HomeMy WebLinkAboutContract 26970 WN191HO CII 'r:CFP7TARY
CON i J1—')At , NO. � LIP
Form Approved Contract#
By VP-Law 01-20213
PIPE LINE LICENSE
THIS LICENSE, made this _day of -� 2001, subject to the terms and
conditions set forth herein, between THE BURL NGTON 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), 18 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 Denton, State of Texas, Line Segment 7500, Mile
Post 366.32, the location of the PIPE LINE being more particularly shown upon the print
hereto attached, No. 1-23863 dated February 6, 2001, marked "Exhibit A" and made a
part hereof.
2. This agreement shall be effective 200
3. Licensee shall use the PIPE LINE solely for carrying sewage 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) 871-8252.
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6. Licensee shall reimburse Licensor for any expense incurred by Licensor for false
work to support Licensor's 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
IN THIS SECTION SHALL BE CONSRUED 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.
I elect to participate in Licensor's Blanket Policy;
I 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
By: Staubach Global Services, Inc.
Its Attorney in Fact
5650 N. Riverside Drive, Suite 101
Fort Worth, TX 76137
By:
Mike Ewing, Direct of Permits & Leases
CITY OF FORT WORTH
ATTE E Y 1000 Throckmort n
Fort Vyorth, Te s 61
By: G "`
Title:
Contract Authorization APROY D AS TO N AND LEGALITY:
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Date
Assistant City Attorney
TRACKING NO. 01 —2 0213
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
AND
CITY OF FORT WORTH
(V
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FORT WORTH, TEXAS SECTION: N/A V— N/A ,l
SCALE: 1 IN.= 100 FT. Z TOWNSHIP: — MAP —
TEXAS DIV. RANGE: — PARCEL — c
FT. WORTH SUBDIV. L.S. 7500 m
DATE 02/06/2001�f
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DESCRIPTION OF PIPELINE
PIPELINE SHOWN BOLD
CARRIER CASING CARRIER CASING
PIPE PIPE PIPE PIPE
SIZE: 1811 " LENGTH ON R/W: 208' 208'
CONTENTS: SEWAGE WORKING PRESSURE: GRAV I TY
PIPE MATERIAL: PVC STEEL BURY: BASE/RAIL TO TOP OF CASING 33. 25'
SPECIFICATION / GRADE: SDR-35 GR—B BURY: NATURAL GROUND 16'
WALL THICKNESS: . 536" -375'T BURY: ROADWAY DITCHES 16'
COATING: N/A N/A CATHODIC PROTECTION N/A
VENTS: NUMBER N/A SIZE — HEIGHT OF VENT ABOVE GROUND —
NOTE: CASINO TO BE JACKED OR DRY BORED ONLY
NEAR FT . WORTH
COUNTY OF DENTON STATE OF TX JPG
DRAWING NO. 1-23863
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY CON1PArYY
EXHIBIT "B"
SPECIFICATIONS TO ACCOMPANY LICENSES
FOR
PIPELINES FOR CONVEYL`1G FLANINLABLE SUBSTANCES
SEE 4PT. 3 -T- '-/ENT. SEE =RT.
SEE --RT. ScE ART. a
VENT. SEE ART. 3
< [r;rr. SEE cP.7- -
/ SIGN, SEE GRT . Z
nil •�,• ,is i.�
ct ROADBED
r nt[N_ SEE ART_ 9 3 FT. M[N-
3 FT. MIN.
CASING PIPE
CARRIER PIPE
SEAQ_ . SEE ART. 7 SEAL- SEE ART. 7
TYPICAL SECTION
L Scope
Pipelines included under these specifications are those installed to carry oil, gas. petroleum products or other flammable or highly volatile
substances under pressure.
_. General Requirements
a. Pipelines under railroad tracks and across railroad property shall be encased in a large pipe or conduit called the casing pipe as
indicated in the above section.
Pipelines shall be installed under tracks by boring or jacking_
Pipelines shall be located,where feasible,to cross railroad tracks at approximately right angles thereto,but preferably at not less than
45 degrees, and shall not be placed within a culvert,under railroad bridge, nor closer than 50 feet to any portion of any railroad
bridge,building or other important structure.
b. Pipelines laid longitudinally on railroad property shall be located as far as practicable from any tracks or other important structures. If
locate shall be located as far as practicable from any tracks or other importance structures_If located within 40 feet of the centerline
of any track or closer than 50 feet to nearest point of any bridge building, or other important structure, the tamer pipe shall be
encased,or of special design,as approved by BNSF.
C. Any replacement of a carrier pipe shall be considered a new installation,subject to the requirements of these specifications_
d. Where laws or orders of public authority prescribe a higher degree of protection than specified herein, then the higher degree of
protection so prescribed shall be deemed a pan of these specifications.
C. Pipelines and casing pipe shall be suitably insulated from underground conduits carrying electric wires on railroad property.
f. All high pressure pipelines greater than 60 p.s.i, internal pressure,except those in public roads,shall be prominently marked at the
property line(on both sides of track from undercrossings)by signs substantially worded dius:.
T.`Fe Uv E<Iubit B.(tla bk Rodua .doe 1 0175
e. Pipelines and casing pipe shall be suitably insulated from underground conduits carrying electric wires on railroad
property-
f. All high pressure pipelines greater than 60 p.s.i. intemal pressure, except those in public roads, shall be prominently
marked at the property line(on both sides of track from undercrossings)by signs substantially worded thus:.
CAUTION: inch diameter pressure main feet depth.
3. Carrier Pipe
Pipelines carrying oil,liquefied petroleum gas, natural or manufactured gas and other flammable products shall conform to the
requirements of the current AREA, ANSI/ASME B 31.4 Code for Pressure Piping - Liquid Petroleum Transportation Piping
Systems,ANSI B 31.8 Code for Pressure Piping-Gas Transmission and Distribution Piping Systems,other applicable ANSI codes
and 49 C.F.R.,Part 195—"Transportation of Hazardous Liquids by Pipeline",except that the maximum allowable stress for design
of steel pipe shall not exceed the following percentages of the specified minimum yield strength (multiplied by longitudinal joint
factor)of the pipe as defined in the ANSI codes.
a. For steel pipe within a casing under railroad tracks and across railroad property, the following percentages apply to
hoop stress:
1. Seventy-two percent for installations on oil pipelines.
2- Fifty percent for pipelines carrying liquefied petroleum gas and other flammable liquids with a low flash point_
3. Sixty percent for installations on gas pipelines.
b. For steel pipe laid longitudinally on railroad property, and outside the influence of railroad loading, the following
percentages apply to hoop stress:
(1) Sixty percent for installations on oil pipelines.
(2) Forty percent for pipelines carrying liquefied petroleum gas and other flammable liquids with a low Flash point.
(3) Forty percent for installations on gas pipelines.
Note: If the maximum allowable stress in the carrier pipe on either side of the crossing is less than specified above,the curter
pipe at the crossing shall be designed at the same stress as the adjacent carrier pipe-
Requi5 tes for carer line pip- under ra;;%vay tracks sbaL' a^�.,lv for a minimum of 50 feet (measured at right angles) from
center line of tradks or 2 feet beyond toe of slope or 2-5.
feet beyond ends of casing (when casing is required), whichever is
greater. This requirement does not apply to lines in streets_
The pipe shall be laid with sufficient slack so that it is not in tension-
4. Casing Pipe
Casing pipe and joints shall be of metal or concrete and of leakproof construction, capable of withstanding railroad loading and
other loads superimposed upon them-
Wall thickness for steel casing pipe for E 80 Loading(including impact)are:
Nominal Minimum Non Coated
Diameter Thickness Incites
Inches Inches
14 and under 0.188 0.188
16 0.219 0.281
18 0.250 0.321
20 and 22 0.281 do 0.344
24 0.312 0.375
26 0.311 0.406
28 0375 0.438
30 0.406 0.469
32 0.438 0.500
34 and 36 0.469 0.531
T:\Permits\ExhibitB-(R.—NIePi d-ts)A- 2of5
33,40&42 0.500 0.563
44 and 46 0.531 0.594
43 0.563 0.625
50 0.594 0.636
52 0.625 0.688
54 0.656 0.719
56 and 58 0.688 0.750
60 0.719 0.781
62 0.750 0.813
64 0.781 0.344
66 and 68 0.813 0.875
70 0.844 0.906
72 0.875 0.938
Steel pipe is to have a minimum yield strength of 35,000 pounds per square inch.
All metallic casing pipes are to be designed for effective corrosion control for a period of 100 years. Corrosion control measures
may include protective coatings and/or cathodic protection. Design shall be in accordance with National Association of Corrosion
Engineers (NACE) publication RP0169. When casing is installed without benefit of a protective coating, and said casing is not
cathodically protected,the wail thickness shown above shall be increased to the nearest size which is a minimum of 0.063 inches
greater than the thickness shown for all diameter pipes above 14 inches.
Cast iron pipe may be used for a casing and shall conform to ANSI A21. The pipe shall be of the mechanical joint type or plain-end
pipe with compression type couplings. The strength of cast iron pipe to sustain external loads shall be computed in accordance
with ANSI A 21.1,"Manual for Computation of Strength and Thickness of Cast Iron Pipe-.
The casing pipe may be reinforced concrete pipe conforming to the AREA Specifications for Reinforced Concrete Culvert Pipe
(AREA Manual,Chapter 1, Part 4) or bituminous-coated corrugated metal pipe conforming to the AREA Specifications for such
pipe(AREA Manual,Chapter 1,Part 4)..
The inside diameter of the casing pipe shall be such that the carrier pipe can be removed without disturbing the casing. All joints
or couplings,supports,insulators or centering devices for the carrier pipe within a casing under railroad tracks shall be considered
in the selection of the casing diameter. For flexible casing pipe,a minimum vertical deflection clearance of the casing pipe shall be
3 percent of its diameter plus 1/2 inch so that no loads from the roadbed,track,railroad traffic or casing pipe are transmitted to the
carrier pipe. When insulators are used on the carries pipe,the relationship of the casing size to the size of carrier pipe are:
Inside Diameter of
Diameter of Carrier Pipe Casing Pipe Equals
Outside Diameter of
Carrier Pipe Plus
0„-8„ y,
8--16- 3-I,'4"
Over 16", 4-1/2-
Casing pipe under railroad tracks and across railroad property shall extend to the greater of the following distances,measured at
right angles to centerline of tracks:
a. 2 feet(minimum)beyond toe of slope.
b. 3 feet(minimum)beyond ditch line.
C. 25 feet(minimum)each side from center line of outside track when casing is sealed at both ends.
d_ 45 feet(minimum)each side from center line of outside track when casing is open at both ends_
If additional tracks are constructed in the future,the casing shall be extended correspondingly.
5. Construction
Casing and pipeline installation should be accomplished by dry boring,tunneling,jacking or other approved methods. jacking or
tunneling construction methods under tracks will be permitted only under direct supervision of a Railway Company
Representative. Tunneling procedures and equipment, as well as structural design, must have the Railway Company approval
prior to starting any work on railroad property_ Generally,jacking or tunneling shall not be considered where less than 6 feet of
cover exists or where excessively sandy,loose or rocky soils are anticipated.
Rail elevations over the work must be monitored at intervals prescribed by the Railway Company to detect any track movement
Movements over 1/4"vertically shall be immediately reported to the Railway Company. Due to the danger to rail traffic that is
T_\Permits\E.h,bit B-(Flammable Products).d- 3 of 5
caused by only small amounts of track movement, Railway Company forces may have to be called to surface the track several
times.
The following requirements shall apply to these construchon methods:
a. The use of water under pressure (jetting) or puddling will not be permitted to facilitate boring, pushing or jacking
operations. Some boring may require water to lubricate cutter and pipe, and under such conditions, is considered dry
boring.
b. Where unstable soil conditions exist,boring or tunneling operations shall be conducted in such a manner as not to be
detrimental to the railroad being crossing.
C. If excessive voids or too large a bored hole is produced during casing or pipeline installations, or if it is necessary to
abandon a bored or tunneled hole,prompt remedial action should be taken by the Utility Company.
d. All voids or abandoned holes caused by boring or jacking are to be filled by pressure grouting. The grout material
should be a sand cement slurry with a minimum of two sacks of cement per cubic yard and a minimum of water to
assure satisfactory placement.
e. The hole diameter resulting from boring or tunneling installations shall not exceed the outside diameter of the utility
pipe,cable or casing(including coating) by more than 1 1/2 inches for pipes with an inside diameter of 12 inches or less,
or 2 inches on pipes with an inside diameter greater than 12 inches.
f. Pits for boring,tunneling or jacking should not be permitted within 25 feet of the track or closer to the railroad than the
toe of fill slopes, in fill sections or toe of shoulder slopes in ditch sections when pipes are allowed on the railroad
property.
6. Inspection and Testing
The execution of the work on railroad property is subject to the inspection and direction of the Roadmaster or his representative.
A signal representative from the Railway Company maybe present during installation if railroad signals are in the vicinity of the
construction with approved plans.
7. Seals
Where ends of casing are below ground,they shall be suitably sealed to outside of the carrier pipe.
1°lhere ends of carrier pipe are at or above ground surfaces,and above high water level, they may be left open,provided drainage
is afforded in such manner that leakage will be conducted away from railroad tracks or structures. Where proper drainage is not
provided,the ends of casing shall be sealed.
8. Vents
Casing pipe,when sealed,shall be properly vented. Vent pipes shall be of sufficient diameter,but in no case less than 2-inches in
diameter and shall be attached near each end of casing,projecting through ground surface at right-of-way lines,or not less than 45
feet(measured at right angles)from center line of track.
Vent pipes shall extend not less than 4 feet above ground surface. Top of vent pipes shall be fitted with downturned elbow
properly screened of a relief valve. Vents in locations subject to high water shall be extended above the maximum elevation of
high water and shall be supported and protected.
Vent pipes shall be at least 4 feet vertically from electric lines.
9. Depth of Installation
Casing pipe and carrier pipe should have a minimum depth of cover of 3 feet below ground surface, 5 1/2 feet from base of
railroad rail. Uncased carrier pipe shall have a minimum of 10 feet from base rail to top pipe.
For the pipe line laid longitudinally on railroad property, the minimum distance from the surface of the ground to the top of pipe
shall be 6 feet.
10. Shutoff Valves
T:\Permits\Exhibit 8-(Flammable Prod-t,).d- 4 of 5
Accessible emergency shutoff valves shall be installed within effective distances on each side of the railroad by the pipeline
company. Where pipelines are provided with automatic control stations,no additional valves shall be required.
Locating a shutoff valve on railroad property should be avoided. If approval is acquired,the shutoff valve must be protected by a
guardrail. The guardrail shall be 4 feet above the ground line. All four comer posts will be driven to a minimum depth of 4 feet
below ground line. There will be a minimum clearance of 2 feet from the valve to the guardrail. The steel pipe for the four comer
posts and guardrail will have a minimum diameter of 4 inches. All joints will be welded with 1/1 inch fillet weld all around_
11. Approval of Plans
Plans for proposed installation shall be submitted to,and meet approval of, BNSF before construction is initiated. Plans shall be
drawn to scale showing the relation of the proposed pipeline to the railroad tracks,angle of crossing, location of valves and vents,
railroad survey station, railroad property lines and general layout of tracks and railroad facilities. Plans should include a cross
section(or sections)from field survey showing pipe in relation to actual profile of ground and tracks. If open cutting or tunneling
is proposed,details of sheeting and methods of supporting tracks or driving tunnel shall be shown.
The plans should contain the following data for carrier and casing pipe:
Contents to be carried
Inside diameter
Pipe material
Specifications and grade of material
Wall thickness
Actual working pressure
Type of joints
Longitudinal joint factor
Coating
Method of installation
Ver.i;-number,size,height above ground
Seals-both ends,one end
Cover(base of rail to top of casing)
Cover (other than under tracks)
Cover(at ditches)
Cathodic protection
Type,size and spacing of insulators or supports
12- Changes and Noncompliance
It is the Utility Owner's responsibility to inform the BNSF in writing of any name,ownership or address change.
Nonc^moli.uncv with ap.-. terms of th:s Utili^:Accommodation Policy or Utility License Agreements may be considered as cause
for discontinuance of construction or operacons until compliance is assured. Continued noncompliance will result in the
revocation of the license. The cost of any work required by the BNSF in the removal of noncomplying construction will be
assessed against the utility owner-
November 1996
T:\Pe—,h\Exhibit B-(Flammable Prod—ft)_d- 5 of 5
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE BURLINGTON NORTHERN & SANTA FE RAILROAD COMPANY
i AND
THE CITY OF FORT WORTH, TEXAS
FORT WORTH, TEXAS SECTION. NIA V.- NIA
SCALE: I" = 400' TOWNSHIP: NIA MAP. NIA
TEXAS DIVISION RANGE NIA PARCEL: NIA
' FORT WORTH SUBDIVV, L.S. 7500
DATE 0810112000
1 AM
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City of Fort Worth, Texas
"611jor And Council 4:ommunlealflon
DATE REFERENCE NUMBER LOG NAME PAGE
4/10/01 **L-13025 60HARRIET I 1 of 1
SUBJECT ACCEPTANCE OF ONE PIPELINE LICENSE FROM BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY FOR HARRIET CREEK RANCH, PHASE II, BLOCKS
18-23 (DOE 3177)
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 $3,550, which includes a
processing fee and an $800 charge for participation in the licensor's blanket insurance policy.
DISCUSSION:
The agreement is required for the extension of sanitary sewer mains in northwest Fort Worth near the
intersection of SH114 and FM156 to accommodate the Harriet Creek Ranch, Phase II, Biocks 18-23
development. The developer has provided a check of $3,550 payable to the Burlington Northern and
Santa Fe Railway Company to satisfy this agreement.
The property is located in COUNCIL DISTRICT 2, Mapsco 642Q.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:k
Submitted for City Manager's
Office by:
Mike Groomer 6140
Originating Department Head:
Dale Fisseler 8207
Additional Information Contact:
Dale Fisseler 8207
FUND I ACCOUNT
(to)
(from)
CENTER I AMOUNT I CITY SECRETARY
VPROVED
CITY COUNCIL
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