HomeMy WebLinkAboutPermit , ' • � �
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Pipeline Permit
No. PX90-16125
UT11 & UT17
URS Consultants/Rosewater
Engineering
THIS AGREEMENT, made this lst day of June, 1990, between BURLINGTON
' NORTHERN RAILROAO COMPANY, a Delaware corporation hereinafter called
"Burlington" whose post office address is 2000 First Interstate Center, 999
Third Avenue, Seattle, Washington 98104-1105, and
CITY OF RENTON,
whose post office address is: 200 Mill Avenue South
Renton, WA 98055
hereinafter called "Permittee,"
WITNESSETH:
Burlington, for and in consideration of the fee herein provided to be paid
to it by Permittee and of the covenants and promises hereinafter made to be ob-
served and performed by Permittee, does hereby grant to Permittee license and
permission to excavate for, construct, maintain and operate
a 12-inch Ductile Iron Water Pipeline Crossing incased in a 24-inch Steel Pipe
12-feet below T/Tie, at an 90° Angle to the tracks, installation by jack and
bore, with face of jacking/receiving pits a minimum of 25-feet from Center Line
of nearest track .
hereinafter referred to as the "facility," upon, along or across the
right-of-way of Burlington, under the tracks of Burlington, as the case may be,
at or near
RENTON, in the County of King, State of Washington,
to be located as follows, to-wit:
Crossing at Line Segment 0405 - Survey Station 658+11 - Milepost 2.20.
Permittee in consideration of such license and permission hereby covenants
and promises as follows:
1. For this Permit, Permittee will pay Burlington, in advance, the sum of
FOUR HUNGRED FIFTY DOLLARS ($450.00) for the entire time this permit remains in
effect and Permittee will also pay or reimburse Burlington for all taxes and
assessments that may be levied or assessed against said "facility". Burlington
reserves the right to change the fee on future Permits at any time without
notice. This provision shall in no way affect Burlington's right to terminate
this permit pursuant to Paragraph 10 hereof.
Permittee (or his CONTRACTOR) shall at Permittee's expense obtain and
furnish to Burlington RAILROAD PROTECTIVE LIABILITY INSURANCE, in accordance
with and subject to the terms of the Addendum attached hereto and made apart
hereof.
2. Permittee, at Permittee's sole cost and expense, shall excavate for,
construct, reconstruct, maintain and repair said "facility", placing the same in
accordance with the specifications provided in application dated Ma.y 1, 1990,
heretofore approved by the Burlington. 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 Division Roadmaster's approval. Said
Roadmaster 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 Burlington's
railroad, all of which shall be done at the expense of Permittee in the manner
herein provided.
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3. Permittee shall give to the Division Roadmaster at least 48 hours' I
advance notice of any work to be done by Permittee in the excavation, construc-
tion, reconstruction, maintenance, repair, change of location or removal of the
"facility", and shall conduct such work in such manner as not to interfere with
' the maintenance and operation of Burlington's railroad; however, if emergency �
work is necessary, Permittee shall make every effort to notify Roadmaster that I
such work is to be done. Permittee shall, at their own expense, restore any 'i
facilities or said premises which are in any manner disturbed by such I
maintenance, repairs or removal . ',
, 4. In the event that Burlington, at the request of Permittee or any agent
or contractor of Permittee, or for the protection of Burlington property and
operations, does any work, furnishes any material or flagging service, or incurs i
any expense whatsoever on account of the excavation for, construction, recon-
struction, maintenance, repair, change of location, removal of the "facility" or
otherwise, Permittee shall reimburse Burlington 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 Burlington employees and the cost borne by Permittee. ',
' S. (a) Fiber optic cable systems may be buried on Burlington's property.
Permittee shall telephone Burlington at 1-800-533-2891 (a 24-hour number) to
determine if fiber optic cable is buried anywhere on Burlington's premises to be
used by Permittee. If it is, Permittee 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 Burlington's premises. In addition to the liability terms elsewhere in
the Agreement, Permittee shall indemnify and hold Burlington harmless against
and from all cost, 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 causes or in any way or degree contributes to (1)
any damage to or destruction of any telecommunications system by Permittee,
and/or its contractor, agents and/or employees, on Burlington's property, (2)
any injury to or death of any person employ�d by or on behalf of any
telecorronunications company, and/or its contractor, agents and/or employees, on
Burlington'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 user 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
Burlington, interferes with train signals in any way, telephone or telegraph
lines, or other facilities of Burlington, Permittee, upon being informed by
Burlington 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 Burlington 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 Burlington by the operation, use, or
existence of any such grounding system.
7. Permittee shall and hereby releases and discharges Burlington of and
from any and all liability for damage to or destruction of the said "facility",
and any other property of Permittee located on or near Burlington'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,
construction, reconstruction, use, maintenance, repair or removal of said
"facility", however such injury, death, loss, damage or destruction aforesaid
may occur or be caused, demands, suits, action, damages, recoveries, judgment,
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 Burlington any suits or actions at law
brought against Burlington on account of any such personal injuries or death,
and loss and damage to or destruction of property, and to pay and satisfy any
final judgment that may be rendered against Burlington 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 BURLINGTON, ITS AGENTS, SERVAPI�S, EMPLOYEES,
OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; PROVIDED,
HOWEVER, THAT PERMITTEE SHALL HAVE NO OBLIGATION TO ASSUME SUCH LIABILITY TO THE
EXTENT CAUSED BY THE NEGLIGENCE OF BURLINGTON OR ITS EMPLOYEES OR AGENTS WHERE
ASSUMPTION OF SUCH LIABILITY WOULD VIOLATE WASHINGTON LAW (RCW 4.24.115),
OREGON, IDAHO OR THE PROVINCE OF BRITISH COLUMBIA LAWS.
8. Permittee shall not transfer or assign this permit without the written
consent of Burlington.
9. Nothing herein contained shall imply or import a covenant on the part
of Burlington for quiet enjoyment.
10. It is expressly understood and agreed that Burlington may, so long as
reasonable, at any time cancel and terminate this license and permission by
giving to Permittee thirty (30) days' written notice of its intention to cancel
the same and at the expirat.ion 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 the said General Manager, or
his authorized representative, shall remove said "facility" from the
right-of-way of Burlington and restore the right-of-way and premises of
Burlington in a manner and to such condition as shall be satisfactory to the
said General Manager. If Permittee fails to remove the "facility" and restore
the said right-of-way to such condition within said thirty (30) day period,
Burlington at its option may remove the same and restore the said right-of-way
to its previous condition, and Permittee shall pay to Burlington the cost and
expense thereof.
11. Upon any failure of Permittee to punctually and strictly to observe
and perform the covenants and promises made herein by Permittee to be kept and
performed, Burlington may terminate this Agreement on ten (10) days' notice to
Permittee, remove the "facility", and restore the right-of-way to its previous
condition at the cost and expense of Permittee.
12. In the event of Permittee's removal of the Pipeline from Burlington's
premises, Permittee agrees to terminate said Agreement by notifying Burlington's
General Manager in writing of Permittee's removal of Pipeline and termination of
said Agreement within thirty (30) days from date of removal of said Pipeline
from Burlington's premises.
13. Any notices given under the provisions of this Agreement shall be good
if deposited with the United States Postal Service addressed to Permittee at
Permittee's post office address above stated or as otherwise directed by .
Permittee.
14. The license and permission herein granted is subject to permits,
leases and licenses, if any, heretofore granted by Burlington 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.
ADDENDUM TO BURLIN6TON NORTHERN RAILRQAD COMPANY
PERMIT N0. PX90-16125 DATED June 1, 1990
The Permittee or his contractor (s) shall procure and maintain in full
force and effect during the Initial Construction Period and all future maintance
or reconstruction periods, which require the use of heavy machinery or
excavation of soil upon BURLINGTONS Right-of-way or within FIFTY FEET (50-feet)
of BURLINGTONS tracks a RAILROAD PROTECTIVE LIABILITY INSURANCE POLICY, naming
BURLINGTON as the insured, covering all acts of the Permittee or his contractor
(s) arising out of the installation of Permit No. PX90-16125 facilities, with
standard limits of TWO MILLION DOLLARS ($2,000,000) for each bodily injury and
property damage with an aggregate of SIX MILLION DOLLARS ($6,000,000).
Prior to commencement of an.y work to be performed under this Aqreement,
Permittee shall submit to Burlinqton 7H� ORIGINAL INSURANCE POLICY AS DISCRIBED
ABOVE.
It is understood that said insurance policy shall be so written that no
insurance company shall have any recourse against the Burlington, by way of
subrogation or otherwise, for any loss covered by or paid or payable under said
policies.
DECLARATION:
Will Permittee perform the installation? Yes No
(If no, go to Section 2)
(If yes, go to Section 1)
SECTION 1
Permittee, CITY OF RENTON, is / is not self-insured to the limits ^ Y ~
of TWO MILLION DOLLARS ($2,000,000) for each bodiTy injury and property damage "'
with an aggregate of SIX MILLION DOLLARS ($6,000,000). If SELF-INSURED, a letter
on company letterhead must accompany this permit, listing limits of coverage and
dates of expiration.
Risk Manager
Date
, SECTION 2
Contractor Subcontractor
Address Address
City, State, Zip, Phone Number City, State, Zip, Phone Number
Project Engineer's Name Project Engineer's Name
If more than one Subcontractor is involved, attach additional information to
this Addendum, together with Insurance required.
NEITHER PERMITTEE, CONTRACTOR, OR ANY SUBCONTRACTOR SHALL BEGIN ANY WORK ON
BURLINGTON'S PROPERTY pND/qf2 RIGHT-OF-WAY UNTIL ALL NECESSARY EVIDENCE OF
INSURANCE HAS BEEN FURNISHED ANO APPROVED BY BURLINGTON, AND THE ROADMAS7ER
NOTIFIED 48 HOURS IN ADVHNCE. '
Questions or clarifications of insurance requirements may be directed to:
Ms. Judith Harris
Risk Management Analyst
BURLINGTON NORTHERN RAILROAD COMPANY
777 Main Street
Fort Worth, TX 76102
Phone: 1-817-878-2374
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IN WITNESS WHEREOF, Burlington and Permittee have executed this Agreement
the day and year first above written.
' BURLINGTON NORTHERN RAILROAD COMPANY
B y: //,"'�"w"�
Title: DIVISION ENGINEER
Wi e ses in presence of: CITY OF TON
�` �� By
(�itness)
� .�...�-' T i t 1 e: �j L�-y-� S�/(�� �.4-i✓��,�
(Witness) ' " " / i
- • i
. ' , . .
� �� • .
ADDENDUM TO BUR�.TNGTON NORTHERN RAIlROAD COMPANY
PERMIT N0. PX90-16125 QATED June 1, 1994
The Permittee or his contractor (s} shatl procure and maintain in full
force and effect during the Initial Constructian Period and all future maintance
or reconstructian periods, which require the use of heavy machinery or
excavation of soil upon BURLINGTONS Right-of-way or within FIFi'Y FEE? (5d-feet}
of BURLINGTONS tracks a RAIIRQAD PROTECTIVE �IABILITY INSURANCE PQLICY, naming
BURLINGTON as the insured, covering all acts of the Permittee or his contractor
(s} arising out of the installation of Permit No. PX90-16125 facilities, with
standard limits of TWQ MIlLION DOLLARS {$2,Q00,000} for each bodily injury and
property damage with an aggregate of SIX MILLION DOLLARS ($6,000,000).
Frior to corr�nencement of any work to be performed under this Agreement,
Permittee shall submit to Burlington THE ORIGINAL INSURANCE POLICY AS DISCRIBED
ABOVE.
It is understood that said insurance policy shall be so written that no
insurance company shall have any recourse against the Burlington, by way of
subragation ar atherwise, for any lass cavered by or paid ar payable under said
palicies.
DECLARATION:
Will Permittee perform the installation? Yes � No �
(If no, 9a to Sectian 2)
(If yes, go to Section 1)
SECTION 1
, Permittee, CITY 0� RENTON, is j is nat self-insured to the limits
of TWQ MILLION DQLLARS (g2,000,00Q)�or each bodiTy injury and property damage
with an aggregate of SIX MILLION DOLLARS ($6,000,000). If SELF-INSUREQ, a letter
on campany letterhead must accampany this permit, listing Timits of coverage and
� dates of expiration.
I
ltisk Manager
Date
SECTION 2
Contractor Subcontractor
Address Address
City, State, Zip, Phone Number City, 5tate, Zip, Phone Number
Project E�gineer's Name Project Engineer's Name
If more than one Subcantractor is invalved, attach additianal information to
Lhis Addendurn, together witt� Insurance required.
NEITHER PERMITTEE, CONTRACTOR, dR ANY SUBCONTRACTOR SHALL BEGIN ANY WORK ON
BURLIN6TQN'S PRUPERTY ANQJOR RI6NT-4F-WAY UNTII ALI. NECESSARY EVIRENCE QF
INSURANCE HAS BEEN FURNISHEO AND APPROVED BY BURLINGTON, AND THE ROADMASTER.
i NOTIFTED 48 HOURS IN ADVANCE.
� Questions pr clarifications of insurance requirements may be directed to:
' Ms. Judith Harris
Risk Management Analyst
BURLINGTON NORTHERN RAILROAD COMPANY
777 Main Street
� Fort Worth, TX 761Q2
Phone: 1-817-$78-2374 I
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