HomeMy WebLinkAboutResolution - 122271F - Agreement - ATSF Railway Company - Sewer Pipeline Crossing Avenue R - 12/22/1971►
/G. ZZ'7/
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute an agreement between the City of Lubbock and the Atchison
Tolp'„eka and Santa Fe Railway Company for a storm sewer pipeline crossing on ?
Avenue R, attached herewith which shall be spread upon the minutes of.the Council
and'Ias spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of tuber 1971.
ATTEST:
Laven'.a Lowe, City Secretary -Treasurer
APPROVED AS fiO FORM:
4
i
AGREEMENT', Made this 10thday of ;
December, 192L_, between THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY - a Delaware Corporation, herein-
after called "Santa Fe", as First Party,
and CITY OF LUBBOCK, TEXAS, hereinafter
called "City" as Second Party.
WITNESSETH:
R E C I TA L S:
City desires to use a certain portion of Santa Fe's property
at Lubbock, Lubbock County, Texas upon which to*install and there-
after maintain and use one 10 -foot diameter storm sewer pipeline,
..hereinafter called "PIPELINE", which is agreeable to Santa Fe upon
the terms and conditions hereinafter stated.
AGREEMENT
ARTICLE I
.Santa Fe, for and in consideration of the sum of Four Hundred
'Fifty and No/100 Dollars ($450.00) cash, paid by City, the receipt
whereof is hereby acknowledged, and of the full and faithful per-
formance by City of its covenants hereinafter set forth, hereby
licenses City to construct, maintain and use said PIPELINE, the
location of which is shown in red on print D.E.O. Amarillo, Texas
No. 8496, dated September 9, 1971 hereto attached, marked Exhibit "A",
and made a part hereof. It being agreed by Santa Fe that the City
may use such Santa Fe property along either side of the PIPELINE as
may be necessary during construction or maintenance of the PIPELINE.
ARTICLE II
In consideration of the aforesaid license, City covenants and
agrees to and with Santa Fe as follows:
1.' That it will use the licensed premises exclusively as a site.
for said PIPELINE.
2.' That it will not let or sublet the whole or any part of the
licensed premises for any purpose whatsoever, or assign this license
without the written consent of Santa Fe in each instance.
3. That in case of eviction of City by anyone owning or claiming
title to the whole or any part of the licensed premises, Santa Fe shall
not be liable to City for any damage of any nature whatsoever.
. r
4. That it will prepare plans and specifications for the con-
struction of said PIPELINE, which shall be submitted to Santa Fe's
Assistant General Manager -Engineering for approval before any contract
for construction is awarded or work done on said PIPELINE. No changes
in these plans and specifications are to be made without written approval
of such changes by Santa Fe's AGM -Engineering.
5. That it will use the excess material from the excavation on
Santa Fe's property, and if it desires and if it is feasible to do so,
use excess material from excavations in other.areas to shape that area
enclosed by Santa Fe's Fourth and Plainview Districts Main Tracks and
Track No. 64, for convenience referred to as Santa Fe's "Wye Property",
to drain toward inlets provided by the City along the PIPELINE. Plans
for shaping the Wye property and for locating inlets to intercept storm
drainage to be furnished by Santa Fe's AGM -Engineering.
- 2 -
6. That it will, at no expense to Santa Fe, and subject to the
supervision and control of Santa Fe's AGM -Engineering, locate, construct
and maintain the PIPELINE in such a manner and of such material that
it will not at any time be a source of danger to or interference with
the present or future tracks, roadbed and property of Santa Fe, or
adjoining property, or the safe operation of Santa Fe's Railroad. In
the event of a breach of this covenant at any time, City will, within
ten (10) days after receipt of a written notice from Santa Fe thereof,
do whatever may be necessary to fulfill its obligations under this
section.
7. If the construction, maintenance and/or use of said PIPELINE
upon said premises shall necessitate the moving or relocation of any
portion of Santa Fe's right-of-way fence, or fences, pole lines, or
adjustments to the track or any other railroad facilities, the cost
of such moving, relocation and adjustments shall be borne by the City,
and that if it is deemed necessary by Santa Fe to provide flagmen or
inspectors during construction or maintenance of the PIPELINE to insure
the safety of railroad operations, or inspectors during any phase of
installing the PIPELINE on Santa Fe property, the cost of such flagmen
or inspectors will be borne by the City.
8. That it will do no work on Santa Fe's property without first
contacting Santa Fe's Superintendent at Amarillo, Texas, and securing
his approval of such work.
V
t
9. That the contract or contracts to be let by the City for the
construction of the work to be undertaken by it hereunder shall provide
A. Standard Manufacturer's and Contractor's Liability
Insurance. The Contractor shall furnish evidence to Santa Fe
that, with respect to the operations he performs, he carries
regular Contractor's Liability. Insurance providing for a limit of.
not less than one hundred thousand dollars ($100,000.00) for all
damages arising out of bodily injuries to/or death of one person,
a total limit of three hundred thousand dollars ($300,000.00) for
all damages arising out of bodily injuries to/or death of two or
more persons in any one accident, and Property Damage Liability
Insurance providing for a limit of not less than one hundred
thousand dollars ($100,000.00) for all damages arising out of
injury to/or destruction of property in any one accident and sub-
ject to that limit per accident a total (or aggregate) limit of,
•three hundred thousand dollars ($300,000.00) for all damages arising
out of injury to/or destruction of property during the policy period
If any part of the work is sublet, -similar insurance shall be
provided by or in behalf of the subcontractors to cover their
operations:
B. Contractor's Protective Liability Insurance. The Con-
tractor shall furnish evidence to Santa Fe that, with respect to
the operations performed for him by subcontractors, he carries in
his own behalf regular Contractor's -Protective Liability Insurance
providing for a limit of not less than one hundred thousand dollars
($100,000.00) 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 three hundred thousand dollars ($300,000.00) for all
damages arising out of bodily injuries to/or death of two or more
persons in any one accident, and Protective Property Damage
Liability Insurance providing for a limit of not less than one
hundred thousand dollars ($100,000.00) for all damages arising out
of injury to/or destruction of property in any one accident and
subject to that limit per accident, a total (or aggregate) limit
of three hundred. thousand dollars ($300,000.00) for all damages
arising out of injury to/or destruction of property during the
policy period.
In addition to the coverage provided in sub -paragraphs 9A and
9B above, it is expressly understood that an umbrella policy will
be provided with coverage of at least an aggregate amount of one
million dollars ($1,000,000.00) in connection with the operations
performed by the contractor and in connection with operations
performed for him by subcontractors.
- 4 -
C. Railroads' Protective Liability and Property Damage and
Physical Damage to Property Insurance. In addition to the
above, the Contractor shall furnish evidence to Santa Fe that,
with respect to the operations he or any of his subcontractors
perform, he has provided for and in behalf of the Railroad
Company the Standard Railroad Protective Liability Policy, with
coverage as outlined in General Casualty Bulletin No. 258,
dated July 9, 1958, issued by the State Board of Insurance of
Texas, providing for Bodily Injury Liability a limit of not less
than five hundred thousand dollars ($500,000.00) for each
person and one million dollars ($1,000,000.00) for each occur-
rence and for Property Damage a limit of not less than five
hundred thousand dollars ($500,000.00) for each occurrence and
one million dollars ($1,000,000.00) aggregate during the policy
-period.
10. That no legal right of Santa Fe to maintain, use and
..relocate any railroad facilities now located upon the licensed premise!
or to construct, maintain, use and relocate such track, or tracks, or
other railroad or industrial facilities as it may desire upon or,
across the licensed premises shall be in any wise affected by the
giving of this license. =
11. That if, at any time during the term hereof, Santa Fe or
its Lessees shall desire to make use of its property with which the
PIPELINE will in any way interfere, including relocation of existing
or construction of new tracks, pole lines, wires, conduits, buildings
or other structures, City shall at City's own cost, within thirty (30)
days after receiving written notice from Santa Fe to such effect,
make such changes or additions to the PIPELINE as in the judgment of
Santa Fe may be necessary to protect the PIPELINE and to avoid inter-
fering with proposed use of its property.
12. City shall at all times indemnify and save harmless
Santa Fe against and pay in full all loss, damage or expense that
Santa Fe may sustain, incur or become liable for, resulting in any
manner from the construction, maintenance, use, state or repair, or
presence of the PIPELINE, including any such loss, damage or expense
arising out of (a) loss of or damage to property, (b) injury, to or
death of persons, (c) mechanics' or other liens of any character, or
(d) taxes or assessments of any kind.'
13. That this license is made subject to all valid, existing
and.future contracts, agreements, licenses and easements which may
effect said licensed property, covering roads, public and private;
pole lines and appurtenances; water lines, or other facilities.
14. That all of the covenants hereof shall inure to the
benefit of the successors and assigns of Santa Fe, to the same::
extent as to Santa Fe.
6 -
ARTICLE III
This LICENSE is given by Santa Fe and accepted by the City upon
the express condition that the same may be terminated at any time by
either party upon six (6) months written notice to be served upon the
other party, stating therein the effective date of such termination,
and that upon the termination of this license in this or any other
manner herein provided, City, upon demand of Santa Fe shall abandon the
use of the PIPELINE and remove the same and restore the property and
t � .
facilities of Santa Fe to a condition satisfactory to Santa Fe. In
case the City shall fail to restore Santa Fe's premises as aforesaid `
within six (6) months after the effective date of termination, Santa
Fe may'proceed with such work at the expense of the City, No termination
hereof shall release City from any liability or obligation hereunder,
whether of indemnity or otherwise, resulting from any acts, omissions
or events happening prior to the date the PIPELINE is removed and the
premises restores as above provided.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed in duplicate on the day and year first above stated.
THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY THE CITY F UBBOCI� TEXAS
Li ,
By:_ .� gy•
Its: 1'0: L r. ,.a,'qC
H. GRANBERRY
Its: MAYQR
Approved as to form,
% F[gd 0 $enter, Jr., City t Syj
V
?,
ARTICLE III
This LICENSE is given by Santa Fe and accepted by the City upon
the express condition that the same may be terminated at any time by
either party upon six (6) months written notice to be served upon the
other party, stating therein the effective date of such termination,
and that upon the termination of this license in this or any other
manner herein provided, City, upon demand of Santa Fe shall abandon the
use of the PIPELINE and remove the same and restore the property and
t � .
facilities of Santa Fe to a condition satisfactory to Santa Fe. In
case the City shall fail to restore Santa Fe's premises as aforesaid `
within six (6) months after the effective date of termination, Santa
Fe may'proceed with such work at the expense of the City, No termination
hereof shall release City from any liability or obligation hereunder,
whether of indemnity or otherwise, resulting from any acts, omissions
or events happening prior to the date the PIPELINE is removed and the
premises restores as above provided.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed in duplicate on the day and year first above stated.
THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY THE CITY F UBBOCI� TEXAS
Li ,
By:_ .� gy•
Its: 1'0: L r. ,.a,'qC
H. GRANBERRY
Its: MAYQR
Approved as to form,
% F[gd 0 $enter, Jr., City t Syj
0
+ EXHIBIT "A"
. a
TO CONTRACT BETWEEN
THE ATCHISOR, TOPEKA AND SAKTA FE RAILWAY COMPAR
PLAINS DIVISION DISTRICT
AND
CITY Df G el,55 SCK
t7 �r vv AT'co J/11 '
SCALE: 1"r = l U� �..•i�1 D. E.O5.AMARIllO, TEXAS {r �l1 LC• ,-4s 0
1Q4 NO. 84- 6'
DATED: J$ e p �W ' klentMed by
Duron Engineer
t
17
Par'c c 1 Na s .Coy 9, IDS l3� 14�2 3 %.
W D reo2 ii 9
•:: WD I /9 D ,GS/D :2�0� •
Ord. /7(;3 24-%x?
• - _ . • , /'Yc� /343. � . '
Ord. 1763, 'C• 19
t ' •. .. y 1- K I/pp�
tk
7-7"/1•!11
c�>•2s
�yh
No Text
d�
3J r
haataFe " THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
OPERATING DEPARTMENT - 900 Polk Street, Amarillo, Texas 79101 - 806/376-5131
4My� December 21, 1971
File: Ct-23315
Mr. [Wilford D. Watson
City Engineer
City of Lubbock
P. Or Box 2000
Lubbock, Texas 79408
Dear Sir:
I am enclosing a copy of a letter received from Mr. P. J.
Conway with McManus & Pellouchoud, Inc. The Railroad Protec-
tive Liability Insurance policy furnished with Mr. Conway's
letter is satisfactory. This insurance is called for in
para. 9. of Article II of the agreement covering the storm sewer
or Santa Fe property.
Mr. Sanford, of Sanford's Insurance Agency, called our
attorney about reducing the amounts of insurance coverage
called for in paragraphs 9.A and 9.B, Article II of the first
draft of the agreement. The limits of coverage have been reduced
in the agreement in its final form from $500,000 and $1,000,000
to $100,000 and $300,000.
Evidence of this coverage should also be furnished soon
so it can be filed with the agreement after it is executed and
returned by the City.
Yours truly,
E. C. Honath
AGM -Engineering
Encl.
FLP/dhw
•F
: f
AJ ;u�
MCMANUS S PELLOUCHOUD, INC.
INSURANCE COUNSELORS
TELEPHONE (312) 427-1961 ROBERT B. MCMANUS
BOARD OF TRADE BUILDING VERNON J. PELLOUCHOUD
141 WEST JACKSON BLVD. TRONAS J. BARRETT
CFIICAGO, ILLINOIS 60604 The A. 1. & $
JOHN E.KELLENER,JR.
•� ' `�I� System
- JOHN E. MCCRENAN
Law Dep3rtm2r1t JOHN J. MURPHY
LEO A.RoOELL
DEC 7 i97r
' December 7, 1971
-Mr. S. R. Brittingham, General Counsel
Atcheson, Topeko &Santa Fe Railroad Company
80 East Jackson Boulevard - Room 1211
Chicago, Illinois
• Re: Harbor Insurance Company
Policy No. 111022
Dear Mr. Brittingham:
We enclose the above captioned policy, which provides Railroad Protective
Liability insurance at limits of $500,000/1,000,000 Bodily Injury and
.$500,000/1,000,000 Property Damage Liability in the names of The Atcheson,
Topeka & Santa Fe Railroad Company, for work to be done by J. M. Foster Co.
and William D. Foster Co., A Joint Venture d/b/a Central States No Joint
Pipe Company on the project known as Sewer Construction, Project Avenue R,
Central City Relief No. GWO-10735, Lubbock, Texas, located at Lubbock, Texas.
Would you kindly notify the City Engineering,Deparment, City of Lubbock;
Texas 79401 of your acceptance and approval of this insurance so that they
can allow the construction on the project to proceed.
If you should need any additional information, kindly contact our office.
Thank you.
- Very truly yours,,
MCMANUS & PELLOUCHOUD, INC.
PJC:bb-
P. J. Conway
,
Enclosure