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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