HomeMy WebLinkAboutContract 36857 7"nNTRACT No.
CITY SECRETARY 3W
PL X 940206
City/Fort Worth,Texas 2005(Revision 1 Oil 9/2006) AUDIT
Form Approved,AVP-Law �J i
Folder No. 2449-29
PIPELINE CROSSING
AGREEMENT
Mile Post: 241.73,Ft Worth Subdivision
Location: Fort Worth,Tarrant County,Texas
THIS AGREEMENT is made and entered into as of November 6, 2007, by and between
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and
CITY OF FORT WORTH, TEXAS, a Texas municipal corporation to be addressed at 1000
Throckmorton, 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 Five Hundred Forty Dollars ($2,540.00).
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/an
encased potable water pipeline crossing(hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached
print dated November 6, 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 contra r is to do any of the work performed on the Pipeline (including initial construction
and subsequent relo ation or substantial maintenance and repair work), then the Licensee shall require its
contractor to el ut the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges
_;ii(
92:078 68 A23179EF
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:
Tom Judkins
Folder No. 2449-29
Union Pacific Railroad Company
Real Estate Department
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.
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:
-Contracts Fernando Costa, Acting -
/�s>�• Assistant City Manager -
Date: 308/08
Attested By. APPROVED AS TO
` FORM A' LEGALITY:
_._..
Marty Henflri:� ✓�
City Secreta,; ASSISTANT CITY ATTORNEY
_ L— 1 L44toS
Contract Authorization
'1 ;a
Date
www.uprr.com
ENCASED NON-FLAMMABLE
PIPELINE CROSSING
izv/ NOTE: ALL AVAILABLE DIMENSIONS MUST BE
NO SCALE FILLED IN TO PROCESS THIS APPLICATION.
RR'S R/W
_FT. 195 FT.
f F7. �— FT.
vim~ T (SEE NOTE 3 B 5) (SEE NOTE 3 8 S) 50 FT.
pQ ■
t� 90 - o
BURLESON FORT WORTH nor Ii a _
TO 1 (ANGLE OF CROSSING) ¢J TO
(NEAREST R.R. TOWNI FL MAIN TRACK )NEAREST R R. TOWN)
i
E. MAIN ST Sycamore School Rd
(OESCRIBE FIXED OBJECT DES JBI- FIXED OBJECT
(SEE NOTE 6) (SEE NOTE S I
a.
q `�Q A,'C'= )DISTANCE ALONG TRACK FROM SECTION LINE CROSSING) 50 FT.
FT.
(NOTE: THIS DIMENSION REQUIRED IN ALL CASES.
AT LOCATIONS NOT USING SECTIONS, DISTANCE
10 A LEGAL SURVEY LINE IS REQUIRED)
RR'S Riti_
50 FT. _FT. 50 FT
STEEL CASING WALL
MIN. DIST SURFAACE 1t THICKNESS CHART
IF (See Note 2) MINIMUM DIAMETER 0
1 SUBGRACE 1 THICKNESS CASING PIP
ROADBED .25W 114- t2" OR LES
1 I 1 .3125" 5/16- OVER 12"-1
9.2 FT .3750- 3/8' OVER 18"-2
7 8 14.5 FT MIN.) 6.5 .4375" 7116' OVER 22"-2
(to Fr. Max.) SEAL cas[Nc •5000" 112- OVER 28--3
SEAL CASING >� CASING PIPq(See Note 4) (3 FT. MIN.) ) .5625" 4/16" OVER 34"-4
♦ O .6250" 5/8' OVER 42"-4
�_�_ . .. -- ------,------T----------- -— OVER 48' MUST BE
/ ———I— — I —{- CARRIER PIPE ——♦ APPROVED BY R.R. CO.--- ——— — -- ---------
/ NOTE: THIS CHART IS ONI
0 / ' ♦ B FOR SMOOTH STEEL CASIN
1 ♦ 1 PIPES WITH MINIMUM YIEL
STRENGTH OF 35,000 PSI
1 i Z e IS FT.—i , (
S Fr. 62.5ft 62.5ft r FORMULA TO FIGURE CASINO
125 FT I LENGTH WITH ANGLE OF
CROSSING OTHER THAN 90°
125 FT B .r
NOTES (CASING LENGTH WHEN MEASURED ALONG.PIPELINE.) (0 SIN
It ALL NOR IZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM 4. OF TRACX.
21 CASING TO EXTEND BEYOND THE E OF TRACK AT RIGHT ANGLES THE GREATER Of 20• 20 FT., OR 30 FT., `�I,``'G B
A1O BEYOND LIMIT OF RAILROAD RIGHT-OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK.
31 MINIMUM OF SW FROM THE END OF ANY RALLROAO BRIDGE. 4: OF ANY CULVERT. OR FROM ANY SWITCHING AREA. `t~ MINN.D t5
41 SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. TRACK
31 ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; Q OF ROAD CROSSINGS B OVERHEAD VIADUCTS(GIVE ROAD NAME), OR CULVERTS.
61 CASING AND CARRIER PIPE MIST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVAT(ON REQUIRED WITHIN
S FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG.
A) 15 PIPELINE CROSSING WITHIN DEDICATED STREET ? X YES;_NO; EXHIBIT „A"
B) IF YES, NAME OF STREET W. RISINGER RD IFOA RA(LAQAD VSE ONLY)
D) DISTRIBUTION LINE OR TRANSMISSION LINE X
C) CARRIER PIPE : UNION PACIFIC RAILROAD CO.
COMMODITY TO BE CONVEYED POTABLE WATER ��(�/��,. .mot
OPERATING PRESSOR�F■9_PSI 12' Ductile/PVC, —��'0f �
WALL THICKNESS 3B ;DIAMETER (MATERIAL , 1 Irl
El CASING PIPE : Steel Me P Zq ■`73 E. S. S111120 t
WALL THICKNESS 5/8 :DIAMETER 20 ;MATERIAL ;NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED AL CROSSING Al
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF
CARRIER PIPE AND INSIDE OF CASING PIPE. .■EARCir Cim I COUNTY.
F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): � �
X DRY BORE AND JACK (_WET BORE NOT PERMITTED) ; IAPP,IC—T.
TUNNEL ; OTHER RR FILE N0. •� DATE Il-6-o7
G) WILL CONSTRUCTION BE BY AN.OJI95 OE CONTRACTOR? X YES;_J10;
H) DISTANCE FROM CENTER LINE-OF-•TR CK TO NEAR FACE OF BORING AND IN A R N I N G
JACKING PITS WHEN.MEASUREP¢ }T RIGHT ANGLES TO TRACK 63'
I) APPLICANT HAS CQNTACTEDf IN$ 3tOT
6-9193, (30, MIN.) IN ALL OCCASIONS, U. P. COMMUNICATIONS
U. P. COMMUNICATION DEPAf21T, ND HAS DETERMINED FIBER OF DEPARTMENT )UST BE CONTACTED IN ADVANCE
OPTIC CABLE DOESANY VOW TO DETERMINE EXISTENCE AND
DOES ; EXIST ST 1 N VICINITY C 1 N I TY OF LOCATION of FIBER OPTIC CABLE.
WORK TO BE PERFORMED ;_DOES
PHONE I I-9W336-9193
PL X 980112
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 wirelines, 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.
�j �'f?
plx.exb l� U bN
1
__ Exhibit
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) If at any time during the term of this License, Licensor shall desire the use of its rail corridor in
such a manner as would, in Licensor's reasonable opinion, be interfered with by the Pipeline, Licensee
shall at it's sole expense, within one hundred eighty (I80) days after receiving written notice from
Licensor to such effect, make such changes in the Pipeline, as in the sole discretion of the Licensor may
be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without
limitation, the relocation of the existing or the construction of a new Pipeline(s).
(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, curt costs and expenses) arising out of or caused in any way by Licensee's
plx.exb
Exhibit B
PL X 980112
Special version City/FtWorth
Form Approved,AVP-Law
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.
(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 injuri, 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
plx.exb
Exhibit B
PL X 980112
Special version City/FtWorth
Form Approved,AVP-Law
contained herein shall ever be construed so as to require Licensee to assess,collect or levy any tax to fund
its obligations hereunder.
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.
'D
`J
�f
ryIJ �f
plx.exb
Exhibit B
PL X 980112
Special version City/FtWorth
Form Approved,AVP-Law
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.
Section 13. TERMINATION.
(a) This License shall commence on the date of execution by both parties and shall continue for a
period of Twenty-Five (25)years, subject to prior termination as hereafter described, and shall continue
thereafter on a month to month basis unless terminated by either party giving thirty days prior written
notice.
(b) 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
• PL/WUDRAINAGE INS. ,
Form Approved,AVP-Law Updated 03/01/2003
*City to attach special Exhibit C,which ids their self insurance statement.
WORTH
o At.Is
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.mckenzie0f—Qrtworthgov.org
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 O FORT WORTH*1000 THROCKMORTON STREET*FORT WORTH,TEXAS 76102
!t UZ�a (817)392-8492* FAX(817)392-5874
FORTWORTH
uo
March 19, 2008
Beverly Kubat
Union Pacific Railroad Company 4
Real Estate Department 3 s
1400 Douglas Street Stop 1690
Omaha,NE 68179-1690
R
RE: UP Water Pipeline Agreement
Folder No. 2449-29
DOE# 5630 Project Manager Robert Sauceda
Dear Beverly:
Attached are the below listed items regarding the above mentioned UP Water Pipeline
Agreement. If you should have any questions or should need anything else,please feel
free to contact me at (817) 392-2311.
• 2 Original Pipeline Agreements—fully executed*
• City of Fort Worth Check# 1020165 in the amount of$2,540.00
• 2 Contractor's Right of Entry Agreements
• City of Fort Worth Self-Funded Proof of Insurance
* Please note letter of instruction from the City Secretary's Office indicating that 1
original fully executed license agreement must be returned for final processing purposes.
Thank you for your attention regarding this matter.
Laura B. Chavez
Real Property Services Division
CC: City of Fort Worth—DOE/PM Robert Sauceda
Ci Secretar 's Office—Allison Tidwell
ENGINEERING DEPARTMENT
a REAL PROPERTY SERVICES
THE CITY OF FORT WORTH * 900 MONROE STREET,SUITE 302 * FORT WORTH,TEw 76102-6302
817-392-8362 * Fax 817-392-8361
CJ Printed on recycled paper
FORTWORTH
INTEROFFICE MEMO
TO: Laura B. Chavez,Real Property
FROM: Allison Tidwell, City Secretary's Office
DATE: March 20, 2008
SUBJECT: RAILROAD LICENSE AGREEMENT,UNION PACIFIC TRACKING NO.
02449-29, DOE 45630,M&C L-14454
These documents are being forwarded to you for original signature from Union.Pacific Railroad
Company. All signed copies of the contract must be returned with original signatures for final
processing.
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions,please call me at 817-392-6154.
Attached: 2 Sets
�1VI
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/22/2008
DATE: Tuesday, January 22, 2008
LOG NAME: 30UPRR S FW REFERENCE NO.: **L-14465
SUBJECT:
Authorization to Enter into a Pipeline Crossing License Agreement with Union Pacific Railroad for a
12-Inch Water Pipeline Located at Milepost 241.73 (DOE No. 5630, No. 02449-29)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a Pipeline Crossing
License Agreement with Union Pacific Railroad Company for a 12-inch water pipeline for a one-time cost of
$2,540.
DISCUSSION:
The proposed Pipeline Crossing License Agreement is required to complete the construction of a water
transmission main. The water transmission main is needed to supply water to south Fort Worth.
The 12-inch water pipeline is necessary to support the increase in capacity to support the expansion and
increase in population in the southern boundaries of Fort Worth. This water line will support our existing
customers residing south of Interstate 20 to Burleson and adjoining cities in conjunction with the current
needs and future development plans for these areas.
Union Pacific Railroad has accepted our Certificate of Self-Insurance. The City will incur all costs
associated with this License Agreement.
The property is located in COUNCIL DISTRICT 6, Mapsco 104V.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, in the
Capital Water Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P264 541100 608140030341 $2,540.00
Submitted for City Manager's Office by: Marc A. Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: Lisa Scotford (8364)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/3/2008
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http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/3/2008