HomeMy WebLinkAboutContract 38541 AUDIT 051109
Form Approved,AVP-Law Folder No. 2401-10
10/19/06
PIPELINE CROSSING "TY �SZCRETP� Y
AGREEMENT :-ONTRAC:T Nc€
Mile Post: 238.65,Austin Subdivision
Location: Schertz, Bexar County, Texas
THIS AGREEMENT("Agreement") is made and entered into as of December 4, 2007,
("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware
corporation, ("Licensor") and CITY OF FORT WORTH, TEXAS, to be addressed at 1000
Thorkmorton,Fort Worth Texas 76102 ("hereinafter the Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
Article I. LICENSE FEE.
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time
License Fee of Two Thousand Six Hundred Eighty Dollars ($2,680.00).
Article II. LICENSOR 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 Licensor hereby grants to the Licensee the right to construct and thereafter, during
the term hereof,to maintain and operate only a/am
encased sanitary sewer piipeline(hereinafter the"Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the
print dated December 3, 2007, marked Exhibit A. Under no circumstances shall Licensee
modify the use of the Pipeline for a purpose other than the above mentioned, and said Pipeline
shall not be used for any other use, whether such use is currently technologically possible, or
whether such use may come into existence during the life of this Agreement.
Article III. 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 Exhibit B, hereto
attached
Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the Pipeline (including initial
construction and subsequent relocation or maintenance and repair work), then the Licensee shall
require its contractor to execute the Licensor's current form of Contra
Agreement. Licensee acknowledges. OFFICIAL RECORD
WYSECRETARY
FT.WORWN,TX
J_Jry_1 n , 9 : 1 b I >.l
receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will inform its contractor of the need to execute the Agreement. Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the
Contractor's Right of Entry Agreement.
Article V. INSURANCE. (SEE CITY'S EXHIBIT"C"TO BE ATTACHED)
All insurance correspondence shall be directed to:
Union Pacific Railroad Company
Real Estate Department-Folder No. 2401-10
1400 Douglas Street STOP 1690
Omaha,NE 68179-1690
Article VI. TERM.
This Agreement shall take effect as of the date first herein written and shall continue in full force
and effect until terminated as herein provided.
Article VII. SPECIAL PROVISION—INSPECTOR.
A railroad inspector is required to monitor the ground, ballast, and track for movement during the drilling,
reaming, and pullback processes. All work within the Railroad right-of-way must be coordinated with the
Railroad flagger. The installation process and all train movement must be immediately stopped if
movement is detected. The damaged area must be immediately reported to the Railroad and immediately
repaired subject to Railroad review and approval. The installation process must be reviewed and
modified as required before the installation may proceed. Applicant must pay Railroad's expense for
review, observation of installation, and flagging.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD COMPANY CITY OF FORT WORTH,TEXAS
By: By: s�.,i.�.d.► �
Contracts Title: Fernando Costa
_ - f*,- City Mana eg r _
Attested by:
�N-\CUD�/41
OFFICIAL RECORD Marty Hendlrix. ity Secretary
CITY SECRETARY
FT.WORTH,TX -
�"�'� Cnn'CraGt Authorizatloa
PLACE ARROW INDICATING NORTH FORM DR-0404-B
DIRECTION RELATIVE TO CROSSING ° REV. 5- 15-98
"ENCASED NON-FLAMMABLE
ALE
QQv�
PIPELINE CROSSING
w
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
NO SCALE FILLED IN TO PROCESS THIS AFP( ICATION.
RR'S P/w
_FT. FT.
1 (SEC NOTE 3 9 5) (5EF I;GTF 3 B 5 FT.
� J"
a m= °10
TO l0 (ANGLE OF CROSSING) w TO —
INEAP.EST R.R. TOWN) �` _ �— MAIN TRACA = (NEAREST R.R. TOWN'
h � �
(DESCRIBE ICED GBJCCi (DESCRIBE FI SED OBJEC i)
�2= _ (SCE NOiE 6) n (SEE NOTE 5) _
Q'h� 1015idN[E ALONG TRACK FROM L)rvc CROSSING; FT.
O? O��h FT.
NO THIS DIMENSION REOUIPEO III ALL CASES,
AT LOCATIONS NOT USING SECTIONS, DISTANCE
TD A LEGAL SURVEY LINE IS REOUI RF.D)
RR'S P/W
FT. _FT. �
i
caouND �¢ STHICKNESSTEEL CASING
CHARTWALL MIN. D15T SURFACE
(See Note 2) I MINIMUM DIAMETER OF
SUBGRADE THICKNESS CASING PIPE
ROADBED .2500" 1/4" I2" OR LESS
.3125" 5/16" OVER 12"-I8"
I1 FT. .375D" 3/8" OVER 18"-22"
(4.5 FT MIN.) �' .4375" 7/1G" OVER 22"-2B"
FT. (20 FT. MAX.) I �'-—FT. 5DOD" 1/2" OVER 28"-34"
p (3 FT. M11J.) SEAL cdslNc .5625" 9/16" OVER 34"-42"
SEAL CASING CASING PIP r(See Note 4) K ,6250" 5/8" OVER 42"-48"
--%--- T----------- OVER 48" MUST BE
— I —{- CARRIER PIPE \ APPROVED BY R.R. CO.
-------- — -----------
/ NOTE: THIS CHART 15 ONLY
FOR STEEL
PIPES MWIOTTH MINIMUMAYIIELD
r I STRENGTH OF 35,ODO PSI.
—/ 2 D IS FT.
5 Fr. I
FT. FT. FORMULA TO FIGURE CASING
— —+i IE-- LENGTH WITH ANGLE OF
FT. CROSSING OTHER THAN 90-
IGO FT. B 4a
NOTES (CASING LENGTH WHEN MEASURED ALONG PIPELINE.) y?V
Il ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM R. OF TRACK. za SIN 6
2) CASING TO EXTEND BEYONO THE 4- OF TRACK AT RIGHT ANGLES THE GREATER OF 20• 20 FT., OR 30 FT., `'yam B
AND BEYONO LIMIT OF RAILROAD RIGHT-OF-NAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. `T1 MIN.DIST.
3) MINIMUM OF 50' FROM THE END OF ANY RAILROAD BRIDGE, S OF ANY CULVERT, OR FROM ANY SWITCHING AREA. (NOTE 2)
4) SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. Z& TRACK
5) ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; 4. OF ROAD CROSSINGS 8 OVERHEAD VIADUCTS(GIVE ROAD NAME), OR CULVERTS.
61 CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIREO WITHIN
5 FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG.
A) 15 PIPELINE CROSSING WITHIN DEDICATED STREET ? YES; V ND; EXHIBIT Iq
8) IF YES, NAME OF STREET (FOR RAILROAD USE ONLYi
D) DISTRIBUTION LINE V OR TRANSMISSION LINE
C) CARRIER PIPE : i UNION PACIFIC RAILROAD CO.
COMMODITY TO BE CONVFYED sa^Lte q ��
OPERATING PRESSURE PSI 1 F' � �'4_"-WALL THICKNESS rnr360" ;DIAMETER 1Z'S ;MATERIAL PqL ; ISUBDIV)5[ONI
E) CASING PIPE ,. ( M. P Vi(.0 ' E. S.
WALL THICKNESS 0,P 5 ;DIAMETER ZO ;MATERIAL Sfe E L ;
NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED 5". Sew" CROSSING AT
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF ��
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF !�y �-
CARRIER PIPE AND INSIDE OF CASING PIPE. (NEAREST CITY) ICD'Tll sra )
F) METHOD. INSTALLING CASING PIPE UNDER TRACK(S): / Qom' �ff /QT�J
DRY BORE AND JACK (WET BORE NOT PERMITTED) I AWL ICANT)
TUNNEL ; OTHER �rz-- RR FILE NO.2 /l0 DATE 113'
G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? YES; NO;
H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND WA R N 1 N G
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK
1> APPLICANT HAS CONTACTED I-800-336-9193, (30' MIN.) IN ALL OCCASIONS, U. P. CDKWAINICA71ONS
DEPARTMENT MUST BE CONTACTED IN ADVANCE
U. P. COMMUNICJ5,TION DEPARTMENT, AND HAS DETERMINED FIBER
OF ANY WORK TO DETERMINE EXISTENCE AND
OPTIC CABLE DOES ;-DOES NOT ; EX 1ST V[C I N I TY OF LOCATION OF FIBER OPTIC CABLE.
WORK TO BE PERFORMED . TICKET NO. �E7[?lti0 zai2 PHONE: 1-800-336-9193
PL x 980 112
Special version City/FtWorth
Form Approved,AVP-Law
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 Licensor to use and maintain its entire property including the right and power of the
Licensor 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 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 Licensor
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
licensees and lessees of the Licensor's property, and others) and the right of the Licensor 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 and/or
reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard
Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which
by this reference is hereby made a part hereof, except as may be modified and approved by the Licensor's
Vice President-Engineering Services. 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 the Licensor in connection with the construction,
maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the
satisfaction of the Licensor.
(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 track or tracks of the Licensor,the Licensee shall submit to the Licensor plans setting out
the method and manner of handling the work, including the shoring and cribbing, if any, required to
protect the Licensor's operations, and shall not proceed with the work until such plans have been
approved by the Vice President-Engineering Services of the Licensor and then the work shall be done to
the satisfaction of the Vice President-Engineering Services or his authorized representative. The Licensor
shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its
track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation,
reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the
Licensee shall pay to the Licensor,within fifteen(15)days after bills shall have been rendered therefor, all
expense incurred by the Licensor in connection therewith, which expense shall include all assignable
costs.
(d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the
grade even with the adjacent surface of the ground.
plx.exb
Exhibit B
PL X 980112
Special version City/FtWorth
Form Approved,AVP-Law
Section 3. NOTICE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as
practicable to Licensor before commencing any work. In all other situations,the Licensee shall notify the
Licensor at least ten(10) days (or such other time as the Licensor may allow) in advance of the
commencement of any work upon property of the Licensor 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 4. 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 expense which may be incurred by the Licensor in
connection therewith for supervision,inspection,flagging,or otherwise.
Section 5. REINFORCEMENT,RELOCATION OR REMOVAL OF PIPELINE.
(a) The license herein granted is subject to the needs and requirements of the Licensor 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, reinforce the Pipeline, or move all or any portiaon of the Pipeline to such new
location as the Licensor may designate ,whenever, in the furtherance of its needs and requirements, the
Licensor shall find such action necessary or desirable.
(b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on
property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the
property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section.
Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION.
The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be
constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no
interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and
facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that
would in any manner impair the safety thereof.
Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic
cable systems is of extreme importance since any break could disrupt service to users resulting in business
interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a
24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be
used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved,
arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable,
all at Licensees expense, and will commence no work on the right of way until all such protection or
relocation has been accomplished. To the extent permitted by law, Licensee shall indemnify and hold the
Licensor harmless from and against all costs, liability and expense whatsoever (including, without
limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's
failure to comply with the provisions of this paragraph. Nothing contained herein shall ever be construed
so as to require Licensee to assess, collect or levy any tax to fund its obligations hereunder.
plx.exb
Exhibit B
PL X 980112
Special version City/FtWorth
Form Approved,AVP-Law
(b) In addition to other indemnity provisions in this Agreement, to the extent permitted by law, the
Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense
whatsoever (including, without limitation, attorneys' fees, court costs and expenses) caused by the
negligence of the Licensee, its contractor, agents and/or employees, resulting in (1) any damage to or
destruction of any telecommunications system on Licensor's property, and/or(2)any injury to or death of
any person employed by or on behalf of any telecommunications company, and/or its contractor, agents
and/or employees, on Licensor's property, except if such costs, liability or expenses are caused solely by
the direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse
against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or
other consequential damage to a telecommunication company using Licensor's property or a customer or
user of services of the fiber optic cable on Licensor's property. Nothing contained herein shall ever be
construed so as to require Licensee to assess, collect or levy any tax to fund its obligations hereunder.
Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES.
(a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon
property of the Licensor in connection with the construction, maintenance, repair, renewal, modification
or reconstruction 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
Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in
any way connected with or growing out of such work done, labor performed, or materials furnished.
Nothing contained herein shall ever be construed so as to require Licensee to assess, collect or levy any
tax to fund its obligations hereunder.
(b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in
respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon
property of the Licensor, 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 or maintenance 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 or assessment may not be separately made or assessed
to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee
shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's
property upon property of the Licensor as compared with the entire value of such property.
Section 9. RESTORATION OF LICENSOR'S PROPERTY.
In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner
move or disturb any of the other property of the Licensor 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, to the extent permitted by law, shall indemnify and
hold harmless the Licensor, its officers, agents and employees,against and from any and all liability, loss,
damages, claims, demands, costs and expenses of whatsoever nature, including court costs 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 or arises from
the taking down of any fence or the moving or disturbance of any other property of the Licensor. Nothing
contained herein shall ever be construed so as to require Licensee to assess, collect or levy any tax to fund
its obligations hereunder.
plx.exb
Exhibit B
PL X 980112
Special version City/FtWorth
Form Approved,AVP-Law
Section 10. INDEMNITY.
(a) As used in this Section, "Licensor" includes other railroad companies using the Licensor's
property at or near the location of the Licensee's installation and their officers, agents, and employees;
"Loss" includes loss,damage,claims, demands, actions, causes of action,penalties, costs, and expenses of
whatsoever nature, including court costs and attorneys'fees,which may result from: (a)injury to or death
of persons whomsoever(including the Licensor's officers, agents, and employees, the Licensee's officers,
agents, and employees, as well as any other person); and/or (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 Licensor,or property in its care or custody).
(b) As a major inducement and in consideration of the license and permission herein granted to the
extent permitted by law, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss
which is due to or arises 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 contents escaping therefrom,
except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. Nothing
contained herein shall ever be construed so as to require Licensee to assess, collect or levy any tax to fund
its obligations hereunder.
Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense,
remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks
of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as
good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do
the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the
Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the
Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and
restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it
may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In
the event of the removal by the Licensor of the property of the Licensee and of the restoration of the
roadbed and property as herein provided,the Licensor shall in no manner be liable to the Licensee for any
damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no
manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have
against the Licensee.
Section 12. WAIVER OF BREACH.
The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be
kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail
itself of any remedy for any subsequent breach thereof.
plx.exb
Exhibit B
PL X 980112
Special version City/FtWorth
Form Approved,AVP-Law
Section 13. 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 Licensor to the Licensee specifying such default,
the Licensor may,at its option, forthwith immediately terminate this Agreement by written notice.
(b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by
written notice given by either party hereto to the other on any date in such notice stated, not less,
however,than thirty(30)days subsequent to the date upon which such notice shall be given.
(c) Notice of default and notice of termination may be served personally upon the Licensee or by
mailing to the last known address of the Licensee. Termination of this Agreement for any reason 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 14. AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without
the written consent of the Licensor, 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 consent in writing, shall be absolutely void and, at the option of the
Licensor,shall terminate this Agreement.
Section 15. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the
benefit of the parties hereto,their heirs,executors, administrators,successors and assigns.
plx.exb
Exhibit B
*City to attach special Exhibit C,which ids their self insurance statement.
FORTWORTH
March 3, 2008
Union Pacific Railroad
RE: Request for Proof/Documentation of Insurance
City of Fort Worth's Self-funded Insurance Program
Dear Sir or Madam:
Please accept this correspondence, pursuant to your request for documentation of the
City of Fort Worth's insurance program. The City of Fort Worth is basically a self-funded
governmental entity, subject to statutory tort laws. The City does not maintain a
commercial policy of general liability insurance and/or auto liability insurance. Damage
for which the City of Fort Worth would ultimately be found liable would be paid directly by
the City of Fort Worth, and not by a commercial insurance company. City owned
property is covered under the City of Fort Worth Fire and Extended Coverage program
by a commercial insurance policy.
Statutory Workers' Compensation benefits are self-funded to a $750,000 retention limit
per incident, over which commercial insurance responds with no upper cap. Employers'
Liability coverage is maintained with a$1,000,000 policy limit.
In the event there are any questions regarding the City of Fort Worth's insurance
program, or if I may be of additional assistance, please contact me at the address
provided, or phone direct to (817)392-7744 or email, nancv.mckenzie(a-fortworthgov.orq
Thank you for your time and attention. Both are appreciated. On behalf of the City of
Fort Worth, we look forward to a continued business relationship.
Sincerely,
Nancy McKenzie
Nancy McKenzie,AIC, ARM-P
Claim Supervisor
Senior Risk Management Analyst
FINANCE DEPARTMENT
RISK MANAGEMENT DIVISION
THE CITY OF FORT WORTH*1000 THROCKMORTON STREET*FORT WORTH,TEXAS 76102
(817)392-8492* FAX(817)392-5874
E)Cl-vIAtT
APR 2 2009
Folder: 2401-10
LISA SCOTFORD
CITY OF FORT WORTH
REAL PROPERTY SERVICES
900 MONROE STREET SUITE 302
FORT WORTH TX 76102-6302
Re: Proposed 12.5 Inch Encased Sanitary Sewage Pipeline Crossing of Railroad Property at
Mile Post 241.06 on the Fort Worth Subdivision at or near Fort Worth, Tarrant County,
Texas
Ms. Scotford:
Attached is your original copy of our Agreement, fully executed on behalf of the Railroad
Company. When you or your representative enter the Railroad Company's property, a copy of
this fully-executed document must be available at the site to be shown on request to any Railroad
employee or official.
In accordance with the terms of the Agreement, you are required to notify the following Railroad
Company's Manager of Track Maintenance, Manager of Signal Maintenance, and the
Telecommunications("Call Before You Dig")number at least 10 days in advance of the date you
plan on entering the right of way for further instructions and approval to commence construction.
RYAN WIRTH MTM KEITH CORLEY MSM
UNION PACIFIC RAILROAD COMPANY UNION PACIFIC RAILROAD COMPANY
8150 SOUTH CENTRAL EXPRESSWAY 5701 WEST VICKERY ROOM 309
DALLAS TX 75241 FORT WORTH TX 76107
PHONE: 214-372-7401 PHONE: 817-353-7083
CELL: 214-335-0741 CELL: 817-319-3713
FAX: 817-353-7013
Telecommunications("Call Before You Dig"): 1-800-336-9193
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha,Nebraska 68179-1690 fx.(402)501-0340
4 1
As an additional note, the casing and carrier pipe must be placed a minimum of two (2) feet
below any existing fiber optic cable. Any excavation required within five (5) feet of an existing
fiber optic cable must be hand dug.
All future insurance notices should be forwarded to:
Union Pacific Railroad Company
Real Estate Department Folder No. 240 1-10
1400 Douglas Street STOP 1690
Omaha,NE 68179-1690
If you have any questions,please contact me at(402) 544-8549.
Sincer Y
...........
athle .Nesser
Manager
Page 1 of 1
DATE: 1/13/2009 REFERENCE NO.: *'L-14694 LOG NAME: 20RXRUP2401-10
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Pipeline Crossing Agreement with Union Pacific Railroad in the Amount of
$2,680.00 for the Installation of a 12 Inch Sanitary Sewer Pipeline Located West of
Interstate 35W and South of West Risinger Road
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Pipeline Crossing
Agreement with Union Pacific Railroad at a one time cost of$2,680.00 for the installation of a sanitary
sewer pipeline crossing located west of Interstate 35W and south of West Risinger Road. The
developer will pay all costs associated with this Agreement.
DISCUSSION:
The Pipeline Crossing Agreement(Agreement) is to install a 12 inch encased sanitary sewer line in a
20 inch steel casing. This work is necessary to support off-site sewer improvements for Crowley
Intermediate School No. 13, west of Interstate 35W and south of West Risinger Road al Mile Post
241.06. The Union Pacific Railroad has accepted the City's Certificate of Self-Insurance and assigned
the Agreement Folder Number 2401-10.
The project is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this transaction will not have a material
effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Managers Office by: Fernando Costa (6122)
Originating Department Head: Greg Simmons (7862)
Additional Information Contact: Lester England (7862)
ATTACHMENTS
20RXRUP2401-10.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=10847&councildate=l/l3/2009 1/14/2009