HomeMy WebLinkAboutContract 27026 Form Approved Contract# pL�
By VP-Law 00-24996
PIPE LINE LICENSE
THIS LICENSE, made this �day of_ , 2001, subject to the terms and
conditions set forth herein, between THE BURLINCYON NORTHERN AND SANTA FE
RAILWAY COMPANY, a Delaware corporation, its successors and assigns, (hereinafter called
"Licensor'), party of the first part, and CITY OF FORT WORTH, a Texas municipal corporation
(hereinafter, whether one or more, called "Licensee"), party of the second part.
WITNESSETH, that the parties hereto for the consideration hereinafter expressed covenant and
agree as follows:
1. Subject to the terms and conditions hereinafter set forth, Licensor grants a
nonexclusive license to Licensee for it and/or its contractors to construct and maintain
one (1) pipe line(s), 12 inches in diameter (hereinafter, whether one or more pipe lines,
called the "PIPE LINE"), across or along the rail corridor of Licensor at or near the
station of Near Fort Worth, County of Tarrant, State of Texas, Line Segment 7500, Mile
Post 337.64, the location of the PIPE LINE being more particularly shown upon the print.
hereto attached, No. 1-23518 dated December 11, 2001, marked "Exhibit A" and made a
part hereof.
2. This agreement shall be effective U,_� � , D-pr)
3. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to
carry any other commodity or for any other purpose whatsoever.
4. Licensee shall pay Licensor as compensation for this license the sum of Two
Thousand Five Hundred and No/100 Dollars ($2,500).
5. Licensee shall, at its own cost and subject to the supervision and control of
Licensor's field engineer, locate and/or relocate, construct and maintain the PIPE LINE
in such a manner and of such material that it will not at any time be a source of danger
to or interference with the present or future tracks, roadbed or rail corridor of Licensor, or
the safe operation of its railroad. When the PIPE LINE is used for oil, gas, petroleum
products, or other flammable or highly volatile substances under pressure, the PIPE
LINE shall be constructed, installed and thereafter maintained in conformity with the
plans and specifications shown on print hereto attached, marked Exhibit B and made a
part thereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform
properly its obligations under this paragraph, Licensor may, at its option, arrange for the
performance of such work as it deems necessary for the safe operation of its railroad,
and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have
been rendered there for, the cost so incurred by Licensor, but failure on the part of
Licensor to perform the obligations of Licensee shall not release Licensee from liability
hereunder for loss or damage occasioned thereby. Licensee's emergency contact can
be reached at (817) 871-8300.
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6. Licensee shall reimburse Licensor for any expense incurred by Licensor for false
work to support Licensors tracks and for flagman to protect its traffic during installation
and maintenance periods and for any and all other expense incurred by Licensor on
account of the PIPE LINE. (The current rate, subject to change without notice, for
furnishing of Licensors Flagman is a minimum daily charge of $500.00, for the first eight
hours, or any part thereof, per day, with an hourly charge of$95.00 per hour for any time
over eight hours per day).
7. Prior to any boring work on or about any portion of the Premises, Licensee shall
explore the proposed location for such work with hand tools to a depth of at least three
(3) feet below the surface of the ground to determine whether pipeline(s) or other
structures exist below the surface, provided, however, that in lieu of the foregoing, the
Licensee shall have the right to use suitable detection equipment or other generally
accepted industry practice (e.g. consulting with the Underground Services Association)
to determine the existence or location of pipeline(s) and other subsurface structures prior
to drilling or excavating with mechanized equipment.
8. Prior to installation, five (5) days advance notice must be given to Licensors
Roadmaster at 4028 Deen Road, Fort Worth, Texas 76106-1411, telephone (817) 740-
7274.
9. (A) IN SO FAR AS PERMITTED BY LAW, EXCEPT AS SET FORTH IN
SECTION 9 (B), LICENSEE SHALL RELEASE, INDEMNIFY, AND HOLD HARMLESS
LICENSOR FOR ALL LOSSES, DAMAGES, EXPENSES, INJURIES OR DEATH TO
LICENSEE, ITS EMPLOYEES, AGENTS AND CONTRACTORS, ARISING IN ANY
MANNER FROM THE PERFORMANCE OF THIS AGREEMENT, EXCEPT TO THE
EXTENT PROXIMATELY CAUSED BY LICENSOR'S GROSS NEGLIGENCE OR
INTENTIONAL MISCONDUCT. NOTWITHSTANDING THE FOREGOING, TO THE
EXTENT LICENSEE DOES NOT HAVE AVAILABLE FUNDS,'NOTHING CONTAINED
1N THIS SECTION SHALL BE CONS11 RUED SO AS TO REQUIRE LICENSEE TO
ASSESS, LEVY AND COLLECT ANY. TAX TO FUND ITS OBLIGATIONS UNDER
THIS PARAGRAPH.
IN SO FAR AS PERMITTED BY LAW, LICENSEE FURTHER AGREES TO RELEASE,
INDEMNIFY, AND HOLD HARMLESS LICENSOR FOR ALL LOSSES, DAMAGES,
EXPENSES, INJURIES, OR DEATH TO ANY PERSON, INCLUDING LICENSOR,
WHICH ARISE IN ANY MANNER FROM THE CONSTRUCTION, MAINTENANCE,
USE, STATE OF REPAIR OR PRESENCE OF LICENSEE'S PIPE LINE, EXCEPT TO
THE EXTENT RESULTING SOLELY FROM THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF LICENSOR. NOTWITHSTANDING THE FOREGOING, TO THE
EXTENT LICENSEE DOES NOT HAVE AVAILABLE FUNDS, NOTHING CONTAINED
IN THIS SECTION SHALL BE CONSTRUED SO AS TO REQUIRE LICENSEE TO
ASSESS, LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS UNDER
THIS PARAGRAPH.
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(B) WHENEVER ANY EMPLOYEE, AGENT OR CONTRACTOR OF LICENSEE OR
ANY OF LICENSEE'S PARTIES MAKES ANY CLAIM FOR PERSONAL INJURY OR
DEATH AGAINST LICENSOR WITHIN THE MEANING OF THE FEDERAL
EMPLOYERS' LIABILITY ACT, OR ANY APPLICABLE SAFETY ACT, (45 U.S.C. § 51
ET. SEQ.), FOR ANY INCIDENT CAUSED, WHOLLY OR IN PART, BY PROPERTY,
EQUIPMENT, FIXTURES OR CONDITION BELONGING TO OR SUBJECT TO THE
CONTROL OF LICENSEE, OR CLAIMS OR ALLEGES THAT HE OR SHE IS AN
EMPLOYEE OF LICENSOR OR IS FURTHERING THE OPERATIONAL ACTIVITIES
OF LICENSOR, TO THE EXTENT PERMITTED BY LAW,_LICENSEE AGREES TO
INDEMNIFY AND HOLD HARMLESS LICENSOR FOR ALL LOSSES, DAMAGES,
COSTS OR EXPENSES RELATED TO SUCH CLAIM, REGARDLESS OF
LICENSOR'S NEGLIGENCE. NOTHING CONTAINED IN THIS SECTION SHALL BE
CONSTRUED SO AS TO REQUIRE LICENSEE TO ASSESS, LEVY AND COLLECT
ANY TAX TO FUND ITS OBLIGATIONS UNDER THIS PARAGRAPH.
10. If at any time during the term hereof Licensor shall desire to make any use of its
rail corridor with which the pipeline will in any way interfere, (including the relocation of
existing or the construction of new pipelines) and other facilities in which it shall have an
interest, Licensee shall, at Licensee's own cost, within thirty (30) days after receiving
written notice from Licensor to such effect, make such changes in the pipeline as in the
judgment of Licensor may be necessary to avoid interference with the proposed use of
its rail corridor.
11. (a) Licensee shall require its contractor to procure and maintain throughout
the term of this License a comprehensive general form of insurance covering liability,
including, but not limited to, Public Liability, Personal Injury and Property Damage, as
well as Contractual Liability in the amount of$1,000,000 per occurrence and $2,000,000
in the aggregate. Such insurance shall contain no exclusion with respect to rail corridor
of Licensor in the care, custody or control of Licensee. LICENSOR AND STAUBACH
GLOBAL SERVICES, INC. SHALL BE NAMED AS ADDITIONAL INSUREDS.
(b) Licensee is basically a self-funded entity as, as such, does not maintain a
commercial policy of liability insurance. If Licensee elects to self-fund the risks
associated with this Pipeline Agreement, Licensee shall, at the written request of
Licensor, provide Licensor with documentation of Licensee's self-funded program.
Licensee, in its sole discretion, may elect to obtain commercial liability insurance at any
time during the term of this Pipeline Agreement.
Licensee shall require its contractor to maintain Workers Compensation insurance,
which shall contain a waiver of subrogation against Licensor.
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(c) Care Custody or Control:
All risks property insurance covering the all of City's property including property in the
care, custody or control of Industry. Coverage shall include the following:
♦ Issued on a replacement cost basis
♦ Shall provide that in respect of the interest of BNSF the insurance shall not be
invalidated by any action or inaction of the City or any other person and shall
insure the respective interests of BNSF as they appear, regardless of any breach
or violation of any warranty, declaration or condition contained in such policies by
the City or any other person.
♦ Include a standard loss payable endorsement naming BNSF as the loss payee
as its interests may appear
♦ Include a waiver of subrogation in favor of BNSF.
(d) All insurance shall be placed with insurance companies licensed to do
business in the State in which the PIPE LINE is located, with a current Best's Insurance
Guide Rating of B and Class X, or better. Licensee shall provide Licensor in advance of
said installation a Certificate of Insurance evidencing such insurance. Insurance must
provide for coverage of incidents occurring within fifty (50), feet of a railroad track, and
any provision in the insurance policy to the contrary must be specifically deleted.
(e) A Railroad Protective Liability insurance policy issued in the name of
Licensor with limits of $2,000,000 for bodily injury and property damage per occurrence
with an aggregate of $6,000,000 must be provided when construction work will be
performed within fifty (50), feet of Licensor's tracks. The Policy will remain in force during
the construction phase of this project and must be provided prior to Licensor signing this
license.
(f) In lieu of providing a Railroad Protective Liability Insurance policy,
Licensee may participate in Licensors Blanket Railroad Protective Liability Insurance
Policy available to Licensee or its contractor. The limits of coverage are the same as
above. The cost is $800.00.
X I elect to participate in Licensor's Blanket Policy;
❑ 1 elect not to participate in Licensors Blanket Policy.
(g) The furnishing of insurance required by this Section shall in no way limit
or diminish the liability or responsibility of Licensee as provided under any Section of this
License.
12. Upon written notice from Licensor, Licensee agrees to assume the defense of
any lawsuit, or other proceeding brought against Licensor by any public body, individual,
partnership, corporation, or other legal entity, relating to any matter covered by this
License for which Licensee has an obligation to assume liability for and/or save and hold
harmless Licensor. Licensee shall pay all the costs incident to such defense including,
but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement
payments, and amounts paid in satisfaction of judgments.
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13. (a) Licensee shall comply with all federal, state and local environmental laws
and regulations in its use of Licensor's rail corridor, including, but not limited to, the
Resource Conservation and Recovery Act, as amended (RCRA), and the
Comprehensive Environmental Response, Compensation; and Liability Act, as amended
(CERCLA). Licensee shall not maintain a treatment, storage, transferor disposal facility,
or underground storage tank, as defined by RCRA, on or under Licensor's rail corridor.
Licensee shall not release or suffer the release of oil or hazardous substances, as
defined by CERCLA, on Licensor's rail corridor. Notwithstanding any other requirements
in this contract, Licensee assumes all responsibility for the investigation and cleanup of
such release and shall indemnify and defend Licensor and its agents for all costs and
claims, including consultant and attorney fees, arising in any manner out of such release
or Licensee's failure to comply with environmental laws, except to the extent such costs
or claims are proximately caused by Licensor's gross negligence or intentional
misconduct.
(b) Licensee shall give Licensor timely notice of any release, violation of
environmental laws or inspection or inquiry by governmental authorities charged with
enforcing environmental laws with respect to Licensor's rail corridor. Licensee also shall
give Licensor timely notice of all measures undertaken by or on behalf of Licensee to
investigate, remediate, respond to or otherwise cure such release or violation.
(c) In the event that Licensor receives notice from Licensee or otherwise of a
release or violation of environmental laws which occurred or is occurring during the term
of this License, Licensor may require Licensee, at Licensee's sole expense, to take
timely measures to investigate, remediate, respond to or otherwise cure such release or
violation.
14. If default shall be made in any of the covenants or agreements of Licensee
contained in this document, or in case of any assignment or transfer of this License by
operation of law, Licensor may, at its option, terminate this License by serving five (5)
days' notice in writing upon Licensee; but any waiver by Licensor of any default or
defaults shall not constitute a waiver of the right to terminate this License for any
subsequent default or defaults, nor shall any such waiver in any way affect Licensor's
ability to enforce any Section of this License. The remedy set forth in this Section shall
be in addition to, and not in limitation of, any other remedies that Licensor may have at
law or in equity.
15. Licensee shall promptly pay and discharge any and all liens arising out of any
construction, alterations or repairs done, suffered or permitted to be done by Licensee
on the PIPE LINE and shall indemnify Licensor against any loss, liability or expense
incurred by Licensor on account of such liens. Licensor is hereby authorized to post any
notices or take any other action upon or with respect to the PIPE LINE that is or may be
permitted by law to prevent the attachment of any such liens to Licensor's premises;
provided, however, that failure of Licensor to take any such action shall not relieve
Licensee of any obligation or liability under this Section or any other Section of this
License.
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16. In the case of eviction of Licensee by anyone owning or obtaining title to the rail
corridor on which the PIPE LINE is located, or the abandonment by Licensor of said rail
corridor, Licensor shall not be liable to Licensee for any damage of any nature
whatsoever or to refund any payment made by Licensee to Licensor hereunder, except
the proportionate part of any recurring rental charge which may have been paid
hereunder in advance.
17. Any notice to be given by either party shall be deemed to be properly served if
deposited with the United States Postal Service, or other acceptable mailing service,
postage prepaid, addressed to either party, at the addresses and department shown
beneath signature of the parties.
18. In the event that Licensee consists of two or more parties, all the covenants and
agreements of Licensee herein contained shall be the joint and several covenants and
agreements of such parties.
19. Any contractor or subcontractor performing work on or in connection with the
PIPE LINE shall for the purpose of this license, be conclusively deemed to be the
servant and agent of Licensee acting on behalf and within the scope of such contractor's
for subcontractor's employment for Licensee.
20. Neither Licensee, nor the heirs, legal representatives, successors or assigns of
Licensee, nor any subsequent assignee, shall under lease or sublet the PIPE LINE nor
assign or transfer this License or any interest herein, without the prior written consent
and approval of Licensor.
21. It is understood and agreed that this License shall not be placed of public record.
22. All the covenants and provisions of this License shall be binding upon the heirs,
legal representatives, successors and assigns of Licensee. No assignment by Licensee
shall be binding upon Licensor without the written consent of Licensor in each instance.
23. All questions concerning the interpretation or application of provisions of this
License shall be decided according to the laws of the State in which the PIPE LINE is
located.
24. To the maximum extent possible, each provision of this License shall be
interpreted in such manner as to be effective and valid under applicable law, but if any
provision of this License shall be prohibited by, or held to be invalid under, applicable
law, such provision shall be ineffective solely to the extent of such prohibition or
invalidity, and this shall not invalidate the remainder of such provision or any other
provision of this License.
25. The waiver by Licensor of the breach of any provision herein by Licensee shall in
no way impair the right of Licensor to enforce that provision for any subsequent breach
thereof.
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26. Notwithstanding any other provisions of this license, Licensee shall comply with
all statutes, ordinances, rules, regulations, orders and decisions issued by any federal,
state or local governmental body or agency established thereby relating to Licensee's
use of Licensors premises hereunder.
27. This license is given by Licensor and accepted by Licensee upon the express
condition that the same may be terminated at any time by either party upon thirty (30)
days' notice in writing to be served upon the other party, stating therein the date that
such termination shall take place, and that upon the termination of this license in this or
any other manner herein provided, Licensee, upon demand of Licensor, shall abandon
the use of the PIPE LINE and remove the same and restore the rail corridor of Licensor,
as near as possible, to the same condition in which it was prior to the placing of the PIPE
LINE there under. In case Licensee shall fail to restore Licensor's rail corridor within
Thirty (30), days after the effective date 'of termination, Licensor may proceed with such
work at the expense of Licensee. No termination hereof shall release Licensee from any
liability or obligation hereunder, whether of indemnity or otherwise, resulting from any
acts, omissions or events happening prior to the date the PIPE LINE is removed and the
rail corridor of Licensor restored as above provided.
28 This License is the full and complete agreement between Licensor and Licensee
with respect to all matters relating to license on the Premises, and supersedes any and
all other agreements between the parties hereto relating to license on the Premises.
Staubach Global Services, Inc. is acting as agent for The Burlington Northern And Santa
Fe Railway Company.
WHEREOF, the parties have executed this agreement in duplicate the day and year first
above written.
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY
~_~ AITESTE By: Staubach Global Services, Inc.
Its Attorney in Fact
Y_ 5650 N. Riverside Drive, Suite 101
Fort Worth, TX 7613
By:
Contract Authorization Mike Ewing, Director of P61Aits & Leases
01
Date CITY OF FORT WORTH
1000 Throckmorton
Fort Worth, Tel 71 2
APROV AS TO N AND LtGALITT:
By:
le -
Assistant City Attorney
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TRACKING N0. 00-24996
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
AND
_CITY OF FORT WORTH
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FORT WORTH, TEXAS SECTION: - V-
SCALE: 1 IN.=400 FT. TOWNSHIP: - MAP - uj
TEXAS DIV. RANGE: - PARCEL - a
FORT WORTH SUBDIV. L.S. 7500
DATE 1211112000 3jj-w� z
MP 337.64
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DESCRIPTION OF PIPELINE
PIPELINE SHOWN BOLD
CARRIER CASING CARRIER CASING
PIPE PIPE PIPE PIPE
SIZE: 1211 24 "--- LENGTH ON R/W: 110, 110,
CONTENTS: WATER WORKING PRESSURE: 100 PSI
PIPE MATERIAL: D. I • P. STEEL BURY: BASE/RAIL TO TOP OF CASING5. 6'
SPECIFICATION / GRADE: ANSI 50 GR B BURY: NATURAL GROUND 4. 52'—
WALL THICKNESS: 0. 31 " 0. 375 BURY: ROADWAY DITCHES 3.1
COATING: N/A N/A CATHODIC PROTECTION N/A
VENTS: NUMBER - SIZE - HEIGHT OF VENT ABOVE GROUND - I^ ppI� eJ I?�(^��(o�(D
JI IL��o� VVWD
NOTE: CASING TO BE ,TACKED OR DR
NEAR FORT WORTH All, wo+�llfig VOL
COUNTY OF TARRANT STATE OF TX �--�~ PWG
DRAWING NO. 1-23518
City of Fort Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/9/01 L-13111 60SANTAFE 1 of 1
SUBJECT ACCEPTANCE OF ONE PIPELINE LICENSE FROM. BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY FOR LOT A, BLOCK 1 OF SYCAMORE POINTE
ADDITION
RECOMMENDATION:
It is recommended that the City Council approve the acceptance of one pipeline license from the
Burlington Northern and Santa Fe Railway Company for a one-time cost of $4,050, which includes a
$250 processing fee, $2,500 contract fee, $500 late fee, and a $800 charge for participation in the
licensor's blanket insurance policy.
DISCUSSION:
The agreement is required for the proposed water main crossing in Sycamore School Road to provide
service to Lot A, Block 1 of Sycamore Pointe Addition located west of Crowley Road and south of
Sycamore School Road. The developer has provided a check in the amount of $4,050 payable to the
Burlington Northern and Santa Fe Railway Company to satisfy this agreement.
The property is located in COUNCIL DISTRICT 6, Mapsco 104K.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:n
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140
Originating Department Head:
Dale Fisseler 8207 (from) APPROVED 8/9/01
Additional Information Contact:
Dale Fisseler 8207
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