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HomeMy WebLinkAbout08-75 RESOLUTION• RESOLUTION NO. $-hS A RESOLUTION AUTHORIZING A PIPE LINE CONTRACT WITH ST. LOUIS -- SAN FRANCISCO RAILWAY COMPANY FOR A UTILITY LINE CROSSING NORTH OF THE INTERSECTION OF JOHNSON ROAD AND ARKANSAS HIGHWAY NO. 180. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a pipe line contract with St. Louis --San Francisco Railway Company for a utility line crossing North of the intersection of Johnson Road and Arkansas Highway No. 180. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. Section 2. That the City Controller be, and he hereby is, authorized and directed to issue a check in the amount of $50 payable to St. Louis --San Francisco Railway Company in consideration for the contract attached hereto as Exhibit "A". PASSED AND APPROVED THIS -/-- DAY OF kg A- 1975. 0 APPROVED: 410. tit ATTEST,: 4A7,44 CITY CLERK 117- ( LA29 MAYOR 1 • PIPE LINE CONTRACT Form MW.1 Rev_ Sept. 1974 THIS AGREEMENT. entered into, is duplicate, this2L th day of January • 19 1-2- between ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY, hereinafter called 'Frisco', parry of the first part and City - of -Fayetteville -- - - hereinafter called 'Licensee , party of the second part, the term 'Licensee• wherever herein used referring to and meaning each and every parry of the second part hereto; WITNESSETH: Frisco, in comideratioa of the coveoaats and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Liceosee to excavate for lay construct, maintain, repair and operate 8 -inch water pipe line _(hereinafter referred to as 'pipe line') ander the right of way and tracks of Frisco, at or near Fayetteville Washington County Arkansas at the following described focatioa: _ Mils Post. 349437 The aforesaid gant is made by Frisco and accepted by Licensee upon and subject to the following conditions: 1. Licensee shall pay to Frisco an initial charge of Pi Dollars (S 50.00 ), Z1TNc.ar.+tw>eysmss' annual. rental war%Tat. d promptly upon presentation of bill therefor. -• - 2. Licensee for LI 'a contractor) shall lay, construct and.maintain said pipe line In strict accordance with the current specifications of the American Railway Eng'neering Association, copies of which may be obtained from the Ametteaa Railway Engineering Association, 59 E. Van Buren, Chicago, Ill. 60805. 3. Licensee for Liceasee's'concactor) shall. at Licensee's expense. do all work of excavating for, laying, constructing maintaining. satiation end operating said pipe line at such times end in such manner as not to 'aterfere with,-endangec or obstruct the roadbed --tracks or right of way of Frisco or the capitation of ice railroad. All work done hereunder by Licensee (or Licensee's contractor) shall be ander the direction and subject to the inspection and approval of Frisco's Chief Engineer, or other authorized representative, who shall have full authority to direct the time and manner of doing the work and require the same to be done as he directs; and if Licensee (et Licensee's con- tractor) fails or refuses to comply with his d nctioos, said Chief Eagineer, or other authotized representative, may stop.the work altogether. 4. If Frisco shall at any time change the grade of said right of way or tracks, or change the location of any tracks, improvements, facilities, structures of appurtenances now -or hereafter located upon said right of way, or construct or cause oe allow to be constructed any •additioaal tracks, improvements, facilites, structures or appurteaaaces upon said right of way, 'and shall not terminate this agreement o0 account thereof, Licensee shall thereupon, at Licensee's sole cost and expense, change the grade or location of and.reconswnet said pipe . line in a manner prescribed by Frisco's Chief Engineer or other authorized representative. • 9 Licenseeshall pay to Frisco, promptly upon rendition of bill therefor, all costs and expenses of every kind and character in- - turned by Frisco, incidental to any work done, or to be done, by Licensee (or Licensee's contactor) under the terms of this agreement or which, under the terms hereof, are to be borne by Licensee. Such costs and expenses shall include, but not be limited to, costs of labor, traveling expenses,.material, height charges on material, applicable percentages for vacation allowances and paid holidays, health and wel- fare benefits, and payroll and sales taxes,plus ten per cent (10$) to cover accounting, use of tools and general overhead - 6. Licensee. as a furt'ner consideration for the aforesaid grant, hereby agrees to indemnify and save harmless Frisco from any and 211 claims, demands, causes of action, damages, judjments, costs, attorney's fees and expenses (a) that Frisco may sustain, incur or become liable for on account of loss or desttuetioa of or damase to property whatsoever and death of or injury to persons whomsoever and (b) all loss cr destruction of in damage to said pipe line and all other property of Licensee, growing out of excavating for, laying, construcrtng. recoa- at:nctie3, maintaining, operating, repairing or removing of said pipe line, or the failure of Licensee (or Licensee's contractor) to comply fully with Licensee's obligations hereunder, and whether caused by negligence of Frisco, its agents, servants or employes, or otherwise. 7. If either party hereto shall violate, continuously or otherwise, any of the tetras of this agreement binding upon it, the other party hereto shall thereby be deemed aeitbet to have waived nor relinquished any such term of this agreement nor to have acquiesced in such vio- lation thereof, unless the other party shall expressly consent thereto is writing.. • - 8. Either parry may terminate this agreement by giving to the other parry thirty (30) days' written notice of intention so to do. Upon any termination of this agreement, Licensee shall, at its sole cost and expense, within ten (10) days thereafter remove said pipe line from under said right of way and tracks and restore the same to a conditioa satisfactory to Frisco, and if Licensee shall fail so to do. Frisco shall have the right to make such removal and restoration at the expense of Licensee. No termination of this agreement shall release Licensee from any liability or obligation that may have been incurred by or that may have accrued against Licensee hereunder during the tern hereof. 9. This agreement shall bind and inure to the benefit of the successors and assigns of Frisco and the successors, heirs, executors, administrators and assigns of Licensee; provided chat Licensee shall have no right to assign or transfer this agreement without first obtaining the writtea consent of Frisco. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written. Deletion made in Par. 1 prior to execution of contract. ATTEST. Secretary G?IN__,, .ESS: (If nor a corporation) j AAX.0 iia) .�� n A,f;'_„e_/ - ATTEST: (ii t corporation) Secretary By ST. LOUIS -SAN FRANCISCO RAILWAY CON9ANY Superintendent CITYCP FAx TT"viT;T'R By ') /7/2.ZGG' /2 aary Title )277624. •