Ordinance No. 2,3308060
ORDINANCE NO. 2330
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACTOR'S
RIGHT OF ENTRY WITH SOUTHERN PACIFIC TRANSPORTATION
COMPANY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby approves the agreement with Southern Pacific
Transportation Company for right of entry on their premises
to clean ditches and authorizes the City Manager and the City Clerk
of the City of Baytown to execute and attest to said agreement.
A copy of said agreement is attached hereto, marked Exhibit
"A," and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect from and
after the passage by the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this 13th day
of October , 1977.
'=5�, /'-4�
TOM GENTRY, Mayor
- ATTEST: t
EILM. P. HALL, City Clerk
APPROVED:
NE CH SON, City Attorney
,�1.; t 1 �� �. .� `).i ..i lei. ,
_ �
I�
� � .
- %�1� � � .
- ' �--'� ,
:'�
... � � . _ ;:.. .. ._ i. _
8061
E X H I B I T "A"
8062
Approved as to form by Gent— Counsel on Form C.S. 7345
May 1, 1973 Sheet No. i or 2
CONTRACTOR'S RIGHT OF ENTRY
Jgbig; %Teetnent, dated August 25 _ , 197 , by and between Southern Pacific
_Tza"portation Company a corporation, herein called "Railroad ", and Ci�f_B.ayrnsm, TaXna
,herein called "Contractor "; P_ (). Rnx 424- Raytlnwn, Texn s 7 520
lvitntnetb:
1. For the period not to extend beyond November 25 '19-11- ,
Railroad hereby permits Contractor to enter upon the property of Railroad iRgW"9*RXWA within the city
limits of Baytown, Texas ,
as may be necessary in connection with work to be performed on Railroad premises by Contractor HtAkilll AWR9NX
same being the cleaning of ditches located on Railroad's premises at the Contractor's
K*W* expense , and for no other purpose.
2. Contractor agrees to
(a) Perform that portion of the work on Railroad premises in accordance with plans and specifications approved
by Railroad in such manner and at such times as shall not endanger or interfere with Railroad's operations and in ac-
cordance with the regulations of Railroad and instructions of Railroad's representative. Contractor shall submit to Rail-
road for approval all construction details, falsework and other incidentals not detailed in plans, insofar as they affect
Railroad.
(b) Maintain, at Contractor's expense, competent flagmen to protect and control movement of vehicles and equip-
ment of Contractor while upon Railroad premises.
(c) Notify Railroad at least five (5) working days before commencing work on Railroad premises and within five
(5) working days after such work is completed
(d) Keep all equipment, tools and materials stored at least fifteen (15) feet from the center line of any operable
track. Explosives or other highly inflammable substances will not be stored on Railroad premises without the prior
approval of Railroad's representative.
(e) Remove all of Contractor's tools, equipment and materials from Railroad premises promptly upon completion
of work, restoring Railroad premises to the same state and condition as when Contractor entered thereon.
(f) Reimburse Railroad for all cost and expense incurred by Railroad in connection with said work, including
without limitation the expense of furnishing such inspectors, watchmen and flagmen as Railroad deems necessary, the OF
installation and removal of falsework beneath tracks, and restoration of Railroad's property to the same condition as
when Contractor entered thereon, or to a condition satisfactory to Railroad's representative.
(g) Remove any lien against Railroad's property arising from performance of work hereunder by Contractor or
any subcontractor.
3. Contractor agrees to release, defend and indemnify Railroad from and against all loss, damage, claims, costs,
expenses and liability for bodily injury to or death of any persons and loss of or damage to any property and loss of
use thereof (including but not limited to employees, subcontractors, agents, invitees and the property of each party
hereto) arising out of or in any way connected with the work under said agreement upon or adjacent to Railroad pro-
perty, whether or not caused or contributed to by the presence or operation of Railroad trains, engines, cars or other
equipment, structures or facilities of Railroad or any other party, or by negligence or alleged negligence on the part of
any of Railroad's agents, employees, contractors, subcontractors or invitees. In the event any part of the provisions of
this section are determined by any statutory enactment or judicial decision to be void or unenforceable, then this section
shall not fail in its entirety but will be enforceable to the extent permitted by law. For the purposes of this section, the
teen "Railroad" shall include any other railroad company using Railroad property with Railroad's consent and any
affiliate, subsidiary or lessor of Railroad.
8063
Form C.S. 7345
Sheet No. 2 of 2
4. 'or to the start of work or occupancy of premises under this agreement, Contractor agrees to pro
maintain, at sole cost and expense, the following kinds of insurance with art insurer or insure=orsement
to Railroad:
{ Comprehend general and automobile liability insurance with contractual liability n
products and co leted operations hazards included, which shall provide cove for limits of not
less than S500,000 ch person, 51,000,000 each occurrence bodily in' liability, and S500,000
each occurrence proper damage liability.
Contractor agrees to furnish ilroad with a certificate of i ranee to which will be attached an en-
dorsement, the form of which is ' eluded as a separat art of this agreement, marked Exhibit "A ".
Liability of Contractor under Secti 3 hereof s al not be limited to coverage provided under said
insurance policies.
5. Contractor shall deposit with_J8.a' road the sum
Dollars (S ) rejpregenting the estimated expense to be ftwuurred by Railroad in connection with said work.
If the no amount indicated in the blank space provided a6bqefor the deposit to be made by Contractor, in
lieu of goWdeposit Contractor shall cause the attached surety bond to b xecuted by a reliable surety acceptable to
Rai ad, conditioned upon the faithful performance of the provisions of this agrvent.
6. The permission herein given shall not be assigned by Contractor without the prior written consent of Railroad,
except in the case of subcontractors who shall be deemed agents of Contractor subject to the terms of this agreement.
7. No vehicular crossing over Railroad's track shall be installed or used by Contractor without prior written per-
mission of Railroad.
8. No work shall be done between the hours of 6:00. p.m. and 6:00 a.m., nor on Saturdays, Sundays or legal
holidays without prior written permission of Railroad.
9. At request of Railroad, Contractor shall remove from Railroad premises any employee of Contractor or any
subcontractor who fails to conform to the instructions of Railroad's representative in connection with work on Rail-
road premises, and any right of Contractor to enter upon Railroad premises shall be suspended until such request of
Railroad is met. Contractor shall indemnify Railroad against any claim arising from the removal of any such employee
from Railroad premises.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day
and year first above written.
M
SOUTHERN PACIFIC TRAUSPORTATIO` COMPANY
RAILROAD
By -
Assistant Division Engineer
CITY OF BAYTOSd13, T_EYAS
CONTRACTOR
By (TITLEj - - - - - -- —
its: