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Home My WebLink AboutPW1997-0300 - Original - Union Pacific Railroad Company - Water Pipeline Crossing Agreement - 09/19/1997 PLX.DOC 890707 Folder No. 1601-85 Form Approved,AVP-Law PIPELINE CROSSING AGREEMENT Mile Post 165.91,Seattle Subdivision Location:Kent,King County, Washington THIS AGREEMENT is made and entered into as of the�-day of r , 199�, by and between UNION PACIFIC RAILROAD COMPANY, a Utah corporation(hereinafter the Licensor) and CITY OF KENT, a municipality to be addressed at 220 4th Avenue South, Kent, Washington 98032-5895 (hereinafter the Licensee). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: ARTICLE 1 -LICENSE FEE Upon the execution of this Agreement, the Licensee shall pay to the Licensor a license fee of TWO THOUSAND ONE HUNDRED FIFTY TWO DOLLARS($2,152.00). ARTICLE 2-LICENSOR GRANTS RIGHT In consideration of the license fee to be paid by 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 one underground 10" water pipeline crossing(hereinafter called the Pipeline)in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated August 26, 1997 and marked Exhibit A. ARTICLE 3 -RUSH HANDLING FEE Upon the execution of this Agreement, the Licensee shall pay to the Licensor a fee of ONE THOUSAND DOLLARS ($1,000.00) for the Licensor expeditiously handling the review, approval, and preparation of the documentation necessary for this agreement and in a time frame which will allow the Licensee to install its facilities within the Licensee's short construction schedule. ARTICLE 4-CONSTRUCTION iYLAINTENANCE 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 5 -TERM This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. ARTICLE 6-IF WORK IS TO BE PERFORMED By CONTRACTOR If a contractor is to do any of the work performed on the Pipeline(including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Articles of Agreement Page I of 2 PLX.DOC 890707 Folder No. 1601-85 Form Approved,AVP-Law Licensoe's form Contractor's Right of E=Agreement. Licensee acknowledges receipt of a copy of Contractor's Right of EntryAgreement and understanding its terns,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 Envy Agreement. ARTICLE 7-INSURANCE The Licensee,at the Licensee's own sole cost and expense, shall provide to the Licensor a Certificate of Insurance certifying to the effectiveness of insurance as follows: General Public Liability providing bodily injury and property damage coverage with combined single limit of at least$1,000,000 each occurrence, a portion of which may be self-insured with the consent and approval of the Licensor. Such insurance shall be endorsed to provide contractual liability assumed by the Licensee under this Agreement, and that coverage shall not be cancelled or changed without giving thirty(30)days'prior written notice to Licensor,c/o Manager-Insurance,File No. 1601-85, 1416 Dodge Street,Omaha,Nebraska 68179. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY c-� DIRECTOR-CONTRACTS WITNESS: CITY OF KENT X�` � X brIkA Title: =. U 01CAL,1Lv Articles of Agreement Page 2 of 2 PLACE ARROW INDICATING NORTH FORM OR-O"OZB I DIRECTION RELATIVE TO CROSSING REV. 10 -1-93 o / j �4Z�� APPLICATION FOR ENCASED I• NON-FLAMMABLE PIPELINE CROSSING yv NOTE: ALL AVAILABLE DIMENSIONS MUST BE � �F NO SCALE hLL E0_ IN TO PROCESS-TNIS APPLICATION. --��•� -�lxs 47L5 [S r N� * FT. FT. to ti� FT. FT. . . I sit Mort D A S) A S) , 58 FT. F Auburn a 00 . 00' . 00" . Renton --TIC/ S .Ic a nl°aslNal if B ro —�s (MAIN TGAa l,�/IM R.AL TOM) �4 a � �M Brid e}Pier v.sPg Bride Pier f Wisu NOTE S) 4� r v 'V N OtsTAMCE ALONG rum Pal sWtgl� FT. • . INDTLI T141,Maslow Km 11E0 IN ALL CASES. AT LOCATIONS MOT USING SCTIONL DISTANCE TO A ALGAL SNSYE'I LINE Is fE01114111111 _ 42 FT. 0 FT. 7SIGN"AN 58 ! STEEL CASING WALL Montt THICKNESS CHART , TNICX111M CASING PIPE ROARED zmv! I :31 rJ' w l it OIIEit I r-N O- 11.3 FT. ( .3Ts0' 311- oAIEII Ir-22, (A.S-DT &IUL) .13TT T/1 P OM 2r-2r i 4.6 rT. 120 rr. N.L) Sm CASING •mw 1rr om 2P-3P :m CASING CASING 014(see MON AI (s ) •' ' Si1P Gt1ER 31'-t2' .i2W WIr O1NfJ1 4r-4r dnnal Pipe 1M�0 tm ST R.IL CO. ® NFmai 1f00rNs Cow is OOLT STEEL CASIIW, i PINES WIT" HINIWI TIELO STRENGTH Or Is.000 PSI. 49.34 49_34T. —_� �._ _FT. FONAILA TO FIGM CASING I 8.68 FT. I LENGTH WITH ANGLE of CROSSING OTHER THM W 8.68fT. e nOTE3: (CASING LENGTH ONbi 29ASUM ALCM PIMLIML) l� ALL HORIZONTAL OtSTAMM To 89 MVitom AT alowr Amet3 raw f Or TIM106 2: CASING To ..ww off"m THE f v Ti1A6 AT RtaMr AMtit3 THE OIIEATWI Or 20• 20 rT.. OR 30 VT.. `� 9 AM KVGMW LIMIT Or SAILOW GtaNT-GP-MT IV NECESSnn TO PMIOE N1110IJA L0101 O/RIGE Or MAM is• rNNNWIt Or s0' /aN THE INS or am MAILMO SPIN& f or "" CILVWI►. OR OWN AM► SMtTCNIMG ARL46 A• SIGNAL GOOMEMNATIINE WAY EE 64951017 0I011 1 iorm.LATION IV MAILAOAo SIOHALS ARE !M ING rlCtNtn NX CMM,NL ALLMIMLL Fix=06RCT6 INCUOC 810111 AS Or O1IO0ist f OP MONG CmESINas G "01"EAO VIMKTS N Give NIOAa ""1. o0 CILVV"% 61 CASING US CARNIEA PIPE WST EE PLM=A MtM1YY Or 2 rEET ELOO ING ESISTtMG FIM OPTIC CAO.L ANT EiCAMATt4 N M WIM VtTNIin S VW NK THE pllsrlNO 9111111111 wrtC emu NOT` K "a°IRA IS PIPELINE CROSSING WITHIN DEDICATED STREET ? X YES;_N0; EXHIBIT 3) IF YES. NAME of STREET South 262nd Street �j , f&Ufaw M.OL" DISTRIBUTION LINE Y OR TRANSMISSION LINE c) CARRIER PIPE : PACIFIC RAILROAD CO. COMMODITY TO BE CONVEYED water OPERATING PRESSltE -,._PSI 10° Ducti 1 e. WALL THICKNESS v JDJ I AMETER_�WATER t AL .N..,.,.,.N, 1 E) CASING PIPE : 0.375" 20" Steel M. P I�.S• a I E. S. QYL,4 3+ WALL THICKNESS. ;MATERIAL NOTE :CASING MUST HAVE 2' CLEARANCE BETWEEN GREATEST i ENCASED 1r�a.�cr 1I�- CROSSING AT ! OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF ; CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF t n,rr keaT�IL.•t�.(. ! CARRIER PIPE AND INSIDE OF CASING PIPE. ��"'aTC1)I 1 �RAn F) METHOD OF [NSTALL t NG CASING PIPE lNiOER TRACK(S): L�T� of 1c-cNsT ; i X DRY BORE AND JACK (WET BORE NOT PERMITTED) ; 1 Awau/PM, TUNNEL : OTHER RR FILE NO. 16O1—e5 DATE 8 )-� T C) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTORS X YES:—N0: H) D I STANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF SORA4G AND W A R N I N G j JACKING PITS WHEN MEASURW AT RIGHT ANGLES TO TRACK j I) APPLICANT HAS CONTACTED Mark Ethen 10 ALL OCCASlali. It. P. COauNICATlst If OF W P. COMMUNICATION DEPARTMENT AND HAS DETERMINED FIBER or Wr NOI'MOIT MOT 11 eenuT� T m a s 1 99 � as .M.NOW Ti aETUGNiIt EttiTO L AN OPTIC CABLE X DOES ;—DOES NOT T I N VICINITY C I N I TY OF � L�ITtor ar rtia ante eAGLt ! L WORK TO BE PERFORMED . TICKET NO. PDX: 1-aaa•s3G.nt3 i PL X 940206 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) Tho 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. 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. Exhibit B Page 1 of 4 L.\! WJ\PLX47M.KJ0 PL X 940206 Form Approved, AVP-Law Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable. (b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. (b) In addition to other indemnity provisions in this Agreement, 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 to the extent that such costs, liability or expenses are caused 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. 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 Exhibit B Page 2 of 4 L:\FOAMS\PLXVM.KJO PL X 940206 Form Approved, AVP-Law 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. (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 an 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 shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. 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, 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. Exhibit B Page 3 -of 4 L:\F0AM3\FL)M)M.R.7O PL X 940206 Form Approved, AVP-Law Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. (a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. (c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Exhibit B Page 4 of 4 L:\FCMS\PLXEM.XJO Washington Cities Insurance I Authority 05-Sep-97 Cert#: 1296 Union Pacific Railroad Company ATTN: Jack Nelson, Contracts and Real Estate Department 1416 Dodge Street WP001 Omaha,NE 68179 RE: City of Kent CITY ACTIVITIES AS RESPECT, 10" WATER PIPE LINE CROSSING THE UNION PACIFIC RAILROAD ON S. 262ND ST. KENT, WA. FOLDER NO. 1601-85 Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 86 municipal corporations in the State of Washington. WCIA has at least $1 million per occurrence combined single limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. WCIA is an Interlocal Agreement among municipalities and liability is completely self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an "additional insured'. Sincerely, Eric B. Larson Assistant Director cc Ken Chatwin Stephen Noeske, P.E. cletter P.O. Box l 165, Renton, WA 98057 (41-5) 277-7237 Fax 277-7242