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Home My WebLink About86-79 RESOLUTION4 • • RESOLUTION NO. g l0 • • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PIPELINE CONTRACT WITH ST. LOUIS—SAN FRANCISCO RAILWAY COMPANY FOR THE RELOCATION OF AN 8" WATER LINE ON U.S. HIGHWAY 71 SOUTH. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized to execute a pipeline contract with St. Louis -San Francisco Railway Company for the relocation of an 8" water line on U.S. Highway 71 South. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this " day of S2iiPA, 1979. ATTE74 ST:- L. _C."- MICROFILMELY, g+ ...i OCT DATE a t979 n./ , ` / • ' REEL ;'CITY ERKY •F APPROVED: lu� _ MAYOR D. L. STARLING Superintendent - Eastern Division • • ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY 1625 N. Lexington —Springfield, Mo. 65801 — (417) 862-2722 FAYERTEVTLLE• City of Fayetteville: 8" Water Line (St. Paul Branch) Ms. Betty McFayden Engineering Aide City Engineer's Office Fayetteville, Arkansas 72701 Dear Ms. McFayden: October 18, 1979 Am attaching City's Counterpart of Pipe Line Contract, covering one 8 in. water line on East side Business U. St. Paul Branch, Station 24 + 10, for your records. Yours truly, 1/614A-bLI D. L. Starling -Superintendent c\ Form MW -1, S. 71, under oler- o. • tap PIPE LINE CONTRACT _ • Form MW -1 Rev. Sept. 1974 THIS AGREEMENT, entered into, in duplicate, this 29th day of Aitgnnt 19 79 between ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY, hereinafter called 'Frisco•, parry of the first part and CITY OF FAYETTEVILLE, ARKANSAS hereinafter called •Licensee•, party of the second part, the term 'Licensee wherever herein used referring to and meaning each and every party of the second part hereto; WITNESSETH: Frisco, in consideration of the covenants and agreements hereinafter contained toie kent1end performed by Licensee, hereby grants permission to Licensee to excavate for, lay, construct, maintain, repair and operate teff Water line Fayetteville at the following described location: pipe line___(hereinafterreferred to as 'pipe line) under the right of way and tracks of Frisco, at or near Washington County Arkansas East side Business U. S. 71 under St. Paul Branch, Station 24 +110 The aforesaid grant 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 One -Hundred & nO/1OO Dollars ($ 100.00) xgt}( ggaaHxio(;xWxxxxxxxRAwxsfxxxiNHEtRxfocARARRxxxxxxxxxxxxxxwFoug i(xTA§txARMImmpOirxlmgya€)raalsnafix 2. Licensee -(or-LIcense'e's'contractor)- shall lay construct and maintain said pipe line in strict accordance with the current specifications of the American Railway Engineering Association, copies of which may be obtained from the American Railway Engineering Association, 69 E. Van Buren, Chicago, Ill. 60605. 3. Licensee (or Licensee's contractor) shall, at Licensee's expense, do all work of excavating for, laying, constructing maintaining, repairing and operating said pipe line at such times and in such manner as not to interfere with, endanger or obstruct the roadbed, tracks or right of way of Frisco or the operation of its railroad. All work done hereunder by Licensee (or Licensee's contractor) shall be under the direction and subject to the inspection and approval of Frisco's Chief Engineer, or other autho ized representative, who shall have full authority to direct the time and manner of doing the work and require the same to be done as be directs; and if Licensee (or Licensee's con- tractor) fails or refuses to comply with his directions, said Chief Engineer, or other authorized representative, may stop rhe work altogether. 4. 1f 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 or appurtenances now or hereafter located upon said right of way, ca construct or cause or allow to be constructed any additional tracks, improvements, facilities, structures or appurtenances upon said right of way, and shall not terminate this agreement on account thereof, Licensee shall thereupon, at Licensee's sole cost and expense, change the grade or location of and reconstruct said pipe line in a manner prescribed by Frisco's Chief Engineer or other authorized representative. 5. Licensee shall pay to Frisco, promptly upon rendition of bill therefor, all costs and expenses of every kind and character in- curred by Frisco, incidental to any work done, or to be done, by Licensee (or Licensee's contractor) 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, freight charges on material, applicable percentages for vacation allowances and paid holidays, health and wel- fare benefits, and payroll and sales taxes, plus ten percent (109.) to cover accounting, use of tools and general overhead. 6. Licensee, as a further consideration for the aforesaid grant, hereby agrees to indemnify and save harmless Frisco from any and all 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 destruction of or damage to property whatsoever and death of or injury to persons whomsoever and (b) all loss or destruction of or damage to said pipe line and all other property of Licensee; growing out of excavating for, laying, constructing, recon- structing, 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 terms of this agreement binding upon it, the other party hereto shall thereby be deemed nei her to have waived nor relinquished any such term of this agreement nor to have acquiesced in such vio- lation thereof, unless the other par y shall expressly consent thereto in writing. 8. Either party may terminate this agreement by giving to the other party 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 tight of way and tracks and restore the same to a condition 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 term 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 that Licensee shall have no right to assign or transfer this agreement without first obtaining the written consent of Frisco. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written. Portion of Paragraph One Deleted Prior to Execution. ATTEST: Secretary WITNESS; (If not a corporation) -�P_ - CY. - ATTESTi (If a corporation)" �.ut`t94cj-•AR Touzc12.) USecreiery c By ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY CITY OP FAYETTEVILLE,ARIANSAS Titles