HomeMy WebLinkAboutR-1995-005 Permit AgreementRESOLUTION NO. R-95- 5
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima
to execute a permit agreement between the City of Yakima and
Washington Central Railroad Company and Burlington Northern
Railroad Company for the purpose of obtaining a sanitary sewer
pipeline permit.
WHEREAS, the City of Yakima desires to excavate for, construct, maintain, and
operate a sewer pipeline across two railroad crossings of Washington Central Railroad
Company and Burlington Northern Railroad Company; and
WHEREAS, said railroad crossings are located at 6th Street at "G" Street, and at
3rd Street at "H" Street within the City of Yakima; and
WHEREAS, Washington Central Railroad Company and Burlington Northern
Railroad Company are willing to permit said sewer pipeline crossings in accordance
with the terms and conditions of the attached agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to enter into a permit agreement with Washington Central Railroad Company and
Burlington Northern Railroad Company in accordance with the terms of the attached
agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute
the attached and incorporated Sewer Pipeline Permit Agreement with Washington
Central Railroad Company and Burlington Northern Railroad Company for the
purpose of excavating for, constructing, maintaining, and operating a sewer
pipeline across two railroad crossings located at 6th Street at "G" Street, and at 3rd
Street at "H" Street within the City of Yakima.
ADOPTED BY THE CITY COUNCIL this lQthday of January , 1995.
ATTEST: Mayor
i,/, �.,// y t_-
Actingi City Clerk
(1s)res/WnCntrl.pm
PIPELINE PERMIT NO.
WCRC-94-P-2029
AGREEMENT, made this 1st day of DECEMBER 1994, between BURLINGTON NORTHERN
RAILROAD COMPANY, a Delaware corporation, whose post office address is 2100 First Interstate Center, 999
Third Avenue, Seattle, Washington 98104-4080, and WASHINGTON CENTRAL RAILROAD COMPANY, a
Washington corporation, whose post office address is P.O. Box 2337, Yakima, Washington 98907, hereinafter
called "Railroad," and CITY OF YAKLMA, whose post office address is ENGINEERING DIVISION, 129 N.
2ND ST. YAIQMA, WA 98901, hereinafter called "Permittee".
WITNESSETH:
Railroad, for and in consideration of the fee herein provided to be paid by Permittee and of the covenants
and promises hereinafter made to be observed and performed by Permittee, does hereby grant to Permittee license
and permission to excavate for, construct, maintain and operate
36 INCH SANITARY SEWER PIPELINE
hereinafter referred to as "Facility," upon, along or across the right of way of Railroad, underneath the surface
thereof'; and under the tracks of railroad, as the case may be, at or near YAKUVVIMA Station, in the County of
YAIQMMA, State of Washington, to be located as follows, to wit:
SURVEY STATION 51+00 MILE POST 0 + 5025 As shown in red color on the plat attached hereto,
marked Exhibit "A", dated NOVEMBER 14, 1994 and by this reference made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as follows:
1. For this Permit, Permittee will pay Railroad in advance, the sum of FIVE HUNDRED DOLLARS
(8500.00) for the entire time this Permit remains in effect and Permittee will also pay or reimburse Railroad for all
taxes and assessments that may be levied or assessed against said Facility. Railroad reserves the right to change
the fee on future Permits at any time without notice. This provision shall in no way affect Railroad's right to
terminate said Permit pursuant to Paragraph 10 hereof.
2. Permittee, at Permittee's sole cost and expense, shall excavate for , construct, reconstruct, maintain and
repair said Facility placing same in accordance with the specifications provided in the application dated
OCTOBER 5, 1994, heretofore approved by Railroad. Permittee shall fill in the excavation and restore the
surface of the ground upon which the Facility is located to its previous condition subject to the Superintendent
Maintenance & Engineering's approval. Said Superintendent Maintenance & Engineering shall have the right at
any time when in his/her judgment it becomes necessary or advisable to require any material used in the work to
be replaced with like material or with material of a more permanent character, also to require additional work or
change of location of said Facility as a matter of safety and/or appearance, or on account of additional tracks being
laid, change of grade thereof, construction of a building, or for any other reason whether or not connected with the
operation, maintenance, or improvement of Railroad, all of which shall be done at the expense of Permittee in the
manner herein provided.
3. Permittee shall give to the Superintendent Maintenance & Engineering at least two (2) days advance
notice of any work to be done by Permittee in tlx excavation for, construction, reconstruction, maintenance, repair,
change of location, or removal of said Facility, and shall conduct said work in such a manner as not to interfere
with the maintenance and operation of Railroad.
4. In the event that Railroad performs any work, furnishes any material or flagging service, or incurs any
expense whatsoever on account of the excavation for, construction, reconstruction, maintenance, repair, change of
location, removal of the Facility, or otherwise, Permittee shall reimburse Railroad for the cost thereof within twenty
(20) days after bills are rendered therefor. If the excavation for, construction, reconstruction, maintenance, repair,
change of location, or removal of the Facility, requires any or all of the following work : removal and replacement
of track, bridging, protection of track, or other railroad facilities by work or flagging, engineering, and/or
supervision, such work is to be performed by Railroad employees and the cost borne by Permittee.
5. (a) PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC, COMMUNICATIONS,
CONTROL SYSTEMS, AND OTHER TYPES OF CABLES MAY BE BURIED ON RAILROAD'S PROPERTY.
Before beginning work, Permittee shall telephone Railroad's Dispatcher at 1-800-333-8582 (a 24-hour number) to
determine if cable systems are buried on Railroad's property,.to be used by Permittee. The dispatcher will contact
the appropriate personnel to have cables located and mate arrangements with Permittee as to the protective
measures that must be adhered to prior to the commencement of any work on Railroad's property. In addition to
the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold harmless Railroad harmless
against and from all cast, liability, and expense whatsoever ( including, without limitation, attorney's fees and
court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee, its
contractor, agents and/or employees, that cause or in any way or degree contribute to (1) any damage to or
destruction of any telecommunications system by Permittee, and /or its contractor, agents, and/or employees, on
Railroad's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications
company, arxi/or its contractor, agents and/or employees, on Railroad's property, and/or (3) any claim or cause of
action for alleged loss of profits or revenue by, or loss of service by a customer or use of such telecommunication
company (ies).
6. In the event any cathodic electrolysis or other electrical grounding system is installed in connection
with the Facility which, in the opinion of Railroad, interferes with train signals in any way, telephone or telegraph
lines, or other facilities of Railroad, Permittee, upon being informed by Railroad of such interference, shall
forthwith discontinue operation of and remove said grounding system, or take such steps as may be necessary to
avoid and eliminate all such interference. Permittee further agrees to indemnify and save harmless Railroad from
and against any damages, claims, losses, suits, or expenses in any manner arising from or growing out of
interference with the signals, telephone, or telegraph lines of Railroad by the operation , use, or existence of any
such grounding system.
7. Permittee shall and hereby releases and discharges Railroad of any from any and all liability for
damage to or destruction of said Facility, and any other property of Permittee located on or near Railroad's
premises, and shall and hereby assumes any and all liability for injury to or death of any and all persons
whomsoever, including officers, employees, and agents of the parties hereto, and loss of or damage to property to
whomsoever belonging, including property owned by , leased to , or in the care, custody, and control of the parties
hereto, in any manner arising from or during the excavation for, contraction, reconstruction, use, maintenance,
repair, or removal of said Facility, however such injury, death, loss, damage, or destruction aforesaid may occur or
be caused, and shall and hereby does indemnify and save harmless Railroad of and from any and all claims,
demands, suits , actions, damages, recoveries, judgments, costs, or expenses arising or growing out of or in
connection with any such injury, death, loss, damage, or destruction aforesaid. Permittee further agrees to appear
and defend in the name of Railroad any suits or actions at law brought against Railroad on account of any such
personal injury or death, and loss and damage to or destruction of property, and to pay and satisfy any final
judgment that may be rendered against Railroad in any such suit or action. THE LIABILITY ASSUMED BY
PERMITTEE SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE LOSS, DAMAGE,
DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF
RAILROAD, ITS AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE.
8. Permittee shall not transfer or assign this permit without the written consent of Railroad
9. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment.
10. It is expressly understood and agreed that Railroad may at any time cancel and Laminate this license
and permission by giving to Permittee thirty (30) days written notice of its intention to canal the same and at the
expiration of such notice this license and permission shall terminate. Upon receipt of such notice and before the
expiration thereof, Permittee, under the supervision and direction of Railroad's Superintendent Maintenance cit
Engineering, a his authorized representative, shall remove said Facility from the right-of-way of Railroad and
restore the right -of --way and premises of Railroad in a manner and to such condition as shall be satisfactory to said
Superintendent Maintenance & Engineering If Permittee fails to remove the Facility and restore said right -of --way
to such condition within said thirty (30) day period, Railroad at its option may remove same and restore said right-
of-way to its previous condition, and Permittee shall pay to Railroad the cost and expense thereat
11. Upon any failure of Permittee so punctually and strictly observe and perform the covenants and
promises made herein by Permittee to be kept and performed, Railroad may terminate this Agreement on ten (10)
days notice Lo Permittee, remove said Facility, and restore said right -of --way to its previous condition at the cost and
expense of Permittee.
12. Any notices given under the provisions of this Agreement shall be good if property deposited with the
United States Postal Service addressed to Permittee at Permittse's post office address above stated.
13. The license and permission herein granted is subject to permits, leases, and licenses, if any heretofore
granted by Railroad affecting the premises upon which said Facility is located.
Subject to the foregoing provisions, this Agreement and all of the covenants and promises thereof, shall
inure to the benefit of and be binding upon the parties hereto, their respective executors, administrators, successors,
and assigns.
IN WITNESS WHEREOF, the parties hereto have exec ted this Agreement in duplicate as of the day and
year first hereinabove written.
WASHINGTON CENTRAL RAILROAD COMPANY BURLINGTON NORTHERN RAILROAD COMPANY
By BY
President
CITY OF YAKIMA:
City Manager
BN FORM 50025 (749-)
PIPEIIWE DOC
Assistant Via President Network Services
A'I'i'EST:
WITNESS TO SIGNATURE OF PERMITTEE
Byx��k
Me s i ia.va
Acting City Clerk
KIWANI`.
Ps
E
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of __1410495_
ITEM TITLE: Railroad under -crossing permits for 6th St. at "G" St. and 3rd St. at "H" St.
SUBMIF 1 ED BY: Dept. of Engineering and Utilities, Engineering Division
CONTACT PERSON/TELEPHONE: Fred French, P.E. / 575-6096
SUMMARY EXPLANATION:
Background
The City of Yakima has a current Public Works Project to construct approximately 11,000 feet of
27 inch sewer trunk in the northeast part of town. At the two above referenced locations we are
jacking and boring under Washington Central Railroad and Burlington Northern Railroad tracks.
We have a temporary Right of Entry permit, but we need to finalize and fully execute the
agreements.
The attached map shows the project extents and the crossing locations.
The one-time permit fees total $1,200.00, and are covered by Public Works Trust Fund funding for
Sewer Collection System Improvements, 7th Street Sewer Trunk, Project No. 1497.
Resolution X Ordinance Contract ___ Other (Specify) Locati
n Ma Pi eline ermit
Funding Source Public Works Trust Fund Loan
APPROVED FOR SUBMI1 1AL:
City Manager
STAFF RECOMMENDATION:
Pass attached Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Adopted Resolution, Res. No. R-95--5