HomeMy WebLinkAboutR-2012-081 Contractor Access Magellan Pipeline RESOLUTION NO. R-2012-081
A RESOLUTION AUTHORIZING, RATIFYING AND CONFIRMING EXECUTION OF A
CONTRACTOR ACC�SS AGREEMENT WITH MAGELLAN PIPELINE TERMINALS
WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a
Contractor Access Agreement with Mageltan Pipeline Terminals, LP ("Magellan") to allow the
City and its contractors to enter onto property owned by Magellan to perForm mowing an brush
clearing activities to investigate and stake alignment for future extension of the Missouri
Riverfront Trail along such property according to the terms and conditions set forth in Exhibit "A"
attached hereto;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the Mayor and/or City Administrator are hereby authorized to execute and �
deliver the Contractor Access Agreement by and between the City and Magellan in
substantially the same form as attached hereto as Exhibit "A" and the City Clerk is authorized
to attest thereto and all actions related thereto taken prior to the adoption of this resolution are
hereby ratified and confirmed;
FURTHER THAT the City Administrator, Mayor, Finance Director andlor other city
officials are hereby authorized to execute any and all other documents necessary or
incidental to carry out the terms and conditions of such Agreement and to effectuate the
agreement contemplated therein.
PASSED AND ADOPTED by th ROard of AI rmen a d APPROVED by the Mayor ,
of the City of Riverside, Missouri, the � day of , 2012.
,
F
'' ' ' � Kathleen L. Rose, Mayor '
,'� .,.
•
.��� �T`� � '.�
- � �iL.2�a
Ftobin Littrell, City�Clerk
" • � • Approve s to Form:
.... ,
a hom son, City Attorney
1
pr . . . . . . . . . . _
GTY OF
� - RIVE _� R ,,,.. S . � + � I F�
�""'�,,,,��" MI�SSOURI
Upstream from ordinary.
2950 NW Vivion Road '
Riverside, Missouri 64150
MEMO DATE: o6-i4-i2
AGENDA DATE: o6-i9-ia
TO: Mayor & Board of Aldermen
FROM: Michael Duffy, Director of Community Development
TITLE: A Resolution Authorizing, Ratifying and Confirming Execution of a Contractor Access
Agreement with Magellan Pipeline Terminal.
BACKGROUND:
The City is working with Platte County and Parkville to extend the Missouri Riverfront Trail and connect to
English Landing Park. The Special Use Permit to Magellan for operation of the terminal facility included a ,
provision that the City would be granted a trail easement along the river. '
This agreement allows the City to enter the site for the purpose of working with the other parties to set the
alignment for the trail. After the alignment is set and agreed upon, the trail will be constructed and a final
easement will be recorded based on the centerline of the trail. Platte County will construct the trail and
Riverside will be responsible for trail maintenance for the portion in our City.
BUDGETARY IMPACI': '
There is no cost to the City for this portion of the project. Future costs will be associated with trail
maintenance (mowing, litter control, etc.) which will be paid out of the operational budget for Public Works. '
Contractor Access AQreement
This ConCactor Accesa Agreement ("AgeemenY') is entered �nto on May 29, 2012 ("Effective Date"). The partiea to this Agreamanf
aze:
"Ma cllan° "Com an "
Ma¢elian'e Name: Campany's Namc;
Ma etlAn Pi cline Terminala, L,P. Ci oERiveraide
Addresa: Addreas:
One Williems Center , 1950 NW Vivion Road
'[tilsa OK 74172 Rivereide MO 64150
otiaes: Noticea;
Attn: Ternunsl Supervisor Attn; Mike Dufly
Phone: (9l3) 647-8401 Phonet (816} 372-9017 '
FAX: (9I3) 64'7 - 8y51 FAX: (8t6) 746-8349
In consideration of Company's agteement to tha Tem�s end CondiHons £or Accass, Magesllan wJll allow Company accesa to the '
Following termina! owned or apereted by Magellan: Riveraide Tank Farm located at 1599 NW [tiverperk Drlve, Rivoraidq MO (the
"Terminal"}, Company roay eccess the Terminal property via either the easterly-moat or weaterly-moat boundary of auch property '
only to perform the following servicea: A onatime mo�ving and cleering of brush and trees along that part oF the Terminal property '
nbuttittg the riverbank on the South side of the Termiael property be[ween the Terminal fence and tho high bank of the Missouri %ver ,
(the "Servicea").
, Magellan Ptpel[ne Terminsls, L.P. C1ty of Riveraide
B M ellan Pi olino dP, I,LC, Its (ienerel Pertner
.. g .�� ' �.� �! B
ta�wP� " Neme: ��1A�J�J C SARKtQ. Name:
Title: T T Pv 'o Title;
/ 'OW 6�ovr6.+r '
Tcrms and Condtdons for Accesa '
1. Indenendent Contrnctor, Campany ia sn independent contractor ta parfomi Services upoa Mageltan'a Terxninal premisos.
Company was not hired by and 3a not sn agant, employes or servant of Magellan, Company w121 not be pedorming any Sarvice� '
on behalf ofor for Magallan.
Z. CC 88 Magellan hareby grants Company rights of sccess to the Terminal promiaee only to perform the Services. Company ���.
and any of Company's employees, sgents, sub•contractors and oiher represeatativea sceking acceas to the Torminal ahould have,
and wi11 produce euch to Magollan upoa rcquest, valid proof of epplicabla credentials, licenses or cartifications as cequi�ed by Isw
for entry to tha Teaninal, tha parfom�anca of tha Sarvices or a curreut and valid Trensportadoa Workar Tdenti$estion CredenHal
(TWIC) iasued by the Tranaportstioa Securiry Administration in order to accesa the Tertninel,
3, LimitaGona. Magellan may exclude Company or any oF Compaay's amployoes, agents, contractors and other represantatives '
from the Terminal who, in Magellan'a sole opinion, pose a risk to petsone, property or the environment.
4. Term. Tha tarru of thia Agreement will commence on the Effective Date and extend untii thia Agreement ia terminated.
Either parry may tarminate tlils Agreement at eny time upon notico to the other party.
5. IndemnlCrcetion,
�t ; � .e,w�,�4- �.� f� dr�a
5.1 Personal Iniurv.�Company will Jndemn�, dsfelid, and !d hafinless Magellan, tis parents and �'Jiliates, and ita asd
thefr re�pecHve ojJ�cara, dtrecfora, emplayees, aganla and ather representattves (the "I��damntfees") from and agalnst al! datms,
acffons, Judgmenfs, 1Jabrlities, losses, costs, damages, fines, pena(Hes, expeuses, and reasoqable aHorneys feea (the
��� `2tab7/1Nea') related to t�Jurles (lncluding death) fo Compauy's eniployees, subcorodactors, agenfs, representadves and any
thlyd parfy artalxg ou! of ar tn connecNon with Con�pany's access !o the Termtroa! (/ha "Persona! Infury Clafms"),r�
� a , except M fhe e.rlerr! ihat any
PersoxallryJury CtaJms are caused by thegrosa neglegence or wtliJql misconduct ofthe Indemnitees.
Mngellan SteiMerd — Cont�u Wr Aeces� - Approved by Legal 1-1-1 D
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5.2 Pronerty Dam�. � Compa�y wtll lndem�{/'y, defexd, aad hald harmless the Indemnitees fram and agatns! all
� Llabilitlas refalcd to properp� damage arfsing out of or in connection with Gbmpany's aocess fo 1he Terntlnaf (the "Property
Damage Clafms"), exeept fo the extent fhaf uny Property Damage Clalma are caused by the negligence or w!!{/'a� miscnnduct oJ
the Indemnftees. :
��Cv �.Q. ..�� d�-- au.� �,
5.3 finvironntealal Liabilities. Company wlll tr�demntfj�, defend, and hold armfesa the Indemr�ltees fram and ag4tnat at!
� LlabiTldes related lo the release of any HaLardous Malerfal arfstng out of or in connecflon wlth Company's acceas fo ihe
Term�nal (tbe ".&nvtro�imentof Clafms'), excepi to the exlent that any B�tvlrosmental Claims ere caused by the negl/gence or
wJ!(fu! mtsronduct of the Indenenitees. "Hazardoua Material" meana any subetaace, material or wasto, thet is regulated by federal, '
atate, or local law aa hazardoua or toxtc, as s pollu[snt or a conteminata, or with words of a eitnllar mea�ing inclading patroleura,
petroleum pro ucts and methyl tertia� buryl q ther, '
�' S,y ���u+ ►Va�Ftu1,1 ae 1v.�a��, sf�.ee �aC c�e¢.h,e� �Jacl�a.c. �
�
5',� ,$:4 Sunrivat. The mdemmhw exp sed in Wie Agreemant will survive the temiinallon of Wis Agreament, �2 � S � ,
6. Inaurancc. ��h"'�'��
6.1 Ganeral Insursnce. Company will obtain and meintaiu, and requira ik's contractots to obtain and mainlain, in full force and
e$'ect: (a) Workers' compeneation insurance complying with applica6le law, whether or not Compaz►y is required hy applicable law
to maintain workera' compensation insuranae, end empioyer's Ilability insurance wlth Iimita of $1,000,000 eacli aoofdent,
S t,000,00D disease ench empfoyea, aad SI,000,000 disesse policy limit; and endonsed to provlda Cull maritime liability cavarage,
including, wit6out llmitation, Longelwremep's and Harbor Workers' Act; (b) Commeroial or camprohensive general liability
fnsurance on ap occurrence fomi with a combined singta liaut of $1,400,000 eech occurrence, and annual aggregates of
$1,000,000, for bodily iryjury and property damagq includivg coverage for blankat conhactual liability, broed form property :
damago, peraoael injury liabiliry, independent contrnctors, products/completed operaUons, and audden and accidontal pollution,
and with the explosion, collapse, and underground nxclusions delated; (c) Automoblle liability inauranca complying with Law with
a combined aingla limit of $1,000,000 each accucrenca for badily injury ead property dsmago to ineiuda eovcrago for all owned,
non-owned, and hired vehiclea with the following andorsements: MCS-90 (Motor Cattier Act of ] 980) and CA-9948 (Poliution
Liabitity Broadened Caverage for Covered Autoe) or equiva(ent; and (d) Excesa or umbrella lisbility insurance with a combined
aingle limit of 51,000,000 each ocourrenca, and annual aggregatos af $1,000,000, for bodily injury and ptoperry damage covacing
axcess of tha raquired employer's liability inauranca, commercial or comprehensive genorat liability inevrance, and automobile
liebility insurence.
Each of the policiea required by this Section will waive subrogation righta against Magotlau and its parent, subsidiary, end
afFiliated companiea. Tlte policies described in {b), (c) and (d) wilt narae Msgellan, its parent, suhsidiary and a�lieted campenies
as additlonal inaurads. The po(Icles deseribed in (b), (c) and (d) wlll lttclude nn amendmant staUng the insuraace is pdmary
inaurance with reapect to Magellsn, its pannt, aubsidiary end affiliated compenies, end any other inaurancc maintained by
Magallan, ita parent, subaidiary or sffilisted companiea ie oxcess and not contributory with this insucanea.
6.2 Additionat Reauirementa. Company will provida Magellan certificetes ahowing evidence of the required snsurence
covereges as of the effective date of this Ageemenk The iequired 13mits are nunimum limIts and wll2 not be const:ued W limit
Company's ]iebillty. The coat of We required inaurance will be bome by Company.
7. Misccllaneous.
7.1 Noticea. Any notica made urtder this Agreement will be made orally followed by a written confumation by uninterrupted
fax tranamiasion confirmed by transmisaion roport to tke number set forth herein. Either party may change their natica telephone
number and fex number upon notice to the other party et }eaet ten (10) daya ln advanca of ttte affecHve data of the change.
7.2 No Waiver. No waiver by Magetlan oP any right hareunder at any time wili serve to waive tha name right at any £uture
date. MageIlan's failura to inaiat upon the strict and prompt perfomiance by Company of auy provision of this Agreement will not
be dcemed a waiver of Magellan's rigl�t to enforce thstproviaion.
7.3 Amendment. No amondmont eo this Agreement will ba al�'eoflve unless msde in writing and aigaed by both partiea.
7.4 Sevetabititv. If any provision of this Agreemant is partially or compie6ely unenforceabls purauank to law, that provlslon
�viil bc deemed amended to the extent necessary to make it enforceable, if poasible. If not possible, then that provision will 6e
dcemed deleted. If eny proviaion is so deleted, then the remaiuing provisione will remain ia full force snd affECt.
7.5 Assienmant. Company may not assign this Agrcomant, in whole or in part, wifhout t6e prior wtitten consent of Maga{len.
Megellan may assign thia A�reement, in whole or in part, upon written norice to Company. Any purported sssignment in violation
of tlils provision will be void.
MngeUen Stenda�d-Conhectm Accesa - Approved by Lagal I-1-10
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7.6 Conftict of Intarest. Naither party will pay any commiasion, fea, or mbsta W an omployee of the other party or favor en
amployee of the othor party wIth eay gift or entertainfnent of significant vetua
?.7 Countesberfs. This Agreement may be w�ecuted ln one or more countexparta, esch of whfoh will be deemed an orlglnel
and patt of oae snd tha sama dooument.
7.8 dovaming Lnw. Th�s �fgrsement wlll be gove►ned and construed fn aCCOrddHae wJth tha lawa oJ ehe State o,f
��/ - �13kMhaA►u, wlrhout refsrence to tPre cholce oJ'law princlples thereof.
� I'Kt'SScre.�N
7.9 Em3ra eemant, Thie Arreement represoma tha eniire agreement of tha partiea with respect to tha tnattere addresaed
haroin.
End of Terma and Condltlona for Accesa
Magell4n Stendard— Conuaotor Acada - Appmval by Loga11-1-10
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