Approval Sheet

CITY OF GILLETTE
201 E. 5th Street
Phone (307)686-5200
CITY OF GILLETTE


www.gillettewy.gov

 
DATE: 7/15/2013 7:00:00 PM
SUBJECT:
Council Consideration of a Pipeline License Agreement for Two (2) Separate Railroad Crossing Permits to be Installed in Conjunction with Contract 4c and 4d of the Gillette Madison Pipeline Project with BNSF Railway Company, in the Amount of $9,500.00.
BACKGROUND:
Attached for your review and approval are copies of two separate Utility Crossing License Agreements with the BNSF Railway Company (BNSF).

The first pipeline crossing identified as 13-46792 is located near Timber Creek Road along Wyoming Highway 51.  Exhibit 13-46792 is a detailed map depicting the pipeline bore and railroad crossing at this location.

The second pipeline crossing identified as 13-46793 is located near the Wessex Subdivision at the Wyoming Highway 51 Railroad Overpass east of Rozet.  Exhibit 13-46793 is a detailed map depicting the pipeline bore and railroad crossing at this location.

Both railroad crossing permits are necessary for construction of the next phase of the Madison Pipeline Project for the section between Wyodak and Moorcroft.

The City is required to provide Railroad Protective Liability Insurance as a condition of this agreement.  In lieu of providing a separate policy for Railroad Protective Liability Insurance, the Wyoming Association of Risk Management (WARM) recommends we purchase the Railroad Liability Insurance Policy offered by the BNSF.

The City is also required to include BNSF as "additional insured" on the City's liability, property and/or automobile insurance policy(s).  WARM has indicated that they cannot include BNSF as a "additionally insured" on the City's policy(s) since we are members of a self-insured liability pool.  A letter prepared by WARM on behalf of the City has been submitted to the BNSF in lieu of the additional insured requirement.  A copy of the WARM letter and City liability coverage is attached for your information.

The pipeline license fee in the amount of $9,500.00 is summarized as follows:
~ Contract Fee = $3,000.00 x 2 Pipeline Crossing Permits = $6,000.00
~ BNSF Railroad Protective Insurance Policy = $1,150.00 x 2 Pipeline Permits = $2,300.00
~ Processing Fee = $600 x 2 Pipeline Crossing Permits = $1,200.00

Staff recommends approval of both Pipeline License Agreements.
ACTUAL COST VS. BUDGET:
Payment for this permit is eligible for reimbursement from the Wyoming Water Development Commission through our 67% grant and 33% loan we have with them for the Gillette Madison Pipeline Project.

Budget Account No. 301-70-72-441-70-47411
Project No. 07EN58
SUGGESTED MOTION:
I Move to Approve a Pipeline License Agreement with BNSF Railway Company for Two (2) Separate Railroad Crossing Permits to be Installed in Conjunction with Contract 4c and 4d of the Gillette Madison Pipeline Project in the Amount of $9,500.00.
STAFF REFERENCE:
Kendall Glover, Utilities Director
ATTACHMENTS:
Click to download
BNSF Agmt #13-46792 (Timber Creek Rd)
Map #13-46792 (Timber Creek Rd)
BNSF Agmt #13-46793 (Wessex)
Map #13-46793 (Wessex)
WARM Letter and Insurance Certificates