed by the Licensee under this Agreement, and that coverage shall not be
canceled or changed during the term of this Agreement without giving thirty (30) days prior written
notice to the Railroad at the address for insurance correspondence specified hereinbelow.
(C) Licensee waives its right to subrogation, as respects the above insurance policy(ies),
against Railroad for payments made to or on behalf of employees or agents of Licensee, and for
loss of its owned or leased property or property under its care, custody or control while on or near
the Premises, or the adjoining Railroad right-of-ways. The insurance provided hereunder shall be
primary with respect to any insurance carried by Railroad or Railroad's Lessors.
(D) Licensee WARRANTS that this Agreement has been thoroughly review by its insurance
agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance
coverage and endorsements as required herein.
(E) The insurance policy(ies) shall be written by a reputable insurance company acceptable
to Railroad. Such insurance company shall be authorized to transact business in the State of
Illinois.
(F) All insurance correspondence shall be directed to: Right of Way Agent, Keokuk Junction
Railway Co., 1318 S. Johanson Road, Peoria, Illinois 61607, or such other address as Railroad
may provide to Licensee.
END OF EXHIBIT.
Exhibit C-Pipeline
"EXHIBIT D"
COMMON STANDARD
SPECIFICATION C.S. 1029
SPECIFICATIONS FOR PIPELINES WITH MAXIMUM
CASING DIAMETER OF 48 INCHES AND ENCASED GAS
TRANSMISSION LINES CROSSING UNDER RAILROAD TRACKS
A. FOR FLAMMABLE SUBSTANCES
1. SCOPE
Pipelines included under these specifications are those installed to carry oil, gas,
gasoline, or other flammable or highly volatile substances.
2. INSTALLATION
Pipelines under railroad track and right of way shall be encased in a larger pipe or
conduit installed as indicated in Fig. 1.
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FIGURE 1
The casing pipe or conduit is the essential feature of the plan. Some of the other
features as described in following paragraphs are optional in certain cases.
Adopted November 1949 1 of 6 Revised July 1990
3. CARRIER PIPE
Carrier pipe inside of casing under railroad track and right of way shall be of good
construction of steel, wrought iron, cast iron, pure or alloyed iron; and shall be either
seamless or substantially welded pipe, with welded coupling, or other "approved" joints. Pipe
shall be laid with slack (no tension or compression) in the line. Use of a carrier pipe of
material other than the above-mentioned iron or steel must be approved by the Chief
Engineer of the Railroad.
4. CASING PIPE
Casing pipe and joints shall be uniformly thick steel construction approved by the
Railroad's Chief Engineer and shall be capable in its entirety of withstanding load of railroad
roadbed, track and traffic; also shall be constructed so as to prevent leakage of any matter
from the casing or conduit throughout its length under track and Railroad right of way.
The casing shall be installed with even bearing throughout its length, and to prevent
formation of standing liquids shall slope to one end.
Wall thickness of the casing must be no less than that specified in the attached steel
casing pipe wall thickness chart.
Inside diameter of the casing shall be at least 10% larger than the outside diameter of the
carrier pipe but no less than 2 inches greater than largest outside diameter of carrier pipe,
joints or couplings.
5. CATHODIC PROTECTION
Where cathodic protection is used on the carrier pipe, an above ground test box
constructed specifically for this purpose will be provided adjacent to casing vent pipe with test
wires attached to casing wall and carrier pipe, as shown in Fig. 1.
6. SEALS AND VENTS
Where ends of casing are below ground, they shall be suitably sealed to outside of carrier
pipe against intrusion of foreign material which might prevent ready removal of the carrier
pipe. Also, the casing must be properly vented above ground with vent pipes having inside
diameter equal to 10% of nominal size of the carrier pipe but no less than 2 inches and
extending not less than 4 feet above ground surface. Vent pipe at low end of casing shall be
connected with bottom of casing and vent at high end shall be connected with top of casing.
Top of vent shall be fitted with down-turned-elbow properly screened.
7. DEPTH OF CASING
The depth from base of railroad rail to top of casing at its closest point shall not be less
than 4.5 feet and on other portions of Railroad right of way where casing is not directly
beneath any track the depth from surface of right of way, and from bottom of ditches to top of
casing, shall not be less than 3 feet. Where it is not possible to secure the above depths,
special construction shall be used as approved by the Railroad's Chief Engineer.
Adopted November 1949 2 of 6 Revised July 1990
8. LENGTH OF CASING
Casing shall extend at lease 45 feet or 2(D)+20 feet, (where "D" equals depth of the
bottom of the casing below Railroad subgrade), whichever is greater, each side from
(measured at right angles to) centerline of outside track. The casing is to extend beyond the
limit of the Railroad right of way as required to obtain the specified length. If additional tracks
are constructed in the future, the casing shall be correspondingly extended at the utility's
expense. When a carrier pipe other than iron or steel is allowed, then the pipe must be
encased in steel for its entire length on Railroad right of way or that length determined above,
whichever is greater.
9. JACKING PITS
Jacking pits shall be a minimum of 30 feet from the centerline of track.
10. SHUT-OFF VALVES
Where warranted by special local conditions as determined by the Railroad Company,
accessible emergency shut-off valves shall be installed within effective distances at each side
of the crossing.
11. LOCATION
Pipelines shall, where practicable, be located to cross tracks at approximately right
angles thereto and said crossing shall not be closer than 50 feet to any portion of any
Railroad bridge, building, or other important structure, nor to any switch unless specifically
approved by the Chief Engineer.
Pipelines, casing pipe and vent pipes shall be at least 16 feet (vertically) from aerial
electric wired and shall be suitably insulated from underground conduits carrying electric
wires on Railroad right of way.
12. TOPOGRAPHY
Pipelines carrying extremely high pressure, volatile or highly flammable material shall,
where practicable, be located where the ground surface slopes downward away from the
railroad tracks. Also, when large capacity pipes are located where the ground surface
ascends above the railroad roadbed, there must be sufficient adjacent opening under the
tracks to carry off the material in event of rupture.
13. RESTORATION OF RIGHT OF WAY
Upon completion of the pipeline installation work, all rubbish, excess materials, temporary
structures and equipment are to be removes and the Railroad's right of way cleaned and
restored to the satisfaction of the Railroad's Chief Engineer or his authorized representative.
Disturbed areas shall be seeded or otherwise protected to control erosion as specified by the
Chief Engineer of the Railroad.
14. APPROVAL OF PLANS
Plans for a proposed pipeline shall be submitted to and meet the- approval of the Chief
Engineer of the Railroad or his authorized representative before work is begun and all work
on Railroad right of way, including the supporting of the track or roadbed, shall be subject to
his inspection and direction. All costs incurred shall be borne by the utility.
Adopted November 1949 3 of 6 Revised July 1990
B. FOR NON-FLAMMABLE SUBSTANCES
1. SCOPE
Pipelines included under these specifications are those installed to carry steam, water or
any non-flammable substance which from its nature or pressure might cause damage if
escaping on or in the vicinity of Railroad property.
2. INSTALLATION
Pipelines under railroad track and right of way shall be encased in a larger pipe or
conduit installed as indicated in Fig. 2.
GAOUNo
GTNOOIC PROTECTION SEE NOTE 2. ----~--I. SVAF~C°
TEST !OX
( n(EAE REOUIRE71 SUlGAAOE
CA iN001C PROTECTION I ROADBED
T'FST wIAE3 e
(m(EAE RECUTAEDI ~ R. i IN. YIN
~ R. I Y I N.
NO SGL-SEE ROTE ~ ` SEAL-SF_ NOTE II 1 ~ GSINO PIPE i •. SEAL-SEE NOTE i
EXOTNERYIC ~ - ._ __ _ ___ _ __ __ __ _______ _
•Et0 CONNEC'i0N ~/ •' __-` CAARIEA PIPS ._
.. ~ 2 0 I IS R. ,
3 FT•. '
NOTE: 1, SEAL NOT REQUIRED IF CA3l NC ENDS ABOVE 1 4L NORIZCgill DISTANCES TO !E ~4lSUREO
GROUND wHEAE DRAINAGE l3 AVAILABLE. AT RICNT ANGLES FROM ;,.N fEA LINE OF TRACx.
Z. GIBING TO EXTEND B[TONO THE CENTERLINE.
OF TRACK AT RICNi ANGLES iNE GREATER OF ZD - 20 R.
OA ]OFT. ANO lETONO LIMIT OF RA(LAOAO R1GNf-OF-BIT -
IF nECE35AAT i0 PgOVtO[ PROPER LENGTN OUTSIDE OF
TAACX.
FIGURE 2
3. CARRIER PIPE
Carrier pipe inside the casing under the railroad track and right of way shall be of good
construction approved by the Railroad.
4. CASING PIPE
Casing pipe and joints may be of any conduit construction approved by Railroad's Chief
Engineer and shall be capable of withstanding the load of railroad roadbed, track and traffic;
also shall be constructed so as to prevent leakage of any matter from the casing or conduit
throughout its length under track and Railroad right of way. The casing shall be installed so
as to prevent the formation of a waterway under the Railroad.
Casing shall be installed with even bearing throughout its length and shall slope to one
end.
Wall thickness of the casing must be no less than that specified in the attached steel
casing pipe wall thickness chart.
Adopted November 1949 4 of 6 Revised July 1990
The inside diameter of the casing shall be no less than 2 inches greater than largest
outside diameter of carrier pipe, joints or couplings.
5. CATHODIC PROTECTION
Where cathodic protection is used on the carrier pipe, a flush test box constructed
specifically for this purpose will be provided with test wires attached to casing wall and carrier
pipe, as shown in Fig. 2.
6. SEALS
The ends of the casing shall be suitably sealed to outside of carrier pipe against the
intrusion of foreign material, which might prevent ready removal of the carrier pipe.
7. DEPTH OF CASING
The top of the casing pipe shall be below the frost line, and its closest point shall not be
less than 4.5 feet below base of railroad rail. On other portions of the Railroad right of way
where casing is not directly beneath any track the depth from the surtace of the ground and
from bottom of ditches to top of casing, shall not be less than 3 feet. Where it is not possible
to secure the above depths, special construction shall be used as approved by the Railroad's
Chief Engineer.
8. LENGTH OF CASING
Casing shall extend at least 30 feet or 2(D)+20 feet, (where "D" equals depth of the
bottom of the casing below Railroad subgrade), whichever is greater, each side from
(measured at right angles to) centerline of outside track. The casing is to extend beyond the
limit of the Railroad right of way as required to obtain the specified length. If additional tracks
are constructed in the future, the casing shall be correspondingly extended at the utility's
expense.
9. JACKING PITS
Jacking pits shall be a minimum of 30 feet from the centerline of track.
10. SHUT-OFF VALVES
Where warranted by special local conditions and when mutually agreed to by the
Railroad Company and the owner of the pipeline, accessible emergency shut-off valves shall
be installed within effective distance at each side of the crossing.
11. LOCATION
Pipelines shall, where practicable, be located to cross tracks at approximately right
angles thereto and said crossing shall not be closer than 50 feet to any portion of any
Railroad bridge, building, or other important structure.
Pipelines and casing pipe shall be at least 16 feet (vertically) from aerial electric wired
and shall be suitable insulated from underground conduits carrying electric wires on Railroad
right of way.
Adopted November 1949 5 of 6 Revised July 1990
12. TOPOGRAPHY
Where practicable, pipelines shall be located where the ground surface slopes downward
away from the railroad tracks. Also, when large capacity pipes are located where the ground
surface ascends above the railroad roadbed, there must be sufficient adjacent opening under
the tracks to carry off the material in event of rupture.
13. RESTORATION OF RIGHT OF WAY
Upon completion of the pipeline installation work, all rubbish, excess materials, temporary
structures and equipment are to be removes and the Railroad's right of way cleaned and
restored to the satisfaction of the Railroad's Chief Engineer or his authorized representative.
Disturbed areas shall be seeded or otherwise protected to control erosion as specified by the
Chief Engineer of the Railroad.
'14. APPROVAL OF PLANS
Plans for a proposed pipeline shall be submitted to and meet the approval of the Chief
Engineer of the Railroad or his authorized representative before work is begun and all work
on Railroad right of way, including the supporting of the track or roadbed, shall be subject to
his inspection and direction. All costs incurred shall be borne by the utility.
STEEL CASING PIPE WALL THICKNESS CHART
MINIMUM THICKNESS
1 / 4" (0.250")
5 / 16" (0.3125")
3 / 8" (0.375")
7 / 16" (0.4375")
1 / 2" (0.50")
9 / 16" (0.5625")
5 / 8" (0.625")
DIAMETER OF CASING PIPE
12: OR LESS
OVER 12" - 18"
OVER 18" - 22"
OVER 22" - 28"
OVER 28" - 34"
OVER 34" - 42"
OVER 42" - 48"
This chart is only for smooth steel casing pipes with minimum yield strength of 35,000
PSI.
Casing pipes larger than 48" diameter or with any portion deeper than 20' shall be
submitted to Chief Engineer of the Railroad for approval.
Office of Chief Engineer
Union Pacific Railroad Company
Omaha, Nebraska
Adopted November 1949 6 of 6 Revised July 1990