HomeMy WebLinkAbout2856 1 RESOLUTION NO 2 8 5 6
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
4 PIPELINE LICENSE AGREEMENT BETWEEN THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY AND THE CITY OF AUBURN FOR THE CITY TO
5 CONSTRUCT AND MAINTAIN A TWELVE-INCH WATER PIPELINE CROSSING
6 THE BNSF TRACKS AT 3RD STREET SW
7
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
8
9 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
10 Section 1 The Mayor and City Clerk of the City of Auburn
11 are herewith authorized to execute a Pipeline License Agreement
12
between the City and the Burlington Northern and Santa Fe
13
Railway Company for the City to construct and maintain a 12-
14
15 inch water pipeline crossing the BNSF tracks at 3rd Street SW
16 A copy of said Agreement is attached hereto, denominated as
17 Exhibit "A" , and made a part hereof as though set forth in full
18
herein
19
Section 2 The Mayor is hereby authorized to implement
20
21 such administrative procedures as may be necessary to carry out
22 the directives of this legislation
23
24
25
26 Resolution No 2856
June 16, 1997
Page 1
•
1 DATED this 7th day of July, 1997
2
3
CITY OF AUBURN
4
5
6
CHARLES A BOOTH
8 MAYOR
9
10
11
ATTEST
12
13
15 Robin 7W10 fa`j ( /
ohiihuueeter ,� tC/
City Clerk
16
17
18
19 APPROVED AS TO FORM
20
21 QA
22
Michael J Reynolds,
23 City Attorney
24
25
26 Resolution No 2856
June 16, 1997
Page 2
• ORIGINAL
Form Approved
by VP-Law Contract No:fl97-22d¢4
PIPE LINE LICENSE
THIS LICENSE, made this 22nd day of May, 1997, subject to the terms and conditions
set forth herein, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY, its successors and assigns, a Delaware corporation (hereinafter called "Licensor"),
party of the first part, and CITY OF AUBURN, WASHINGTON, a municipal corporation
(hereinafter, whether one or more, called "Licensee"), party of the second part.
WITNESSETH, That the parties hereto for the consideration hereinafter expressed
covenant and agree as follows:
1 Subject to the terms and conditions hereinafter set forth, Licensor grants a
nonexclusive license to Licensee to construct and maintain ONE(1) WATER PIPELINE,
12-INCHES IN DIAMETER (hereinafter, whether one or more pipe lines, called the
"PIPE LINE"), across or along the rail corridor of Licensor at or near the station of
Auburn, King County, Washington, Line Segment 51, Mile Post 21 60, the location of
the PIPE LINE being more particularly shown on the attached EXHIBIT "A", Drawing No.
1-10527, dated May 21, 1997, and made a part hereof
2. This agreement shall be effective efe//f/22. , 1997
3. Licensee shall use the PIPE LINE solely for carrying WATER and shall not use it
to carry any other commodity or for any other purpose whatsoever
4 Licensee shall pay Licensor as compensation for this license the sum of TWO
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2,500 00).
5. Licensee shall, at its own cost and subject to the supervision and control of
Licensor's field engineer, locate and/or relocate, construct and maintain the PIPE LINE
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 or rail corridor of Licensor,
or the safe operation of its railroad. When the PIPE LINE is used for oil, gas, petroleum
products, or other flammable or highly volatile substances under pressure, the PIPE
LINE shall be constructed, installed and thereafter maintained in conformity with the
plans and specifications shown on print hereto attached, marked Exhibit B and made a
part thereof If at any time Licensee shall, in the judgment of Licensor, fail to perform
properly its obligations under this paragraph, Licensor may, at its option, arrange for the
performance of such work as it deems necessary for the safe operation of its railroad,
and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have
been rendered therefor, the cost so incurred by Licensor, but failure on the part of
Licensor to perform the obligations of Licensee shall not release Licensee from liability
hereunder for loss or damage occasioned thereby
Exhibit A - Resolution No 2856
adopted July 7, 1997
1 of 7
6. Licensee shall reimburse Licensor for any expense incurred by Licensor for false
work to support Licensor's tracks and for flagman to protect its traffic during installation
and maintenance periods and for any and all other expense incurred by Licensor on
account of the PIPE LINE. (The current rate, subject to change without notice, for
furnishing of Licensor's Flagman is a minimum daily charge of$300.00, for the first eight
hours, or any part thereof, per day, with an hourly charge of $45 00 per hour for any
time over eight hours per day)
7 Prior to any boring work on or about any portion of the Premises, Licensee shall
explore the proposed location for such work with hand tools to a depth of at least three
(3) feet below the surface of the ground to determine whether pipelines or other
structures exist below the surface, provided, however, that in lieu of the foregoing, the
Licensee shall have the right to use suitable detection equipment or other generally
accepted industry practice (e.q., consulting with the Underground Services Association)
to determine the existence or location of pipelines and other subsurface structures prior
to drilling or excavating with mechanized equipment.
8. Prior to installation, five (5) days advance notice must be given to Licensor's
Roadmaster, Ron Kazen at Tacoma,WA., telephone (206) 625-2563.
9 (a) Except as set forth in Section 9 (b), Licensee shall release, indemnify,
and hold harmless Licensor for all losses, damages, expenses, injuries or death to
Licensee, its employees, agents and contractors, arising in any manner from the
performance of this agreement, except for Licensor's gross negligence or intentional
misconduct.
Licensee further agrees to release, indemnify, and hold harmless Licensor for all
losses, damages, expenses, injuries, or death to any person, including Licensor, which
arise in any manner from the construction, maintenance, use, state of repair or
presence of Licensee's pipelines.
(b) Whenever any employee, agent or contractor of Licensee or any of
Licensee's Parties makes any claim for personal injury or death against Licensor within
the meaning of the Federal Employers' Liability Act, or any applicable safety act, (45
U.S.0 e51 et. seq.), for any incident caused, wholly or in part, by property, equipment,
fixtures or condition belonging to or subject to the control of Licensee, or claims or
alleges that he or she is an employee of Licensor or is furthering the operational
activities of Licensor, Licensee agrees to indemnify and hold harmless Licensor for all
losses, damages, costs or expenses related to such claim, regardless of Licensor's
negligence
(c) The liability assumed by Licensee 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 Licensor, its agents, servants employees, or otherwise, to the fullest
extent permitted by applicable law; provided, however, that Licensee shall have no
obligation to assume such liability to the extent caused by the negligence of Licensor or
its employees or agents where assumption of such liability would violate Washington,
Oregon, Idaho or the Province of British Columbia Laws.
Exhibit A - Resolution No. 2856
2 of 7 adopted July 7, 1997
10. If at any time during the term hereof Licensor shall desire to make any use of its
rail corridor with which the pipeline will in any way interfere, including the relocation of
existing or the construction of new pipelines and other facilities in which it shall have an
interest, Licensee shall, at Licensee's own cost, within thirty (30) days after receiving
written notice from Licensor to such effect, make such changes in the pipeline as in the
judgment of Licensor may be necessary to avoid interference with the proposed use of
its rail corridor
11 (a) Licensee shall, at its expense, procure and maintain throughout the term
of this License a comprehensive general form of insurance covering liability, including,
but not limited to, Public Liability, Personal Injury and Property Damage, as well as
Contractual Liability in the amount of $1,000,000 per occurrence and $2,000,000 in the
aggregate. Such insurance shall contain no exclusion with respect to rail corridor of
Licensor in the care, custody or control of Licensee. LICENSOR AND CATELLUS
MANAGEMENT CORPORATION SHALL BE NAMED AN ADDITIONAL INSURED.
(b) All risk insurance on the PIPE LINE of the Licensee, or Licensor's
property in Licensee's care, custody and control, shall contain a waiver of subrogation of
claims against Licensor Licensee shall maintain Workers Compensation insurance
which shall contain a waiver of subrogation against Licensor
(c) All insurance shall be placed with insurance companies licensed to do
business in the State in which the PIPE LINE is located, with a current Best's Insurance
Guide Rating of B and Class X, or better Licensee shall provide Licensor in advance of
said installation a Certificate of Insurance evidencing such insurance. Insurance must
provide for coverage of incidents occurring within fifty (50) feet of a railroad track, and
any provision in the insurance policy to the contrary must be specifically deleted.
(d) A Railroad Protective Liability insurance policy issued in the name of
Licensor with limits of $2,000,000 for bodily injury and property damage per occurrence
with an aggregate of $6,000,000 must be provided when construction work will be
performed within fifty (50) feet of Licensor's tracks. The policy will remain in force during
the construction phase of this protect and must be provided prior to Licensor signing this
license.
(e) In lieu of providing a Railroad Protective Liability Insurance policy,
Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance
Policy available to Licensee or its contractor The limits of coverage are the same as
above. The cost is $1,000.00.
elect to participate in Licensor's Blanket Policy;
I elect not to participate in Licensor's Blanket Policy
(f) The furnishing of insurance required by this Section shall in no way limit
or diminish the liability or responsibility of Licensee as provided under any Section of this
License
(g) Licensee shall be allowed to self-insure any or all of the insurance
coverages referenced above.
---
Exhibit A - Resolution No 2856
3 of 7 adopted July 7, 1997
12. Upon written notice from Licensor, Licensee agrees to assume the defense of
any lawsuit, or other proceeding brought against Licensor by any public body, individual,
partnership, corporation, or other legal entity, relating to any matter covered by this
License for which Licensee has an obligation to assume liability for and/or save and hold
harmless Licensor Licensee shall pay all the costs incident to such defense including,
but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement
payments, and amounts paid in satisfaction of judgments.
13. (a) Licensee shall comply with all federal, state and local environmental laws
and regulations in its use of Licensor's rail corridor, including, but not limited to, the
Resource Conservation and Recovery Act, as amended (RCRA), and the
Comprehensive Environmental Response, Compensation, and Liability Act, as amended
(CERCLA) Licensee shall not maintain a treatment, storage, transfer or disposal facility,
or underground storage tank, as defined by RCRA, on or under Licensor's rail corridor
Licensee shall not release or suffer the release of oil or hazardous substances, as
defined by CERCLA, on Licensor's rail corridor Notwithstanding any other requirements
in this contract, Licensee assumes all responsibility for the investigation and cleanup of
such release and shall indemnify and defend Licensor and its agents for all costs and
claims, including consultant and attorney fees, arising in any manner out of such release
or Licensee's failure to comply with environmental laws, regardless of whether such
costs or claims are caused or contributed to by the negligence or alleged negligence of
Licensor, except to the extent such costs or claims are proximately caused by Licensor's
gross negligence or intentional misconduct.
(b) Licensee shall give Licensor timely notice of any release, violation of
environmental laws or inspection or inquiry by governmental authorities charged with
enforcing environmental laws with respect to Licensor's rail corridor Licensee also shall
give Licensor timely notice of all measures undertaken by or on behalf of Licensee to
investigate, remediate, respond to or otherwise cure such release or violation.
(c) In the event that Licensor receives notice from Licensee or otherwise of a
release or violation of environmental laws which occurred or is occurring during the term
of this License, Licensor may require Licensee, at Licensee's sole expense, to take
timely measures to investigate, remediate, respond to or otherwise cure such release or
violation.
14 If default shall be made in any of the covenants or agreements of Licensee
contained in this document, or in case of any assignment or transfer of this License by
operation of law, Licensor may, at its option, terminate this License by serving five (5)
days' notice in writing upon Licensee; but any waiver by Licensor of any default or
defaults shall not constitute a waiver of the right to terminate this License for any
subsequent default or defaults, nor shall any such waiver in any way affect Licensor's
ability to enforce any Section of this License The remedy set forth in this Section shall
be in addition to, and not in limitation of, any other remedies that Licensor may have at
law or in equity
Exhibit A - Resolution No 2856
adopted July 7, 1997
4 of 7
15. Licensee shall promptly pay and discharge any and all liens arising out of any
construction, alterations or repairs done, suffered or permitted to be done by Licensee
on the PIPE LINE and shall indemnify Licensor against any loss, liability or expense
incurred by Licensor on account of such liens. Licensor is hereby authorized to post any
notices or take any other action upon or with respect to the PIPE LINE that is or may be
permitted by law to prevent the attachment of any such liens to Licensor's premises;
provided, however, that failure of Licensor to take any such action shall not relieve
Licensee of any obligation or liability under this Section or any other Section of this
License.
16. In the case of eviction of Licensee by anyone owning or obtaining title to the rail
corridor on which the PIPE LINE is located, or the abandonment by Licensor of said rail
corridor, Licensor shall not be liable to Licensee for any damage of any nature
whatsoever or to refund any payment made by Licensee to Licensor hereunder, except
the proportionate part of any recurring rental charge which may have been paid
hereunder in advance.
17 Any notice to be given by either party shall be deemed to be properly served if
deposited with the United States Postal Service, or other acceptable mailing service,
postage prepaid, addressed to either party, at the addresses and department shown
beneath signature of the parties.
18. In the event that Licensee consists of two or more parties, all the covenants and
agreements of Licensee herein contained shall be the joint and several covenants and
agreements of such parties.
19 Any contractor or subcontractor performing work on or in connection with the
PIPE LINE shall for the purpose of this license, be conclusively deemed to be the
servant and agent of Licensee acting on behalf and within the scope of such contractor's
or subcontractor's employment for Licensee.
20. Neither Licensee, nor the heirs, legal representatives, successors or assigns of
Licensee, nor any subsequent assignee, shall underlease or sublet the PIPE LINE nor
assign or transfer this License or any interest herein, without the prior written consent
and approval of Licensor
21 It is understood and agreed that this License shall not be placed of public record.
22. All the covenants and provisions of this License shall be binding upon the heirs,
legal representatives, successors and assigns of Licensee. No assignment by Licensee
shall be binding upon Licensor without the written consent of Licensor in each instance.
Exhibit A - Resolution No 2856
adopted July 7, 1997
5 of 7
23. All questions concerning the interpretation or application of provisions of this
License shall be decided according to the laws of the State in which the PIPE LINE is
located.
24 To the maximum extent possible, each provision of this License shall be
interpreted in such manner as to be effective and valid under applicable law, but if any
provision of this License shall be prohibited by, or held to be invalid under, applicable
law, such provision shall be ineffective solely to the extent of such prohibition or
invalidity, and this shall not invalidate the remainder of such provision or any other
provision of this License.
25. The waiver by Licensor of the breach of any provision herein by Licensee shall in
no way impair the right of Licensor to enforce that provision for any subsequent breach
thereof
26. Notwithstanding any other provisions of this license, Licensee shall comply with
all statutes, ordinances, rules, regulations, orders and decisions issued by any federal,
state or local governmental body or agency established thereby relating to Licensee's
use of Licensor's premises hereunder
27 This license is given by Licensor and accepted by Licensee upon the express
condition that the same may be terminated at any time by either party upon thirty (30)
days' notice in writing to be served upon the other party, stating therein the date that
such termination shall take place, and that upon the termination of this license in this or
any other manner herein provided, Licensee, upon demand of Licensor, shall abandon
the use of the PIPE LINE and remove the same and restore the rail corridor of Licensor,
as near as possible, to the same condition in which it was prior to the placing of the
PIPE LINE thereunder In case Licensee shall fail to restore Licensor's rail corridor
within Thirty (30) days after the effective date of termination, Licensor may proceed with
such work at the expense of Licensee. No termination hereof shall release Licensee
from any liability or obligation hereunder, whether of indemnity or otherwise, resulting
from any acts, omissions or events happening prior to the date the PIPE LINE is
removed and the rail corridor of Licensor restored as above provided.
28. This License is the full and complete agreement between Licensor and Licensee
with respect to all matters relating to license on the Premises, and supersedes any and
all other agreements between the parties hereto relating to license on the Premises.
Exhibit A - Resolution No 2856
adopted July 7, 1997
6 of 7
Catellus Management Corporation is acting as agent for The Burlington Northern And
Santa Fe Railway Company
WHEREOF, the parties have executed this agreement in duplicate the day and year first
above written.
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY
By Catellus Management Corporation
Its Attorney in Fact
4545 Fuller Drive, Suite 105
Irving, TX 75038
By.
s A. Ball, Manager Contracts
CITY OF AUBURN, WASHINGTON
25 West Main Street
Auburn, WA. 98001-4998
I (\ I
Title: `--Thie ` t,
RWJ-123
Exhibit A - Resolution No 2856
adopted July 7, 1997
7 of 7
EXHIBIT "A" RWJ 1 23
ATTACHED TO CONTRACT BETWEEN
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
AND
CITY OF AU3UN L.
In
FORT WORTH. TEXAS V- -
SCALE 1 IN = 100 FT MAP - cc
PACIFIC DIV I PARCEL
SEATTLE SUBDIV. L S. 0051 _Tiiiii— Z-T---+
DATE 05/21/1997
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DESCRIPTION OF PIPELINE PROPERTY LINE
PIPELINE SHOWN BOLD
CARRIER CASING CARRIER CASING
PIPE PIPE PIPE PIPE
SIZE 12" 24 " LENGTH ON R/W 100' 100'
CONTENTS WATER WORKING PRESSURE 80 PSI
PIPE MATERIAL DIP STEEL _ BURY BASE/RAIL TO TOP OF CASING 6. 5'
SPECIFICATION / GRADE CL 52 GR B BURY NATURAL GROUND 6" 5 '
WALL THICKNESS 0. 340" 0. 375 " BURY ROADWAY DITCHES 6. 5'
COATING ASPHALTIC N/A CATHODIC PROTECTION N/A
VENTS NUMBER N/A SIZE - HEIGHT OF VENT ABOVE GROUND -
NOTE CASING TO BE JACKED OR DRY BORED ONLY
AT AUBURN
COUNTY OF K I NG STATE OF WA SPK
Exhibit A - Resolution No 2856 DRAWING NO 1- 10527
adopted July 7, 1997
•
1 RESOLUTION NO. 2 8 5 6
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
4 PIPELINE LICENSE AGREEMENT BETWEEN THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY AND THE CITY OF AUBURN FOR THE CITY TO
5 CONSTRUCT AND MAINTAIN A TWELVE-INCH WATER PIPELINE CROSSING
6 THE BNSF TRACKS AT 3RD STREET SW
7
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
8
9 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
10 Section 1 The Mayor and City Clerk of the City of Auburn
11 are herewith authorized to execute a Pipeline License Agreement
12 between the City and the Burlington Northern and Santa Fe
13
Railway Company for the City to construct and maintain a 12-
14
15 inch water pipeline crossing the BNSF tracks at 3rd Street SW
16 A copy of said Agreement is attached hereto, denominated as
17 Exhibit "A" , and made a part hereof as though set forth in full
18
herein
19
Section 2 . The Mayor is hereby authorized to implement
20
21 such administrative procedures as may be necessary to carry out
22 the directives of this legislation
23
24
25
26 Resolution No 2856
June 16, 1997
Page 1
1 DATED this 7th day of July, 1997
2
3
CITY OF AUBURN
4
5
6
7
CHARLES A BOOTH
8 MAYOR
9
10
11
ATTEST
12
13
14 e/(G/'`t„, Ai /l-a -F
15 Robin Wohlhueter,
City Clerk
16
17
18
19 APPROVED AS TO FORM
20
21 ( QA
22 Michael J Reynolds,
23 City Attorney
24
25
26 ( Resolution No 2856
June 16, 1997
Page 2
aifir
•
CATELLUS JGi ? ' 1
Cfly 00004 OFARis
tov
July 22, 1997
PL97-22046
Ms. Robin Wohlhueter
Auburn City Clerk
City of Auburn
25 West Main
Auburn, WA. 98001
Dear Ms. Wohlhueter
Enclosed please find one (1) fully executed License for 12-inch water pipeline
crossing in Auburn, WA, dated July 22,1997, for the City's file as per Major Booth's
attached letter of July 16,1997 A copy of the executed Agreement must be available
upon request at the job site allowing authorization to do the work. Please contact
Roadmaster Ron Kazen at Tacoma, WA., telephone (206) 625-2563, five (5) days in
advance of entry and BEFORE YOU DIG, CALL 1-800-533-2891. If you need
additional information please contact me at (972) 719-6156.
Sincerely
Ron ackson
Contract Specialist
Enclosure
cc Mr Ron Kazen , Roadmaster
BNSF Railway Company
605 Puyallup Avenue
Kettle Falls, WA. 99141
Resource Management - Fort Worth
e o s P SA
CATELLUS MANAGEMENT CORPORATION
4545 FULLER DRIVE, SuIFE 105 IRVING, TEXAS 75038 (972) 719-0111 FAX (972) 719-6153
, GitvOf
CHARLES A. BOOTH,MAYOR AUBURN CITY CLERK
Rubin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001
Dam Daskam, Deputy City Clerk MAXIM - j City Clerk (206)93( 3039
Tart= Bothell, Records/License Clerk Business Registration:(206)931 3007 Fax.(206)931-3053
shmo
_nrD
July 16, 1997 I
Mr Ron Jackson, Contract Specialist
The Burlington Northern
and Santa Fe Railway
Attn: Catellus Management Corporation
4545 Fuller Drive, Suite 105
Irving, TX 75038
Re: City of Auburn Pipline License with BNSFRR
Dear Mr Jackson:
The City of Auburn adopted Resolution No. 2856 on July 7, 1997 authorizing a Pipe
Line License Agreement with Burlington Northern Santa Fe Railway for the construction
and maintenance of a 12-inch water pipeline crossing the railroad tracks at 3rd Street
SW in Auburn.
There are two original Pipe Line License Agreements enclosed that have been executed
by the City of Auburn and now require completion by the appropriate official from BNSF
In addition, enclosed find a certificate of insurance showing proof evidence of insurance
coverage, and City of Auburn check number 124286 in the amount of $4,000.00
covering license fees and the City's participation in the BNSF's blanket railroad
protective policy
Once the Agreements have been signed by BNSF, please return one fully executed
Pipe Line License to the Auburn City Clerk at the address referenced above
Sincerely,
r • \
Charles A. Booth
Mayor
cc: Diane Supler, Finance Director
Caroline Bergt, PW Contracts Administrator
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1 RESOLUTION NO. 2 8 5 6
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
4 PIPELINE LICENSE AGREEMENT BETWEEN THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY AND THE CITY OF AUBURN FOR THE CITY TO
5 CONSTRUCT AND MAINTAIN A TWELVE-INCH WATER PIPELINE CROSSING
6 THE BNSF TRACKS AT 3RD STREET SW
7
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
8
9 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
10 Section 1. The Mayor and City Clerk of the City of Auburn
11 are herewith authorized to execute a Pipeline License Agreement
12
between the City and the Burlington Northern and Santa Fe
13
Railway Company for the City to construct and maintain a 12-
14
15 inch water pipeline crossing the BNSF tracks at 3rd Street SW
16 A copy of said Agreement is attached hereto, denominated as
17 Exhibit "A" , and made a part hereof as though set forth in full
18
herein
19
Section 2 The Mayor is hereby authorized to implement
20
21 such administrative procedures as may be necessary to carry out
22 the directives of this legislation
23
24
25
26 Resolution No 2856
June 16, 1997
Page 1
•
1 DATED this 7th day of July, 1997
2
3
CITY OF AUBURN
4
5
7
CHARLES A BOOTH
8 MAYOR
9
10
11
ATTEST
12
13
14 ti(iticja44146.teicAy
15 Robin Wohlhueter,
City Clerk
16
17
18
APPROVED AS TO FORM
19
20
21
22 Michael J Reynolds,
23 City Attorney
24
25
26 Resolution No 2856
June 16, 1997
Page 2
•
ORIGINAL •
Form Approved
by VP-Law Contract No:
PIPE LINE LICENSE
THIS LICENSE, made this 22nd day of May, 1997, subject to the terms and conditions
set forth herein, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY, its successors and assigns, a Delaware corporation (hereinafter called "Licensor"),
party of the first part, and CITY OF AUBURN, WASHINGTON, a municipal corporation
(hereinafter, whether one or more, called "Licensee"), party of the second part.
WITNESSETH, That the parties hereto for the consideration hereinafter expressed
covenant and agree as follows:
1 Subject to the terms and conditions hereinafter set forth, Licensor grants a
nonexclusive license to Licensee to construct and maintain ONE(1) WATER PIPELINE,
12-INCHES IN DIAMETER (hereinafter, whether one or more pipe lines, called the
"PIPE LINE"), across or along the rail corridor of Licensor at or near the station of
Auburn, King County, Washington, Line Segment 51, Mile Post 21.60, the location of
the PIPE LINE being more particularly shown on the attached EXHIBIT "A", Drawing No.
1-10527, dated May 21, 1997, and made a part hereof
2. This agreement shall be effective _ , 1997
3. Licensee shall use the PIPE LINE solely for carrying WATER and shall not use it
to carry any other commodity or for any other purpose whatsoever
4 Licensee shall pay Licensor as compensation for this license the sum of TWO
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2,500.00).
5 Licensee shall, at its own cost and subject to the supervision and control of
Licensor's field engineer, locate and/or relocate, construct and maintain the PIPE LINE
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 or rail corridor of Licensor,
or the safe operation of its railroad. When the PIPE LINE is used for oil, gas, petroleum
products, or other flammable or highly volatile substances under pressure, the PIPE
LINE shall be constructed, installed and thereafter maintained in conformity with the
plans and specifications shown on print hereto attached, marked Exhibit B and made a
part thereof If at any time Licensee shall, in the judgment of Licensor, fail to perform
properly its obligations under this paragraph, Licensor may, at its option, arrange for the
performance of such work as it deems necessary for the safe operation of its railroad,
and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have
been rendered therefor, the cost so incurred by Licensor, but failure on the part of
Licensor to perform the obligations of Licensee shall not release Licensee from liability
hereunder for loss or damage occasioned thereby
Exhibit A - Resolution No 2856
adopted July 7, 1997
1 of 7
6. Licensee shall reimburse Licensor for any expense incurred by Licensor for false
work to support Licensor's tracks and for flagman to protect its traffic during installation
and maintenance periods and for any and all other expense incurred by Licensor on
account of the PIPE LINE. (The current rate, subject to change without notice, for
furnishing of Licensor's Flagman is a minimum daily charge of $300.00, for the first eight
hours, or any part thereof, per day, with an hourly charge of $45.00 per hour for any
time over eight hours per day).
7 Prior to any boring work on or about any portion of the Premises, Licensee shall
explore the proposed location for such work with hand tools to a depth of at least three
(3) feet below the surface of the ground to determine whether pipelines or other
structures exist below the surface, provided, however, that in lieu of the foregoing, the
Licensee shall have the right to use suitable detection equipment or other generally
accepted industry practice (e.p., consulting with the Underground Services Association)
to determine the existence or location of pipelines and other subsurface structures prior
to drilling or excavating with mechanized equipment.
8. Prior to installation, five (5) days advance notice must be given to Licensor's
Roadmaster, Ron Kazen at Tacoma,WA., telephone (206) 625-2563.
9 (a) Except as set forth in Section 9 (b), Licensee shall release, indemnify,
and hold harmless Licensor for all losses, damages, expenses, injuries or death to
Licensee, its employees, agents and contractors, arising in any manner from the
performance of this agreement, except for Licensor's gross negligence or intentional
misconduct.
Licensee further agrees to release, indemnify, and hold harmless Licensor for all
losses, damages, expenses, injuries, or death to any person, including Licensor, which
arise in any manner from the construction, maintenance, use, state of repair or
presence of Licensee's pipelines.
(b) Whenever any employee, agent or contractor of Licensee or any of
Licensee's Parties makes any claim for personal injury or death against Licensor within
the meaning of the Federal Employers' Liability Act, or any applicable safety act, (45
U.S.0 e51 et. seq.), for any incident caused, wholly or in part, by property, equipment,
fixtures or condition belonging to or subject to the control of Licensee, or claims or
alleges that he or she is an employee of Licensor or is furthering the operational
activities of Licensor, Licensee agrees to indemnify and hold harmless Licensor for all
losses, damages, costs or expenses related to such claim, regardless of Licensor's
negligence.
(c) The liability assumed by Licensee 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 Licensor, its agents, servants employees, or otherwise, to the fullest
extent permitted by applicable law; provided, however, that Licensee shall have no
obligation to assume such liability to the extent caused by the negligence of Licensor or
its employees or agents where assumption of such liability would violate Washington,
Oregon, Idaho or the Province of British Columbia Laws.
Exhibit A - Resolution No. 2856
2 of 7 adopted July 7, 1997
10. If at any time during the term hereof Licensor shall desire to make any use of its
rail corridor with which the pipeline will in any way interfere, including the relocation of
existing or the construction of new pipelines and other facilities in which it shall have an
interest, Licensee shall, at Licensee's own cost, within thirty (30) days after receiving
written notice from Licensor to such effect, make such changes in the pipeline as in the
judgment of Licensor may be necessary to avoid interference with the proposed use of
its rail corridor
11 (a) Licensee shall, at its expense, procure and maintain throughout the term
of this License a comprehensive general form of insurance covering liability, including,
but not limited to, Public Liability, Personal Injury and Property Damage, as well as
Contractual Liability in the amount of $1,000,000 per occurrence and $2,000,000 in the
aggregate. Such insurance shall contain no exclusion with respect to rail corridor of
Licensor in the care, custody or control of Licensee. LICENSOR AND CATELLUS,
MANAGEMENT CORPORATION SHALL BE NAMED AN ADDITIONAL INSURED.
(b) All risk insurance on the PIPE LINE of the Licensee, or Licensor's
property in Licensee's care, custody and control, shall contain a waiver of subrogation of
claims against Licensor Licensee shall maintain Workers Compensation insurance
which shall contain a waiver of subrogation against Licensor
(c) All insurance shall be placed with insurance companies licensed to do
business in the State in which the PIPE LINE is located, with a current Best's Insurance
Guide Rating of B and Class X, or better Licensee shall provide Licensor in advance of
said installation a Certificate of Insurance evidencing such insurance. Insurance must
provide for coverage of incidents occurring within fifty (50) feet of a railroad track, and
any provision in the insurance policy to the contrary must be specifically deleted.
(d) A Railroad Protective Liability insurance policy issued in the name of
Licensor with limits of $2,000,000 for bodily injury and property damage per occurrence
with an aggregate of $6,000,000 must be provided when construction work will be
performed within fifty (50) feet of Licensor's tracks. The policy will remain in force during
the construction phase of this protect and must be provided prior to Licensor signing this
license.
(e) In lieu of providing a Railroad Protective Liability Insurance policy,
Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance
Policy available to Licensee or its contractor The limits of coverage are the same as
above. The cost is 51.000.00.
/I elect to participate in Licensor's Blanket Policy;
J I elect not to participate in Licensor's Blanket Policy
(f) The furnishing of insurance required by this Section shall in no way limit
or diminish the liability or responsibility of Licensee as provided under any Section of this
License.
(g) Licensee shall be allowed to self-insure any or all of the insurance
coverages referenced above.
Exhibit A - Resolution No. 2856
adopted July 7, 1997
3 of 7
12. Upon written notice from Licensor, Licensee agrees to assume the defense of
any lawsuit, or other proceeding brought against Licensor by any public body, individual,
partnership, corporation, or other legal entity, relating to any matter covered by this
License for which Licensee has an obligation to assume liability for and/or save and hold
harmless Licensor Licensee shall pay all the costs incident to such defense including,
but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement
payments, and amounts paid in satisfaction of judgments.
13. (a) Licensee shall comply with all federal, state and local environmental laws
and regulations in its use of Licensor's rail corridor, including, but not limited to, the
Resource Conservation and Recovery Act, as amended (RCRA), and the
Comprehensive Environmental Response, Compensation, and Liability Act, as amended
(CERCLA) Licensee shall not maintain a treatment, storage, transfer or disposal facility,
or underground storage tank, as defined by RCRA, on or under Licensor's rail corridor
Licensee shall not release or suffer the release of oil or hazardous substances, as
defined by CERCLA, on Licensor's rail corridor Notwithstanding any other requirements
in this contract, Licensee assumes all responsibility for the investigation and cleanup of
such release and shall indemnify and defend Licensor and its agents for all costs and
claims, including consultant and attorney fees, arising in any manner out of such release
or Licensee's failure to comply with environmental laws, regardless of whether such
costs or claims are caused or contributed to by the negligence or alleged negligence of
Licensor, except to the extent such costs or claims are proximately caused by Licensor's
gross negligence or intentional misconduct.
(b) Licensee shall give Licensor timely notice of any release, violation of
environmental laws or inspection or inquiry by governmental authorities charged with
enforcing environmental laws with respect to Licensor's rail corridor Licensee also shall
give Licensor timely notice of all measures undertaken by or on behalf of Licensee to
investigate, remediate, respond to or otherwise cure such release or violation.
(c) In the event that Licensor receives notice from Licensee or otherwise of a
release or violation of environmental laws which occurred or is occurring during the term
of this License, Licensor may require Licensee, at Licensee's sole expense, to take
timely measures to investigate, remediate, respond to or otherwise cure such release or
violation.
14 If default shall be made in any of the covenants or agreements of Licensee
contained in this document, or in case of any assignment or transfer of this License by
operation of law, Licensor may, at its option, terminate this License by serving five (5)
days' notice in writing upon Licensee; but any waiver by Licensor of any default or
defaults shall not constitute a waiver of the right to terminate this License for any
subsequent default or defaults, nor shall any such waiver in any way affect Licensor's
ability to enforce any Section of this License The remedy set forth in this Section shall
be in addition to, and not in limitation of, any other remedies that Licensor may have at
law or in equity
Exhibit A - Resolution No 2856
adopted July 7, 1997
4 of 7
15. Licensee shall promptly pay and discharge any and all liens arising out of any
construction, alterations or repairs done, suffered or permitted to be done by Licensee
on the PIPE LINE and shall indemnify Licensor against any loss, liability or expense
incurred by Licensor on account of such liens. Licensor is hereby authorized to post any
notices or take any other action upon or with respect to the PIPE LINE that is or may be
permitted by law to prevent the attachment of any such liens to Licensor's premises;
provided, however, that failure of Licensor to take any such action shall not relieve
Licensee of any obligation or liability under this Section or any other Section of this
License.
16. In the case of eviction of Licensee by anyone owning or obtaining title to the rail
corridor on which the PIPE LINE is located, or the abandonment by Licensor of said rail
corridor, Licensor shall not be liable to Licensee for any damage of any nature
whatsoever or to refund any payment made by Licensee to Licensor hereunder, except
the proportionate part of any recurring rental charge which may have been paid
hereunder in advance.
17 Any notice to be given by either party shall be deemed to be properly served if
deposited with the United States Postal Service, or other acceptable mailing service,
postage prepaid, addressed to either party, at the addresses and department shown
beneath signature of the parties.
18. In the event that Licensee consists of two or more parties, all the covenants and
agreements of Licensee herein contained shall be the joint and several covenants and
agreements of such parties.
19 Any contractor or subcontractor performing work on or in connection with the
PIPE LINE shall for the purpose of this license, be conclusively deemed to be the
servant and agent of Licensee acting on behalf and within the scope of such contractor's
or subcontractor's employment for Licensee.
20. Neither Licensee, nor the heirs, legal representatives, successors or assigns of
Licensee, nor any subsequent assignee, shall underlease or sublet the PIPE LINE nor
assign or transfer this License or any interest herein, without the prior written consent
and approval of Licensor
21 It is understood and agreed that this License shall not be placed of public record.
22. All the covenants and provisions of this License shall be binding upon the heirs,
legal representatives, successors and assigns of Licensee. No assignment by Licensee
shall be binding upon Licensor without the written consent of Licensor in each instance.
Exhibit A - Resolution No. 2856
adopted July 7, 1997
5 of 7
23. All questions concerning the interpretation or application of provisions of this
License shall be decided according to the laws of the State in which the PIPE LINE is
located.
24 To the maximum extent possible, each provision of this License shall be
interpreted in such manner as to be effective and valid under applicable law, but if any
provision of this License shall be prohibited by, or held to be invalid under, applicable
law, such provision shall be ineffective solely to the extent of such prohibition or
invalidity, and this shall not invalidate the remainder of such provision or any other
provision of this License.
25. The waiver by Licensor of the breach of any provision herein by Licensee shall in
no way impair the right of Licensor to enforce that provision for any subsequent breach
thereof
26. Notwithstanding any other provisions of this license, Licensee shall comply with
all statutes, ordinances, rules, regulations, orders and decisions issued by any federal,
state or local governmental body or agency established thereby relating to Licensee's
use of Licensor's premises hereunder
27 This license is given by Licensor and accepted by Licensee upon the express
condition that the same may be terminated at any time by either party upon thirty (30)
days' notice in writing to be served upon the other party, stating therein the date that
such termination shall take place, and that upon the termination of this license in this or
any other manner herein provided, Licensee, upon demand of Licensor, shall abandon
the use of the PIPE LINE and remove the same and restore the rail corridor of Licensor,
as near as possible, to the same condition in which it was prior to the placing of the
PIPE LINE thereunder In case Licensee shall fail to restore Licensor's rail corridor
within Thirty (30) days after the effective date of termination, Licensor may proceed with
such work at the expense of Licensee. No termination hereof shall release Licensee
from any liability or obligation hereunder, whether of indemnity or otherwise, resulting
from any acts, omissions or events happening prior to the date the PIPE LINE is
removed and the rail corridor of Licensor restored as above provided.
28. This License is the full and complete agreement between Licensor and Licensee
with respect to all matters relating to license on the Premises, and supersedes any and
all other agreements between the parties hereto relating to license on the Premises.
Exhibit A - Resolution No 2856
adopted July 7, 1997
6 of 7
•
Catellus Management Corporation is acting as agent for The Burlington Northern And
Santa Fe Railway Company
WHEREOF, the parties have executed this agreement in duplicate the day and year first
above written.
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY
By Catellus Management Corporation
Its Attorney in Fact
4545 Fuller Drive, Suite 105
Irving, TX 75038
By
James A. Ball, Manager Contracts
CITY OF AUBURN, WASHINGTON
25 West Main Street
Auburn, WA. 98001-4998
By Ckea.�1€ ►�
Title: (J ?
RWJ-123 0
Exhibit A - Resolution No. 2856
adopted July 7, 1997
7 of 7
EXHIBIT "A" RWJ-123
ATTACHED TO CONTRACT BETWEEN
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
AND
CITY OF AU3UP \ M
in
Ln
FORT WORTH, TEXAS V- - ,y
SCALE 1 IN = 100 FT MAP - iz
PACIFIC DIV I PARCEL = a
SEATTLE SUBDIV. L S 0051 ./ ii:,— Z--z _ m
DATE 05/21/1997
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a DESCR l' I ¢1 9 r .it.:1 I 8 5T
IPTION OF PIPELINE PROPERTY LINE
PIPELINE SHOWN BOLD
CARRIER CASING CARRIER CASING
PIPE PIPE PIPE PIPE
SIZE 12 " 24 " LENGTH ON R/W 100' 100'
CONTENTS WATFR WORKING PRESSURE 80 PSI
PIPE MATERIAL DIP STEEL BURY BASE/RAIL TO TOP OF CASING 6. 5 '
SPECIFICATION / GRADE CL 52 GR B BURY NATURAL GROUND 6. 5'
WALL THICKNESS 0. 340" 0. 375" BURY ROADWAY DITCHES 6. 5 '
COATING ASPHALTIC N/A CATHODIC PROTECTION N/A
VENTS NUMBER N/A SIZE - HEIGHT OF VENT ABOVE GROUND -
NOTE CASING TO BE JACKED OR DRY BORED ONLY
AT AUBURN
COUNTY OF KING STATE OF WA SPK
Exhibit A - Resolution No 2856 DRAWING NO 1- 10527
,r1nntnri Illly 7 1997
r ,
c' Washington Cities Insurance
Ate, Authority
28-May-97 Certti• 1211
BURLINGTON NORTHERN& SANTE FE RAILWAY CO
ATTN: CATELLUS MANAGEMENT CORP
4545 FULLER DRIVE, SUITE 105
IRVING,TX 75038
RE. City of Auburn
CITY ACTIVITIES AS RESPECTS LICENSE FOR 12-INCH WATER PIPELINE
CROSSING.
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,
,L_
Eric B Larson
Assistant Director
cc
Diane Supler '
CAROLINE BERT
cletter
PO. Box 1165, Renton,WA 98057
(425)277-7237 Fax 277-7242
CITY OF AUBURN • STATE OF WASHINGTON • 98001
- INVOICE NUMBER DATE P.O. NUMBER DESCRIPTION AMOUNT - .
PR599 06/ 30/97 974880 PR599 PROCESS FEE CONTRACT FEE ; 4 000 00
I
07/07/97 CHECK TOTAL 4 000 00
PLEASE DETACH BEFORE DEPOSITING
U.S. BANK CLAIMS CHECK PN 12 4 2 8 6 19-10
Ctt,Vor Auburn Branch 1250
CITY OF AUBURN 1.j ft Auburn,WA 98002 AFTER CHECK NDATE 317
VENDOR
"Aa�bu�m"
25 WEST MAIN STREET 4.37 c NUMBER DATE NUMBER AMOUNT
STATE OF WASHINGTON 98001 �•nhe
30822007 / 07/97 12428E ******4 000 00
PAY FOUR THOUSAND
DOLLARS AND NO CENTS
TO THE BURLINGTON NORTHERN 8 SANTE FE P\k 1 (l �e-
RAILWAY COMPANY 0.7�6 ^I
ORDER PO BOX 73043
CHICAGO IL 60673 7043
OF I (L
AUTHORIZED SIGN URE
II' L 24 28611' I: 125000 1.0 51: 3 1. 11 7 0 38 54 L11'
INTER-DEPARTMENT MEMO
DATE. July 11, 1997
TO Robin Wohlhueter, City Clerk
FROM: Caroline Bergt, Contracts Administrator
SUBJECT Resolution No. 2856, Pipeline License with BNSFRR
Attached for your information and files is a copy of the letter sent to Ernie Berg from
Catellus about the Pipeline License.
Attached for enclosure with the letter to BNSFRR transmitting the signed agreements
are.
1) A check for $4,000 This is for the $500 processing fee, $2,500 contract fee and
$1,000 insurance fee
2) Evidence of Coverage of Insurance from WCIA.
Please turn to page 3 of each original agreement and check the box in Section 11 (e)
that reads:
❑ I elect to participate in Licensor's Blanket Policy
Please cc: me the letter
obit-)
toe cC4 fc� elt v
heave CuSss,_Q. i z,wrre-Y)cc).
PI ecz rriarzt 0 peF lcol-Cz
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 2856
Date: 6/19/97
Department: Attachments: Budget Impact:
Public Works Pipe Line License $4,000.00
Administrative Recommendation:
Introduce and approve Resolution No. 2856.
Background Summary'
Resolution No. 2856 authorizes the execution of a pipeline license agreement between Burlington
Northern Santa Fe Railway and the City for the construction and maintenance of a 12-inch water pipeline
crossing the tracks at 3rd St SW The license in needed for the construction of City Project
PR 599, 1997 Water Pipeline Improvement Program.
T � � ✓ a r—
71--a- STi P4-1 - 4-7 re �
3: !( a t i-a-r� 4 MC- em-a" �C%n s vr�-`���
c4.4 t
, js"e"
W0707-4 PW/C
Reviewed by Council Committees 8 Commissions. Reviewed by Departments 8 Divisions.
_ Arts Commission COUNCIL COMMITTEES: _ Airport -- M80
_ Hearing Examin. _ Finance _ Building -- Mayor
_ Human Resources Municipal Services _ Cemetery _ Parks
_ Library Board _ Planning 8 CD _ Finance _ Personnel
_ Park Board Public Works Fire -- Planning
_ Planning Comm. Legal Police
Other -> Library Public Works
Approved _ Call for Hearing _/_/_ Referred to Until _/_/_
Committee Approval Yes No Tabled Until / /
J
Councilmember Wagner Staff. Currie
Meeting Date: 6/23/97 Item Number: Page: 1
&I CC (z --G ro Per �
y, COO ( k
•
CATELLUS
ckexitc. -fro 1 (1
May 23, 1997
RWJ-123 1 �
Mr Ernest L. Berg, P.E. /' Oc tro- ( v
Department of Public Works S a c ^� P G+
City of Auburn 1uo0 tJ ru ✓ e,�
25 West Main
Auburn, WA. 98001-4998
Dear Mr Berg:
Enclosed please find duplicate counterpart of the City of Auburn's requested License for
12-inch water pipeline crossing in Auburn, WA., for execution by an official authorized to
execute contract agreements on behalf of the City Please have both copies executed and
return both copies of this License for completion on part of The Burlington Northern And Santa
Fe Railway Company ("BNSF") along with the following requirements: ,
• A check in the amount of $2,750 00 payable to The Burlington Northern And Santa Fe
Railway Company which covers the contract fee of $2,500.00 and the processing fee of
$250.00.
• A certificate of insurance evidencing that Licensee maintains a comprehensive general form
of insurance as required in the agreement. BNSF and Catellus Management Corporation
shall be named as additional insured;
• A separate certificate of insurance proving the purchase of a Railroad Protective Liability
Policy as required in the agreement. BNSF will be the only insured party In lieu of this
requirement, the City may participate in the BNSF's Blanket Railroad Protective Policy by
checking the appropriate box in the contract and including an additional $1.000.00 with the
City's check.
The enclosed License is not a binding agreement and shall become binding only when,
and if, it is executed by your Company and fully approved and executed by BNSF (or its
Attorney In Fact, Catellus Management Corporation) Please be informed that if contracts, fees,
and insurance are not returned within forty-five (45) days, the processing fee will increase to
x$500 00
Upon completion on behalf of BNSF, one fully executed Permit will be returned for your
records. If you have any questions, please contact me at (972) 719-6156.
Sincerely, ctr (7\n Z�S(o g0 i y q
Ron J .ckson
( 0 LE? CA/ 7/7/T 7 7fje °/21 rd1J
Contract Specialist
CATELLUS MANAGEMENT CORPORATION
4545 FULLER DRIVE SUITE 105 IRVIiNG TEXAS 75038 (972) 719-0111 FAX (972) 719-0153
•
July 16, 1997
Mr Ron Jackson, Contract Specialist
The Burlington Northern
and Santa Fe Railway
Attn: Catellus Management Corporation
4545 Fuller Drive, Suite 105
Irving, TX 75038
Re- City of Auburn Pipline License with BNSFRR
Dear Mr Jackson:
The City of Auburn adopted Resolution No. 2856 on July 7, 1997 authorizing a Pipe
Line License Agreement with Burlington Northern Santa Fe Railway for the construction
and maintenance of a 12-inch water pipeline crossing the railroad tracks at 3rd Street
SW in Auburn.
There are two original Pipe Line License Agreements enclosed that have been executed
by the City of Auburn and now require completion by the appropriate official from BNSF
In addition, enclosed find a certificate of insurance showing proof evidence of insurance
coverage, and City of Auburn check number 124286 in the amount of $4,000.00
covering license fees and the City's participation in the BNSF's blanket railroad
protective policy
Once the Agreements have been signed by BNSF, please return one fully executed
Pipe Line License to the Auburn City Clerk at the address referenced above.
Sincerely,
Charles A. Booth
Mayor
cc: Diane Supler, Finance Director
Caroline Bergt, PW Contracts Administrator
- Cady op
CHARLES A.BOOTH,MAYOR // AUBURN'CITY CLERK
Robin Wohlhueter,Cay ClerkI '.bu. 25 West Main, Auburn,WA 98001
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Dani Daskam, Deputy City Clerk 1\ b� 1` City Clerk:(25 )931-3(139
Tamie Bothell, Records/License Clerk Business Registration:(253)9313007 Pax.(253)288-3132
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No 2856 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2856 "
I certify that said Resolution No 2856 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 7th day of July, 1997
Witness my hand and the seal of the City of Auburn this 5th day of August, 1997
Robin Wohlhueter
City Clerk
City of Auburn