HomeMy WebLinkAboutContract 18416 ,r
UNION PACIFIC RAILROAD COMPANY
CONTRACTS&REAL ESTATE DEPARTMENT
B.W.ZANDBERGEN
GENERAL DIRECTOR _ J.A.ANTHONY
( K DIRECTOR-CONTRACTS
D.D.BROWN
tt DIRECTOR-REAL ESTATE SALES
ROOM 1100,1416 DODGE STREET �' `? _: =-w 1, i4o. `
OMAHA,NEBRASKA 68179 D.H.LIGHTWINE
(402)271-3753 DIRECTOR-FIELD OPERATIONS
FAX(402)271-5493 APR 5 1991 R.F.NIEHAUS
DIRECTOR-SPECIAL PROJECTS
W.F SOMERVELL
DIRECTOR-JOINT FACILITIES
DRAINAGE & WATERWAYS
VPO FILE 249.94 CULVERT
800986 FILE NO
CITY OF FORT WORTH
MR. JAMES A. ANDERSON ,-.
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102
Dear Mr. Anderson:
Attached is your original copy of the agreement, fully executed on
behalf of the Railroad Company, for the installation of the culvert at Mile Post
249.94 for the City of Fort Worth, Texas. Thank you for enclosing your check
for $3,280.00.
Before any work may start on the Railroad right of way, please provide
a Certificate of Insurance covering the Railroad Protective Insurance and the
General Public Liability Insurance under the terms of the agreement.
The Railroad Company has authorized the installation of fiber optic
cable facilities on its property in certain areas. Prior to using the Railroad
Company's property covered herein, you should thoroughly review the terms and
conditions of this document and contact the Railroad Company at 1-800-336-9193
to determine if a fiber optic cable is buried on the subject property.
If this construction is to be done by a contractor, before work can begin,
the Contractor's Right of Entry Agreement must be executed by the contractor and
returned to me, together with their proof of insurance, as provided in Article 4
of this agreement.
All future insurance notices should be forwarded to:
Mr. Jim Anthony, Director of Contract
Room 1100
Union Pacific Railroad Company
1416 Dodge Street Ql F�.�ii "s� ► sL a,e
Omaha, Nebraska 68179
CITY
FT. �, .;, Ti_
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In accordance with the terms of this agreement, 72 hours in advance of
entering the right of way you should arrange to notify our Superintendent:
Mr. Bill Horton
Manager Administration
P. O. Box 9857
Fort Worth, Texas 76107
(817) 878-4547
In compliance with the Internal Revenue Services' new policy regarding
their Form 1099, this is to advise you that 43-1118635 is the Railroad Company's
correct Federal Taxpayer Identification Number and that Missouri Pacific
Railroad Company is doing business as a corporation.
If you have any further question please call me at 402-271-4309.
S' cerely yours,
Donald Abel
Contract Representative
sky
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1 1.
DRAINAGE & WATERWAY AGREEMENT y�,!
THIS AGREEMENT, executed in duplicate this r -' day of
1991, by and between MISSOURI PACIFIC RAILROAD COMPANY, a
Delaw re Corporation, hereinafter called 'Railroad', and CITY OF FORT WORTH, a
municipal corporation of the State of Texas, hereinafter called -Licensee-,
WITNESSETH:
R E C I T A L S
In order to improve drainage conditions in connection with the
Sunset Heights Floodway Improvements Project, in the vicinity of the
Railroad's Centennial yard, Vickery Boulevard and the Trinity River,
Licensee desires to: (a) excavate by tunneling method to construct
an underground 18'- 1" x 111- 10" pipe-arch culvert, located under the
Railroad's tracks and Centennial yard, a crossing of 450 linear feet
in length with concrete wing walls; (b) excavate and construct a 20'
flat-bottom concrete-lined drainage ditch channel from the pipe-arch
culvert to connect to an existing 8' x 8' box culvert drainage ditch;
to construct a concrete baffle outlet to discharge storm water into
the Trinity River; (c) excavate and construct an 8' flat-bottom
concrete lined drainage ditch channel to connect with an existing
concrete-lined drainage ditch channel located in the vicinity of
Vickery Blvd and the north side of the Railroad's property; (d)
construct and build a chain link fence on the open concrete drainage
channel; (e) construct two (2) 36" reinforced concrete pipe culverts
with inlets to discharge water into the open drainage ditch channel;
and (g) thereafter use and maintain all hereinabove at Licensee's sole
cost and expense, located on, under along and across the Railroad's
right of way at Mile Post 249.94 at Engineer Chainage Station
13197+09.4 in Tarrant County, Texas, at/or near Fort Worth.
Licensee has requested of Railroad a license in and to
certain of Railroad's right of way lands, at and in the vicinity of
said Milepost 249.94, in Tarrant County, near Fort Worth, Texas, in
order to permit the construction underground crossing of the 18' - 1"
x 11' - 10" x 450 linear feet pipe-arch culvert, wing walls, chain
link fence, and the encroachment and crossing of the open concrete
flat-bottom drainage ditch channel, and any appurtenances thereto as
part of the drainage improvements the Licensee desires to make and
thereafter maintain at Licensee's sole cost, to which Railroad is
agreeable but solely upon the terms and conditions hereinafter set
forth.
NOW, THEREFORE, in consideration of the premises and of the
promises and agreements hereinafter contained, the parties hereto
agree:
1. Railroad, solely to the extent of its right, title and interest,
without any warranty, either express or implied, hereby grants to Licensee, its
successors and assigns, a license and permission, subject to the terms,
conditions and reservations hereinafter set forth, to excavate, construct, and
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thereafter maintain and use, all at Licensee's sole cost and expense the
following:
(a) excavate by the tunnel method of construction, an 181- 1" x 11— 10"
pipe-arch culvert crossing 450 linear feet in length with concrete wing
walls to be located under the Railroad's Centennial Yard;
(b) excavate and construct a 20' flat-bottom concrete-lined drainage ditch
channel 489 linear feet in length from the pipe-arch culvert to connect to
an existing Railroad's 8' x 8' box culvert crossing; and to construct a
concrete baffle outlet located on and adjacent to the Railroad's of the
right of way, to discharge storm water into the Trinity River;
(c) excavate and construct a 8' flat-bottom concrete lined inlet drainage
channel 508 linear feet in length to connect with the existing drainage
channel from the 8' x 8' concrete box culvert, located in the vicinity of
Vickery Blvd and the North side of the Railroad's Centennial Yard;
(d) construct a chain link fence around the open concrete-lined drainage
ditch channel; and
(e) construct two (2) concrete inlets with 36 inch diameter reinforced
concrete pipe at open concrete-lined drainage channel at Station 6+05.53.
All hereinabove drainage improvements to be constructed on the
Railroad's right of way by Licensee are hereinafter collectively referred to as
the "Drainage Facilities') . The Drainage Facilities shall conform substantially
to specifications, notes and cross sections as shown on the Railroad's Chief
Engineer drawing dated October 10, 1990, as prepared in the Office of Chief
Engineer, Omaha, Nebraska and marked Exhibit "A" and attached hereto as part
hereof. Drainage Facilities is located on, under, along and across the
Railroad's property at Mile Post 249.94 in Tarrant County, in Fort Worth,
hereinafter referred to as 'Premises'. The approximate location of the Premises
is as shown on Exhibit "A".
2. This grant is expressly subject and subordinate to the present and
future right in Railroad, its successors and assigns, lessees, grantees and
licensees to maintain, use, operate, and renew on, beneath or above surface of
Premises any telephone, telegraph, power, communication or signal lines, poles
and/or appurtenances, fiber optic communications, tracks, roadways, pipelines,
structures, improvements or facilities of similar or different character, as now
located, and to construct, install, establish, and thereafter maintain, use,
operate and renew on, beneath or above the surface of Premises, any or all said
things provided the same do not materially interfere with Licensee's use of
Premises as hereinabove provided; provided further, however, the foregoing
conditions for future construction and installation shall not apply to railroad
tracks, which Railroad, its successors and assigns, shall have the right to
install, construct, maintain and operate on, over or under the Premises at any
and all times.
Upon the determination by Railroad that further tracks should be
built on the Premises and such future Railroad use will require encasement,_
reinforcement or modifications to the Drainage Facilities, the ' a.;pf
encasement, reinforcement or modifications shall be by Licensee.
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2 - ; f
3. This grant of license and permission is further subject to the
following terms, provisions and conditions, which Licensee hereby expressly
accepts, to wit:
(a) Licensee shall not begin, nor permit its contractor to begin, any
work of any nature whatsoever on or about Premises until Licensee
or its contractor shall have given Railroad's Superintendent of
Transportation Services, or his authorized railroad
representative at least 72 hours' written notice in advance of
starting same;
(b) Licensee or its contractor shall perform its work hereunder at
such time and in such manner as shall be agreed upon between
Licensee and Railroad's Superintendent of Transportation Services
or his duly authorized representative. During the entire
progress of Licensee's work on or about Premises, Licensee or its
contractor shall maintain contact and liaison with Railroad's
authorized representatives so as to ascertain the time of passage
of trains at the site of Licensee's work and so as to permit free
and safe flow of railroad traffic. All work of Licensee shall be
performed without interference with Railroad's tracks and
operations and Railroad's and its lessees' or licensees'
structures or facilities. Licensee or its contractor shall use
care in protecting Railroad's and other's property and in
avoiding accidents. Licensee shall leave Premises in a condition
satisfactory to Railroad's authorized representative;
(c) Licensee shall, at its sole cost, operate and maintain the
Drainage Facilities in good and safe condition and keep same free
and clear of debris, sediment or obstructive matter which may or
could interfere with or impede the proper functioning thereof;
(d) Licensee shall, at Licensee's sole cost and responsibility,
remove such of Railroad's right of way fence, as may be required
in the performance of its work hereunder, and upon conclusion of
said work, permanently reinstall said fence to the satisfaction
of Railroad's Superintendent of Transportation Services and or
his duly authorized representative; and
(e) Licensee shall, at Licensee's sole cost, risk and responsibility,
furnish or do, or cause to be furnished, or done, any and all
things required under this agreement; when and where as from time
to time require to be accomplished. Said things, including the
time and manner of doing any work, shall conform to the
requirements of the Railroad as well as of any State, Federal, or
Municipal authority.
MY 2
FT. WORTH, TEX.
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4. (a) All work by or on behalf of Licensee on the Railroad property
shall be performed by Licensee's at Licensee's own expense and without expense
to the Railroad. All references herein to work of Licensee shall include such
work, whether performed by Licensee or Licensee's agents, employees or
contractors.
(b) The Licensee shall require that any contractor(s) that will
be performing any work on Railroad's Property in connection with the
construction of the Drainage Facilities to execute a separate Contractor's
Right-of-Entry Agreement with the Railroad. By Licensee's execution of this
Agreement, the Licensee shall comply with all applicable Federal, State and
local laws, regulations and enactments affecting the work. The Licensee shall
use only such methods as are consistent with safety, both as concerns the
Licensee, the Licensee's agents and employees, the officers, agents, employees
and property of the Railroad and the public in general. The Licensee (without
limiting the generality of the foregoing) shall comply with all applicable State
and Federal Occupational Safety and Health Acts and regulations. All Federal
Railroad Administration Regulations shall be followed when work is performed on
the Railroad's property.
5. In addition to the requirements set forth elsewhere in this
Agreement, Licensee shall submit the design of Drainage Facilities to Railroad's
Chief Engineer of Design Services, or his duly authorized representative, for
approval. No work shall be performed in connection with Drainage Facilities
prior to receipt of Railroad's approval. No approval by Railroad of Licensee's
or its contractor's plans shall relieve Licensee or its contractor of any
responsibility or liability hereunder. Subsequent to installation of Drainage
Facilities, Premises shall be restored to a condition satisfactory to Railroad's
Superintendent Transportation Services or the duly authorized representative.
Before excavation for the tunneling pits, detailed plans and
calculations for the shoring of the tunneling pits will need to be submitted for
approval by the Railroad. Furthermore, the tunneling pits must be located no
closer than 30 feet from the centerline of the track when measured at a right
angle to the track.
(a) . Grout ports will be included in the pipe-arch culvert design and
grouting will be employed to ensure uniform bearing between the culvert and the
surrounding soil along the entire length of culvert.
(b) . Detailed plans of the headwall and the tunneling procedure will
be submitted for Railroad approval prior to construction by Licensee, or its
Contractor.
(c) The Contractor or Licensee are required to ` �
a3ti*� �,)?t. b
protection around the excavation site at all times.
In the event of any settlement of Railroad's embankme t caus�gc�,l .
open excavation, or construction of the Drainage Facilities ag.h�sic�li4i�b��
provided, and any improper backfilling thereof, Licensee, at it4--1ci€cost and
expense, agrees to restore, or cause to be restored, Railroad's embankment to
its proper grade and dimensions. There will be no open trench excavation of the
Railroad's tracks during construction of Drainage Facilities.
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6. Licensee, without any cost or expense to Railroad shall furnish or
cause to be furnished the necessary labor, material, equipment and
instrumentalities and shall perform or cause to be performed all the work of
constructing, excavating and installing said Drainage Facilities.
7. Licensee hereby agrees that it or its contractor, during the
performance of excavating, constructing and maintaining the Drainage Facilities,
or any part thereof, will keep its employees, material and machinery within the
defined area of the Premises and at least twenty five (25) feet from the
centerline of Railroad's nearest track at all times, except when performing
necessary work within the twenty-five (25) feet. For work within the twenty
five (25) feet a Railroad Flagmen must be present at all times and there shall
be no crossings of Railroad's tracks except at existing, open, public crossings
with men and machinery.
8. During any periods when work is being performed on or adjacent to
Premises by Licensee or its contractor in connection with the excavating and
constructing of Drainage Facilities, Railroad is authorized to furnish flagmen
or other protective services or devices and to take such other action as in
Railroad's opinion may be necessary for Railroad's protection in the conduct of
railroad operations; and Licensee, upon receipt of bill therefor, shall
reimburse Railroad for any costs so incurred, such cost to be computed in
accordance with Railroad's customary practices. The providing of this service
shall not relieve Licensee or its contractor of any responsibility or liability.
9. Licensee shall procure, or require any contractor engaged or
employed to perform any work hereunder on behalf of Licensee on any part of
Premises to procure, and keep in effect during the period of such work, Worker's
Compensation Insurance in statutory limits, and Contractor's Public Liability
Insurance providing for a limit of not less than $2,000,000 for all damages
arising out of bodily injuries to or death of one person and subject to that
limit for each person, a total limit of $4,000,000 for all damages arising out
of bodily injury to or death of two or more persons in any one occurrence, and
Property Damage Liability Insurance providing for a limit of not less than
$2,000,000 for all damages arising out of injury to or destruction of property
in any one occurrence and, subject to that limit per occurrence, a total (or
aggregate) limit of $4,000,000 for all damages arising out of injury to or
destruction of property during the annual policy period. If any part of the
work is sublet, similar insurance shall be provided by or on behalf of the
Subcontractors to cover their operations. Any limitation in the foregoing.,
insurance which excludes work performed within fifty (50) feet s€-t "ra
track shall be exempted out of said policies.' ;- rR'� �� ; �t����+ '
10. In addition to the insurance provisions set for RJ
hereof, Licensee shall further require any contractor engaged or ems d
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perform any of the work referred to herein on any part of Rai rc' d'�; e
covered by this agreement to procure and keep in effect durin --t�r�-p'eriod of
such work Railroad Protective Liability Insurance, in form set forth in Federal
Highway Program Manual, Volume 6, Chapter 6, Section 2, Subsection 2, dated
October 25, 1974, issued by Federal Highway Administration, as amended, on
behalf of Railroad, in amount of $2,000,000 combined single limit per occurrence
for bodily injury, death and property damaged, with an aggregate limit of
$6,000,000 for the annual term of the policy; such insurance shall be in form
and in a company satisfactory to Railroad; and Licensee or its contractor shall
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not attempt to perform any work on or about Premises until notified by Railroad
that the Railroad Protective Liability policy required hereunder is in form
satisfactory to Railroad.
11. Licensee further hereby agrees that Railroad shall not, at any
time, be required to bear or assume any cost or expense in or incident to the
construction, operation and maintenance of the Drainage Facilities; Licensee
hereby expressly agrees to bear and assume all such cost and expense.
12. Licensee hereby agrees to bear and assume any and all costs or
repairing or replacing any property of Railroad or others damaged or destroyed
in connection with the performance of any work hereunder by or on behalf of
Licensee, or as a result of the exercise of the rights herein granted.
13. To the extent that it may lawfully do so, Licensee (for the
purposes of this paragraph shall be deemed to include Licensee and Licensee
agents, contractors and subcontractors) hereby assumes and discharges Railroad
from, and shall defend, indemnify and save harmless Railroad from and against,
any and all claims, suits, damages, costs (including attorneys' fees) , losses,
outlays, and expenses of any nature whatsoever (1st) in any manner resulting
from, arising out of or incident to the installation, construction, maintenance,
repair, reconstruction, removal, use or existence of Drainage Facilities and
appurtenances thereto, or any part thereof, including the breaking of any part
thereof and any leakage therefrom, (2nd) grounded upon the effect at any time
of any water which, because of or incident to the construction, excavation,
operation, maintenance or existence of Drainage Facilities, or any part thereof,
shall flow upon the lands, crops or improvements of any person or party, or
(3rd) resulting from or growing out of any failure of Licensee to comply with or
perform any of the obligations, terms or provision on Licensee's part to be
complied with or performed hereunder. Licensee further agrees to assume all
risk of loss or damage to Drainage Facilities regardless of how caused;
provided, however, the foregoing indemnification provisions shall not apply to
any claims, suits damages, costs, losses, outlays and expenses for which
Railroad shall have been fully compensated through insurance required of
Licensee's contractors as per Sections 9 and 10 hereof.
14. (a) This agreement shall begin with the date first hereinabove
written and continue thereafter for so long as Premises shall be used for the
purposes set forth herein; provided, however, if Licensee shall abandon the use
of the Premises, or any part thereof, for such purposes, this license and
permission and the rights and privileges granted hereby as to the portion or
portions so abandoned shall expire and terminate at the time each such portions
shall be abandoned; whereupon Railroad shall have the same complete title to
Premises so abandoned as though these presents had never been executed and the
right to enter thereon and exclude therefrom Licensee, its success--and
assigns.
(b) In the event that the Premises are requir d fQr� Rsia
purposes, Railroad may upon no less than six month's written not'*iAo e,•
require encasement, reinforcement, or other modification t h , „� in
Facilities in accordance with Railroad's reasonable standa �j`
accommodate Railroad's use of the premises. The encasement, reinforcement
and/or modification shall be at the expense of Licensee. Provided, however,
that this requirement shall apply only in cases of strict necessity and shall
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never be constructed to allow a Railroad use which would defeat the fundamental
purposes of the Drainage Facilities constructed by Licensee on the Premises.
15. The rights herein granted by Railroad are limited to such right,
title or interest as Railroad may have in Premises and are made without any
warranty, express or implied. It is understood by the parties hereto that such
rights are granted subject to the existing rights therein of any third party, if
any. It shall be Licensee's sole obligation to obtain such additional
permission, license and grants as may be necessary on account of any such
existing rights. No damages shall be recoverable from Railroad because of
dispossession of Licensee or because of failure of, defect in or extinction of
Railroad's title.
16. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Railroad'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
Railroad at 1-800-336-9193 (a 24-Hour number) to determine if fiber optic cable
is buried anywhere on the Railroad's premises to be used by the Licensee. If it
is, Licensee will telephone the telecommunications company(ies) involved,
arrange for a cable locator, and make arrangements for relocation or other
protection of the fiber optic cable prior to beginning any work on the
Licensor's premises.
(b) In addition to other indemnity provisions in this Agreement, the
Licensee shall indemnify and hold the Railroad harmless from and against all
costs, liability and expense whatsoever (including, without limitation,
attorney's fees, court costs and expenses) arising out of any act or omission of
the Licensee, its contractor, agents and/or employees, that causes or
contributes to (1) any damage to or destruction of any telecommunications
systems on Railroad's property, and (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 Railroad's property. Licensee shall not
have or seek recourse against Railroad 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 Railroad's property or a customer or
user of services of the fiber optic cable or Railroad's property.
17. This agreement and all of the covenants and conditions hereof
shall inure to or bind each party's successors and assigns; provided: no right
of Licensee shall be transferred or assigned, either voluntarily or
involuntarily, except by express agreement acceptable to Railroad. Either party
hereto may waive any default at any time of the other without affe ' qi, or
impairing any right arising from, any subsequent or other defa 'I-t-- � . .) p rr
18. All insurance correspondence shall be directed t -,.�Tnivn' h cl
Railroad Company, General Director of Contracts and Real Es "!j 1416 "Dod e�
Street, Omaha, Nebraska 68179.
19. Licensee, when returning this agreement to Rairroad (signed) ,
shall pay to the Railroad THREE THOUSAND TWO HUNDRED EIGHTY DOLLARS ($3,280.00)
for a one-time fee for the License and permission herein granted; and shall
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cause same to be accompanied by such order, resolution, or ordinance of the
governing body of Licensee, passed and approved as by law prescribed, and duly
certified, evidencing the authority of the person executing this agreement on
behalf of Licensee with the power to do and which shall certify that funds are
available and have been appropriated for the payment of any sums agreed to be
paid by Licensee hereunder.
IN WITNESS WHEREOF, the parties hereto have duly executed this
agreement as of the day and year first hereinabove written.
MIS PACIFIC RAILROAD COMPANY
BY:
Genera Di a for of Con acts and Real Estate
ATTEST• CITY OF FORT , 1;
BY: ��.
!title: , `, Title: Mike Groomer
Assistant City Manager
(seal)
APP M, AS To FORM AND IOGALITY:: Ci)ati-auG AuLhorizai;ion
Assistant City A orney Date
1 •pan � �:5.5
8 -
City of Fort W®rt i, exas `
Mayor and Council C®Tm nication
DATE REFERENCE SUBJECT:SUNSET HEIGHTS DRAINAGE RELIEF PAGE 2
NUMBER TUNNEL UNDER THE CENTENNIAL YARD
12-18-90 **C-12656 MISSOURI PACIFIC RAILROAD ' °f -
RECOMMENDATION:
It is recommended that the City Council :
(1) approve the following bond fund transfer:
FROM TO AMOUNT REASON
GS67-020670371270 GS67-020670288750 $3,280 To provide funding
Como Lake Dam Sunset Heights for construction
Railroad Culvert and fees.
(2) authorize the City Manager to execute a Drainage and Waterway Agree-
ment with the Missouri_Pacific_ Rai_1_road providing for the construction
of a culvert under the Railroad' s Centennial Switching Yard and pay-
ment of required license fees in the amount of $3,280, all in con-
junction with storm drainage improvements for Sunset Heights.
BACKGROUND:
The City of Fort Worth has been negotiating for some time with the Missouri
Pacific Railroad for permission to tunnel underneath the railroad' s Centen-
nial Switching Yard with an arch culvert approximately 18 ft. wide and 12
ft. high. The purpose of the culvert, the cost of which is estimated at
$1.2 million, is to partially relieve flooding in the Sunset Heights subdi-
vision. The major design concerns of the Railroad have been satisfied. A
license agreement which spells out the terms under which the City of Fort
Worth may install the culvert has been developed. The major provisions are:
1. The City shall not begin work without 72 hours prior notice, and
shall maintain liaison with the Railroad during the entire period
of construction.
2. The City shall operate and maintain the culvert in a good and
safe condition.
3. The City shall do whatever is required to install the culvert in
conformance with Railroad requirements.
4. The City shall bear all costs of the culvert installation and
shall require its contractor to execute a standard Right-of-Entry
agreement prior to beginning work.
5. The Railroad reserves the right to approve the City' s drainage
design and the contractor' s tunneling and shoring plans.
i
DATE NUMBER REFERENCE SUBJECT: SUNSET HEIGHTS DRAINAGE RELIEF PAGE
12-18-90 **C-12656 TUNNEL UNDER THE CENTENNIAL YARD 2 of 2
6. The City agrees to pay the cost of protective measures required
by the Railroad such as flagmen.
7. The City shall require railroad protective liability of its con-
tractor, as well as all other standard forms of insurance.
8. The City agrees to indemnify the Railroad for the existence,
operation, repair, etc. of the storm drain culvert to the extent
that it is able to do so.
9. City agrees to protect fibre-optic cable that may be on site.
FINANCING:
Sufficient funds are available for transfer in Street Improvement Fund
GS67, Center No. 020670371270, Lake Como Dam. Upon approval and completion
of Recommendation No. 1, sufficient funds will be available in Street
Improvements Fund GS67, Center No. 020670288750, Sunset Heights Railroad
Culvert. Expenditures will be made from Account No. 541200.
MG:c
20sunset
APPROVED
CITy COUNCIL
DEC 18 1990
4A*0
To-*
SUBMITTED FOR THE
CITY MANAGER'S Mike Groomer 6122 GER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE_ --- ❑ APPROVED
ORIGINATING p [3 OTHER (DESCRIBE)
DEPARTMENT HEAD: Gary Santerre 7800 CITY SECRETARY
FOR ADDITIONAL INF RMATAON
CONTACT: Qim Anderson 7906 DATE