HomeMy WebLinkAboutAgenda Report - July 5, 2000 E-07CIZY OF LODI COUNCII, COMMUNICATION
AGENDA TITLE: Authorize the City Manager to Execute a Pipeline Crossing Agreement with
Central California Traction Company at Lime Street
MEETING DATE: July 5, 2000
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council adopt the attached resolution authorizing the
City Manager to execute an agreement with Central California Traction
Company (CCTC) to install a water main crossing inside CCTC's right-of-
way at Lime Street.
BACKGROUND INFORMATION: Mondavi Winery is developing the properties west of CCTC's
railroad track, east of Guild Avenue and south of Lime Street. One
of their development requirements is to install the master water
pipeline in Lime Street from CCTC to Guild Avenue. The proposed
water pipeline crossing will connect to the existing 14 -inch water main east of CCTC's railroad tracks.
The City has applied for the water main crossing agreement from CCTC at the developer's request. The
City will execute the Pipeline Crossing Agreement with CCTC and pay for the cost of the crossing
agreement ($2,600). Mondavi Winery will be required to reimburse the City 50% ($1,300) of the cost of
the crossing agreement. A separate Right of Entry Agreement will be signed by the contractor on the
project and the Right of Entry fee will be paid by the contractor at the time of construction. The Pipeline
Crossing Agreement and the Right of Entry Agreement are attached as Exhibits A and B, respectively.
FUNDING: Water Impact Mitigation Fees $1,300
Funding Available:
Finance Dire for
l'
Richard C. Prima, J'F.
Public Works Director
Prepared by Lyman Chang, Associate Civil Engineer
RCP/LC/Im
Attachments
cc: City Attorney
Senior Civil Engineer— Development Services
Water/Wastewater Superintendent
Mondavi Winery
Central California Traction Company
APPROVED: ` / ,-"
H. Dix n Flynn -- City Manager
CCCTCPIPELIN EXINGAGREE.doc 06/26/00
ExNtB1'T A
THE CENTRAL CALIFORNIA TRACTION COMPANY THE
TRACTION TRACTIO!Y
CO 2201 W. WASHINGTON ST. # 12 CO
STOCKTON, CALIFORNIA 95203-2942
FAX(209)466-1204
P. E. COPPLE R. E. STOKES
S UPERINTENOENT SUPEw VISOR, 3I GNALS
AND LOCOMOTIVES
(209) 466-6927
(209)463.0796
Richard C. Prima, Jr.
Public Works Director
City of Lodi
City Hall, 221 West Pine Street
Lodi, California 95241-1910
Re: Lime Street Water Pipeline Crossing
Dear Mr. Prima:
June 2, 2000
File: 312.21
7
1kRWN,%- WIN)
JUN 0 5 2000
4 CITY OF LODI
PUBLIC WORKS DEP.4R TME:NT
Enclosed are duplicate originals of a Pipeline Crossing Agreement between Central California
Traction Company (CCT) and City of Lodi, covering the proposed installation of a water line under
CCT trackage. To properly document the use of CCT's right-of-way, it is necessary that you arrange for
execution of these crossing agreements.
1. BOTH duplicate originals of the crossing agreement.
2. Check made payable to the Central California Traction Company in the amount of
$2,600.00. If you require formal billing, you may consider this letter as a formal bill. In
compliance with the Internal Revenue Services' policy regarding Form 1099,1 certify
that 94-6000255 is the CCT's correct Federal Taxpayer Identification Number and that
Central California Traction Company is doing business as a corporation.
3. If any work to install the utility is to be performed by a contractor, please ensure that the
enclosed letter and duplicate originals of a Contractors Right of Entry Agreement are
forwarded to your Contractor for execution and return to Central California Traction
Company. Your contractor will not be permitted on CCT's Right -of -Way without this
agreement.
If the crossing agreements are not executed and returned within six months from the date of this
letter, the offer of the agreement is withdrawn and becomes null and void. If you have any questions
concerning this agreement, please feel free to call me.
Very truly yours
"-00�
P. E. Copple
Enclosures
WLE.DOC 940205
Form Approved, AVP, Law
PIPELINE CROSSING
AGREEMENT
Mile Post 13.92, Central California Traction
Location: Lodi, San Joaquin County, California
Folder No. 1881-84
THIS AGREEMENT is made and entered into as of the day of ,
200, by and between CENTRAL CALIFORNIA TRACTION COMPANY, a California corporation (hereinafter
the Licensor) and CITY OF LODI., a municipality, to be addressed 221 West Pine Street, Lodi, California 95240
(hereinafter the Licensee).
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
ARTICLE 1 - LICENSE FEE
Upon the execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee of ONE
THOUSAND SIX HUNDRED DOLLARS ($1,600.00) and a administrative handling charge of ONE THOUSAND
HUNDRED DOLLARS ($1,000.00) for clerical, administrative and handling expense in connection with processing
this Agreement.
ARTICLE 2 - LICENSOR GRANTS RIGHT
In consideration of the license fee to be paid by Licensee and in further consideration of the covenants and
agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the
Licensee the right to construct and thereafter, during the term hereof, to maintain and operate
One 10 inch water pipeline crossing
(hereinafter the Pipeline) in the location shown and in. conformity with the dimensions and specifications indicated on
the attached print marked Exhibit A. Under no circiriristances'shaIl Licensee modify the use of the Pipeline for a purpose
other than conveying water, and said Pipeline shall not be used to convey any other substance, any fiber optic cable,
or for any other use, whether such use is currently technologically possible, or whether such use may come into
existence during the life of this Agreement.
ARTICLE 3 - CONSTRUCTION, MAINTENANCE AND OPERATION
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions,
limitations and covenants set forth herein and in Exhibit B, hereto attached.
ARTICLE 4 - IF WORK IS TO BE PERFORMED BY CONTRACTOR
If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent
relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the
Licensor's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of Contractor's Right
Articles o£Agreement May 26, 2000
Page l of 2
WLE.DOC 940205 Folder No. 1881-84
Form Approved, AVP, Law
of Entry Agreement and understanding its term, provisions and requirements, and will inform its contractor of the need
to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises
without first executing the Contractor's Right of Entry Agreement.
ARTICLE 5 - TERM
This Agreement shall take effect as of the date first herein written and shall continue in full force and effect
until terminated as herein provided.
ARTICLE 6 - SPECIAL PROVISIONS
None
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date
first herein written.
WITNESS:
CENTRAL CALIFORNIA TRACTION COMPANY
By
DIRECTOR CONTRACTS
CITY OF LODI
X
Articles of Agreement May 26, 2000
Page 2 of 2
kV
PLACE ARROW INDICATING NORTH
DIRECTION RELATIVE TO CROSSING
64 O \
J�, h
O�
ro A CAMQl7 02/ a
t NEAREST R. P.. Town!
FR' S R/W
A.
FORM DP -0404-8
REV. 5- 15-98
]ENCASED NON-FLAMMABLE
as
PIPELINE CROSSINGt4a
NOTE: ALL AVAILABLE DIMENSICNS MUST BE )'A TL+�%(IIg
NO SCALE FILLED IN TO PROCESS THIS APPLICATION.
^^ - - O l�LBJrn- MPJ3 RR' = fi/w
!SFT. ----- —. Z(5DF T.
�f F T,
(SEE NOTE 36 5) CSE�F3.8 S) ,{]FT
MAIN TRACK
RIR -Swi TC 1A
(OESCRIBE FIXED C5_ECT)
(SEE NOTE 6)
(DISTANCE ALONG TRACK FROM SECTION LINO CROSSINGI
(NOTE: THIS DIMENSION REQUIRED IN ALL CASES.
AT LOCATIONS NOT USING SECTICNS, D15TANEE
TO A LEGAL 5UFYEY L RTE 15 REQUIRED)
_(LF T
15 FT
11 1, CISi
¢I (See No re
I /I
SEAL CASING
/a=
;LE O�CF0551NG)
f
NOTE
►� V T. -
I GROWD
I SURFACE
SUBGRAOE i
8.7IF T.
( 4.5 FT MIN, )
(20 FT. MAXI I :1T , SEAL CASING
CASING PIPE (See Note 4)
CARRIER PIPE \ I
/ 2 0 IS PT.—
5 F T. •gyp F T. ,
�{ tt? FT. I
7FT,
_FT.
NOTES (CASING LENGTH WHEN MEASURE[) ALONG PIPELINE.)
II ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM 0. OF TRACK.
21 CASING TO E%TEND BEYOND THE f OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 FT.,
AND BEYOND LIMIT OF RAILROAD RIGHT-OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK.
31 MINIMUM OF 50' FROM THE END OF ANY RAILROAD BRIOQE, 4 OF ANY CULVERT, OR FROM ANY SWITCHING ARfA.
41 SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING.
51 ALLOWABtE FIXED OBJECTS INCLUDE: BACKWALL$ OF BRIDGES; -L Of ROAD CROSSINGS B OVERHEAD VIADUCTS (GIVE ROAD NAME), OR CULVERTS.
61 CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. AN' EXCAVATION REQUIRED WITHIN
5 FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG.
3I FT.
STEEL CASING WALL
THICKNESS CHART
MINIMUM I DIAMETER OF
THICKNESS CASING PIPE
.2500' 1/4` 12' OR LE55
. 3125" 5/16- OVER 12-- 1 8-
.3750" 3/8" OVER 18"- 22'
.4375' 7/16' OVER 22-- 28-
.5000' 1/2" OVER 28"- 34"
.5625" 9/16' OVER 34"-42"
.6250" 5/8" OVER 42'-48'
OVER 48' MUST BE
APPROVED BY R.R. CO.
NOTE: THIS CHART IS ONLY
FOR SMOOTH STEEL CASING
PIPES WITH MINIMUM YIELD
STRENGTH OF 35,000 PSI.
FORMULA TO FIGURE CASING
LENGTH WITH ANGLE OF
CROSSING OTHER THAN 90-
e.:
1G SIN e
YSF B
`tM1C MI N. DIST.
(NOTE 2)
TRACK
A)
N o
15 PIPELINE CROSSING WITHIN DEDECATED STREET ?—I-- YES;—NO;
+s
EXHIBIT ATT
131
I F YES, NAME OF STREET L_TM£ 5-TQcET i G 0J A3Tyi
USE GlL YI
(FOR RAILROADD USE
D)DISTRIBUTION
LINE _�L OR TRANSMISSION LINE
C)
CARRIER PIPE :
UNION PACIFIC RAILROAD CO.
COMMODITY TO BE CONVEYED W ATrXR
OPERATING PRESSURE
CC C %
WALL THICKNESSA.2?j ;01AMETER _;MATERIAL D•SA ;
weolYlstoN
E1
CASING PIPE :
p
M. P �3./oZ E. S.
WALL THICKNESS0,345 _;DIAMETER r8,, ;MATERIAL
NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST
ENCASED RA CROSSING AT
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OFLop/
._r4NT46AQ&V4/ (',a
CARRIER PIPE AND INSIDE OF CASING PIPE.
»A.AEs+e.+.. Cwll" 1s—c
F)
METHOD OF INSTALLING CASING PIPE UNDER TRACK($):
C/TF/ U/`
_DRY BORE AND JACK ( WET BORE NOT PERMITTED)
LODi
G)
TUNNEL ;OTHER
WILL CONSTRUCTION BE Br r E rR T � /•
R F I LE NO. �0.9�"8f/ DATES S 00
A U S I D CON AC OR. Er S, nlp
H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND, w A R N I N G
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRA Ke 2.4
1) APPLICANT HAS CONTACTED 1-800-336-9193,I!O' MIN,) IN ALL OCCASIONS, U. P. CGMANICATIONS
U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED' IBER DEPARTMENT µJ57 BE CONTACTED IN ADVANCE
OPTIC CABLE DOES DOES NOT EXIST IN V 1 C I I -TY 0 of ANr WORN f0 DETERMINE EXISTENCE AND
LOCATION OF FIBER OPTIC CABLE.
WORK TO BE PERFORMED . TICKET NO. PHONE 11.800.336-9193
PLX 480112
Form Approved, AVP -Law
Section 1. LMTATION AND SUBORDINATION OF RIGHTS GRANTED.
a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the
Licensor to use and maintain its entire property including the right and power of the licensor to construct maintain, repair,
renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines,
pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done
at any time or times by the licensor without liability to the Licensee or to any other party for compensation or damages.
b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and
lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made
without covenant of title or for quiet enjoyment.
a) The Pipeline shall be constructed operated maintained repaired, renewed, modified and/or reconstructed by
the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November
1949. and all amendments thereof and supplements thereto. which by this reference is hereby made a part hereof, except
as may be modified and approved by the Licensors Vice President -Engineering Services. In the event such Specification
conflicts in arty respect with the requirements of arty federal, state or municipal law or regulation such requirements shall
govern on all points of conflict, but in all other respects the Specification shall apply.
b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal,
modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor.
C) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal,
modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or
tracks of the Licensor, the licensee shall submit to the licensor plans setting out the method and manner of handling the
work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall riot proceed with
the work until such plans have been approved by the Vice President-Erigineering Services of the Licensor and then the work
shall be done to the satisfaction of the Vice President -Engineering Services or his authorized representative. The Licensor
shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks
during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the
Pipeline, arid, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen US) days
after bills shall have been rendered therefor, all expense incurred by the licensor in connection therewith, which expense
shall include all assignable costs.
d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with
the adjacent surface of the ground.
If an emergency should arise requiring immediate attention, the licensee shall provide as much notice as
Practicable to Licensor before commencing anywork. In all other situations, the Licensee shall notify the licensor at least
ten 0 0) days (or such other time as the licensor may allow) in advance of the commencement of any work upon property
of the licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation
or removal of the Pipeline. All such work shall be prosecuted diligently to completion
The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenarice.
repair and renewal arra any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including
any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging,
or otherwise.
plx.exb Page I af4 Email B
PL X 960112
Form Appo a4 AVP -Law
- , . i 7�1►IZ• : •J�u171►� : � •, � • ► • :: Dlu • • ' 1' �I I►1
a) The license herein granted is subject to the needs and requirements of the licensor in the operation of its railroad
and in the improvement and use of its property, and the licensee shall, at the sole expense of the Licensee, reinforce the
Pipeline, or move all or any portion of the Pipeline to such new location as the licensor may designate, whenever, in the
furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable.
b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the
Licensor in the kxxrtion hereinbefore described shall, so for as the Pipeline remains on the property, apply to the Pipeline
as modified, charged or relocated within the contemplation of this section.
• I.ro-I: tai: I --i. ej ,irv. ";i • ; • - a:: � •
The Pipeline and all parts thereof within and outside of the limits of the property of the licensor shall be
constructed and, at all times, maintained repaired, renewed and operated in such mariner as to cause no interference
whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and
nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof.
': •1i�x•1y • ► • il: �: • JY 'f ��u
a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems
is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of
revenue and profits. Licensee shall telephone the licensor at 14=-336-9193 (a 24-hour number) to determine if fiber optic
cable is buried anywhere on the Licensors premises to be used by the licensee. If it is, licensee will telephone the
telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other
protection of the fiber optic cable, all at licensee's expense, and will commence no work on the right of way until all such
protection or relocation has been accomplished. Licensee shall indemnify and hold the licensor harmless from and
against all costs, liability and expense whatsoever (including, without limitation, atiomeys' fees, court costs and expenses)
arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph.
b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the licensor
harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court
costs and expenses) caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (1)
any damage to or destruction of any telecommunications system on Ltcensor's property, and/or (2) any injury to or death
of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or
employees, on Licensor's property, except if such costs, liability or expenses are caused solely by the direct active
negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse against licensor for any claim
or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a
telecommunication company using l icensor's property or a customer or user of services of the fiber optic cable on
Ltcensor's property.
•J lu ►Is lil► Z• : :• i ►Is u ��: ,�
a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor
in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall
not permit or suffer any mecismic's or materialman's lien of any kind or nature to be enforced against the property for any
work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall
indemnify and hold harmless the licensor against and from any and all liens, claims, demands, costs and expenses of
whatsoever nature in anyway connected with or growing out of such work done, labor performed or materials furnished.
b) The licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or
on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that
the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the
location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed
upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be
separately mode or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then
the licensee shall pay to the licensor an equitable proportion of such taxes determined by the value of the Licensee's
property upon property of the licensor as compared with the entire value of such property.
plxexb PaV 2 0l: 4 Exhabh B
FL X 980112
Form Appmvo4 AVP -Lw
: i•:: r•me) •21► •: •:•55-511
In the event the licensor authorizes the licensee to take down any fence of the licensor or in any manner move
or disturb any of the other property of the licensor in connection with the construction, maintenance, repair, renewal,
modification, reconstruction, relocation or removal of the pipeline, then in that event the licensee shall, as soon as possible
and at licensees sole expense, restore such fence and other property to the same condition as the same were in before
such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold
harmless the licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims,
demands, costs and expenses of whatsoever nature, f-,cluding court costs and attorneys' fees, which may result from injury
to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death,
damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any
other property of the licensor.
1►IsoUI►11111
a) As used in this Section, 'licensor' includes other railroad companies using the licensor's property at or near the
location of the licensee's installation and their officers, agents, and employees; I oss' includes loss, damage, claims,
demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and
attorneys' fees, which may result from: a) injury to or death of persons whomsoever (including the Licensor's officers,
agents, and employees, the licensee's officers, agents, and employees, as well as any other person); and/or b) damage
to or loss or destruction of property whatsoever (including licensee's property, damage to the roadbed, tracks, equipment,
or other property of the licensor, or property in its care or custody).
b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees
to indemnify and hold harmless the licensor from any Loss which is due to or arises from:
The prosecution of any work contemplated by this Agreement including the irmtonation, construction
mmntenance, repair, renewal modification, reconstruction). relocation, or removal of the Pipeline or any
part thereof; or
The presence, operation, or use of the Pipeline or contents escaping therefrom,
except to the extent that the Loss is caused by the sole and direct negligence of the Licensor.
ti : ; �u • • • I• 1►1 lw,• ► y�: vti► : Y • � • ; ��+�t7i�p
Prior to the termination of this Agreement howsoever, the licensee shall, at Licensee's sole expense,
remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the licensor
and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were
in at the time of the construction of the Pipeline. If the licensee fails to do the foregoing, the licensor may do such work
of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination,
at the entire cost and expense of the Licensee, remove the portions of the Pipeline located urxierneath its roadbed and
track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline,
or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event
of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein
provided, the licensor shall in no manner be liable to the licensee for any damage sustained by the Licensee for or on
account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages,
or otherwise, that the licensor may have against the Licensee.
The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept,
observed and performed by the Licensee shall in no wary impair the right of the Licensor to avadl itself of ar y remedy for
any subsequent breach thereof.
plxexb Pale 3 of 4 EWU B
PL X 980112
Form Approved, AVP -Law
a) If the Licensee does not use the right herein granted or the pipeline for one (1) year, or if the licensee continues
in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written
notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately
terminate this Agreement by written notice.
b) In addition to the provisions of subparagraph a) above, this Agreement may be terminated by written notice given
by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to
the date upon which such notice shall be given.
C) Notice of default and notice of termination may be served personally upon the licensee or by mailing to the last
known address of the licensee. Termination of this Agreement for any reason shall not affect any of the rights or
obligations of the parties hereto which may have accnxxt or liabilities, accrued or otherwise, which may have arisen prior
thereto.
��uNl►8 ► eJ N = ►I�s
The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written
consent of the licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this
Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent
in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement.
Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the
parties hereto, their heirs, executors, administrators, successors and assigns.
pbLcxb Pale 4 o(4 Exfubk B
EXHIBIT B
THE CENTRAL CALIFORNIA TRACTION COMPANY THE
TRACTION TRACTION
t.11 2201 W. WASHINGTON ST. # 12 C O
STOCKTON, CALIFORNIA 95203-2942
FAX(209)466-1204
P. E. COPPLE R. E. STOKES
SUPERINTENDENT SUPERVISOR. SIGNALS
AND LOCOMOTIVES
(209)466-6927
(209)463.0798
File 312.21
To the Contractor:
Before the Railroad Company can permit you to perform work on its right of way for the
installation of a 10 inch water pipeline crossing, for the CITY OF LODI, it will be necessary to
complete the enclosed Contractor's Right of Entry Agreement as follows:
Fill in the complete legal name of the contractor in the space provided on Page 1 of the
Contractor's Right of Entry Agreement. If a corporation, give the state of incorporation.
If a partnership, give the names of all partners.
Fill in the date construction will begin and be completed in Article 5, Paragraph A.
3. Fill in the name of the contractor in the space provided in the signature block at the end
of the Contractor's Right of Entry Agreement. If the contractor is a corporation, the
person signing on its behalf must be an elected corporate officer.
4. Return all copies of the Contractor's Right of Entry Agreement together with your
Certificate of Insurance as required in Exhibit B-1.
5. Check made payable to the Central California Traction Company in the amount of
$500.00. If you require formal billing, you may consider this letter as a formal bill. In
compliance with the Internal Revenue Services' policy regarding Form 1099, I certify that
94-000255 is the Railroad Company's correct Federal Taxpayer Identification Number
and that Central California Traction Company is doing business as a corporation.
After approval of the Contractor's Right of Entry Agreement and the Insurance Certificate, your
fully -executed document will be returned to you, with instructions to proceed. In no event should you
begin work until you have received a copy of the signed Contractor's Right of Entry Agreement.
Very truly yours,
1�� �,e(
P. E. Copple
CROUL.DOC 941115
Form Approved, AVP -Law
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
Folder No. 1881-84
THIS AGREEMENT is made and entered into as of the day of , 200, by and
between CENTRAL CALIFORNIA TRACTION COMPANY, a California corporation (hereinafter referred to as the "Railroad"); and
a
corporation (hereinafter the referred to as the "Contractor").
RECITALS:
The Contractor has been hired by CITY OF LODI for the purpose of constructing (hereinafter "work") a 10 inch water pipeline
crossing on property of the Railroad at or near Mile Post 13.92, Central California Traction Subdivision, at or near Lodi, California.
The Contractor has requested the Railroad to permit it to perform the work and Railroad is agreeable thereto, subject to the
following terms and conditions.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows:
ARTICLE 1. DEFINITION OF CONTRACTOR
For purposes of this agreement, all references in this agreement to the Contractor shall include the Contractor's contractors,
subcontractors, officers, agents and employees, and others acting under its or their authority.
ARTICLE 2. RIGHT GRANTED; PURPOSE
The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to each and all
of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the
Recitals hereof and as shown on the attached print dated May 25, 2000, marked Exhibit A for the purpose of performing the work
described in the Recitals above. The right herein granted to Contractor is limited to those portions of the Railroad's property specifically
described herein, or designated by the Railroad representative named in Article 4.
ARTICLE 3. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND B-1
The terms and conditions contained in Exhibits B and B-1, hereto attached, are hereby made a part of this agreement.
ARTICLE 4. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE
The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or
expenses incurred by the Railroad relating to this agreement. All work performed by Contractor on Railroad's property shall be performed
in a manner satisfactory to the respective local Superintendent of Transportation Services of the Railroad or his authorized representative
(hereinafter the Railroad Representative).
ARTICLE 5 - ADMINISTRATIVE HANDLING CHARGE
Upon execution and delivery of this Contractor's Agreement, the Contractor shall pay to the Railroad an administrative handling
charge of FIVE HUNDRED DOLLARS ($500.00).
croepl.doc Articles of Agreement May 26, 2000
Page I of 2
CROEPL.DOC 941115
Form Approved, AVP -Law
ARTICLE 6. TERM; TERMINATION
Folder No. 1881-84
a). The grant of right herein made to Contractor shall commence on , and continue until
, unless sooner terminated as herein provided, or at such time as Contractor has completed its work on
Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work
on Railroad property.
b). This agreement may be terminated by either party on ten (10) days written notice to the other party.
ARTICLE 7. CERTIFICATE OF INSURANCE
a). Before commencing any work, the Contractor will provide the Railroad with a Certificate issued by its insurance carrier providing
the insurance coverage required pursuant to Exhibit B-1 of this agreement in a policy which contains the following type of endorsement:
Central California Traction Company is named as additional insured with respect to all liabilities
arising out of Insured's, as Contractor, performance of any work on the property of the Railroad.
b). Contractor warrants that this agreement has been thoroughly reviewed by its insurance agent(s)lbroker(s) and that said
agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein.
C. All insurance correspondence shall be directed to:
File No. 1806-29
Central California Traction Company
2201 West Washington Street #12
Stockton, CA 952031645
ARTICLE 8. CHOICE OF FORUM
Litigation arising out of or connected with this agreement may be instituted and maintained in the courts of the states of Nebraska
and California only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those
courts, and consent to service of process issued by such courts.
ARTICLE 9. SPECIAL PROVISIONS
None.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as the date first herein written.
WITNESS:
CENTRAL CALIFORNIA TRACTION COMPANY
By
bIRECTOWCONTRACTS
(Name of Contractor)
X
Title:
croepl.doc Articles of Agreement
Page 2 of 2
May 26, 2000
t
PLACE ARROW INDICATING NORTH FORM DP -040-'-B
DIRECTION RELATIVE TO CROSSING o� REV. 5-15-98
J
ENCASED NON-FLAMMABLE
PIP EL,INE CROSSING D bi-13:5
-a=w NOTE: ALL AVAILABLE DIMENSIONS MUST BE LV (OR
\=mow NO SCALE FILLED IN TO PROCESS THIS APPLICATIOrI.W'T2
44 Joffe
MP13 Rfl' S Ri«
h •I
FT, r -F ZISf]F T.
5i7 FT. �7FT,
4' ~ (SEE NOTE 7 6 5) (SEE NOTE J B 5) . �Fi.
A CAMPa _ 0 • 0 , 0
-7C 1 (ANGLE Oi CFO CROSSING) aw
(NEAPEST R.R. TO— h�V _ fLMJIN TRACK 3 10_ LD1
¢ (NEAREST R. R. TO'ANI
o RA 5�>r'R TcN t�R SwiTLN J�
(DESCRIBE FIxfD CEJECt) (D SCRIfiE FIxEO OBJECT{
(SEE NOTE 6) a (SEE NOTE 5)
=OQ- IDISTANCE ALONG TRACp. FROM SECTION SECTION LINE CROSSINCI a 3 FT.
SLoZ F T.
(NOTE: THIS DIMENSION REOUIRED IN ALL CASES.
AT LOCATIONS NOT U51NG SECTIONS. 0157ANCE
TO A LEGAL SURYEY LINE IS REOUIRED)
RR'5 RiW� ��r��
jQALFT. U<7_fT, i .10—FT.
—
s
a I
GROUND
MIN. DIST I SURFACE
¢I (See Note
I /I
CASING
e.JIF T.
-1 ---- I e'T
(A.S FT MIN.)
FT, (20 FT.MAX.)I SEAL CASING
CA5JNO PIPEI(Sea Note A) (3 FT um)
® /I
2 D 15 Fi.—r
5 fT: '2
Fi. >�
I — CARRIER PIPE _ _ _ — —
i-7
Imo®
I I
�• F T.
72 FT.
_F T.
NOTES : (CASING LENGTH WHEN MEASURED ALONG PIPELINE.)
II ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM k Of TRACK.
21 CASING TO EX7EN0 BEYOND THE £ OF TRACK AT RI OHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 FT.,
AND BET040 LIMIT OF RAILROAD RIGHT-OF-WAY If NECESSARY 10 PROVIDE PROPER LENGTH OUTSIDE OF TRACK.
31 MIN'MUM OF 50' FROM THE END OF ANY RAILROAD BRIDGE. ! OF ANY CULVERT, OR FROM ANY SNITCHING AREA.
41 510NAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING.
5t ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; 4 OF ROAD CROSSINGS 8 OVERHEAD VIADUCTS (GIVE ROAD MAME1, OR CULVERTS.
61 LASING MND CARRIER PIPE MUST OE PLACED A MINIMUM OF 2 FEET SELOR THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIREO WITHIN
S FEET OF THE EX 15T(NG FIBER OPTIC CABLE MUST BE HAND DUG.
_77—
STEEL CASING WALL
THICKNESS CHART
THICKNESS I CASING PIPE
2500" 1/4" 12' OR LESS
3125" 5/16" OVER 12'-18-
3750" 3/8' OVER IB' -22"
4375" 7/16' OVER 22'-28"
5000" 1/2' OVER 28'-34'
5625' 9/16' OVER 34"-42'
6250" 5/8" OVER 42"-48"
OVER 48" MUST BE
APPROVED BY R. R. CO.
NOTE: THIS CHART IS ONLY
FOR SMOOTH STEEL CASING
PIPES WITH MINIMUM YIELD
STRENGTH OF 35.000 PSI.
FORMULA TO FIGURE CASING
LENGTH WITH ANGLE OF
CROSSING OTHER THAN 90e
BZTRACK
!G S 1
MIN.DIST.
NOTE 2)
AT IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES; N0;E I I "
BI IF YES, NAME OF STREET LIME 5'TRGCT ( Cu2pi'll _ "OR bIL�D USEOWL T!
D) DISTRIBUTION LINE NZ OR OR TRANSMISSION LINE
CI CARRIER PIPE : UNION PACIFIC RAILROAD CO.
COMMODITY TO BE CONVEYED iu ATr.R
OPERATING PRESSURE44;_PSICC T
WALL THICXNESSC47-4—;DIAMETEK 10" MATERIAL D -S-, ; weonlsloN
EI CASING PIPE.
ME. S.
WALL THICKNESS 0.3 ;DIAMETER_ j� � ;MATERIAL STS- ; ' P /3"�a
NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED FA CROSSING AT
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF LOQ/ sAN%DA #,0t/ CA
CARRIER PIPE AND INSIDE OF CASING PIPE. —E—Ell ElTT( COLNTYI (TTATE-
F I METHOD OF INSTALLING CASING PIPE UNDER TRACK($ ): C i7F/ 0/` LOO/
_ DRY BORE AND JACK ( WET BORE NOT PERMITTED) ; —� IA..,IC-T.
TUNNEL ; OTHER f3 FILE NO. /8g/�,Q�f DATE Sas o0
GI WILL CONST. CTI T
U ON BE BY AN OU SIDE CONTRACTOR. V/S,_NO;
HI DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE DROOPING AND W A R N I N G
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK, ZO
1 I APPLICANT HAS CONTACTED 1-800-336-9193 , , (30' MIN.) IN ALL OCCASIONS, U. P. COM%AJNICATIONS
U. P. COMMUNICATION DEPARTMENT AND HAS DETERMINED`, IBER OEPARTMENT MUST BE CONTACTED IN ADVANCE
OPTIC CABLE GOES DOES NOT ; 11X157 1N V1C1 4 -TY 0 of ANY WORK TO DETERMINE EXISTENCE AND
LOCATION OF FIBER OPTIC CABLE.
WORK TO BE PERFORMED . TICKET NO. PHONE : 1-1100.336-9193
UMMES X & E ROE 990701
Form App vv4 AVP -law
EXHIBPT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
The Contractor agrees to notify the Railroad Representative at least 48 hours m advance of Contractor commencing its work and at least
24 hours in advance of proposed performance of any work by the Contractor in which any person or equipment Will be within 25 frxt of any hack,
or will be new enough to any track that any equipment extension (such as, bit not limited to, a crane boom) will reach to within 25 feet of any hack.
Upon receipt of such notice, the Railroad Representative will determine and inform the Contractor whether a flagn>aa need be present and whether
the Contractor need implement any special protective or safety measures. If any flagmen or other special ptotearvve or safety measures are performed
by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging mother
services the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein.
Section 2. NO ]NTERFERENCE WTTHRAILROAUS OPERATION.
No work performed by Contractor shall cause any interference with the rent, continuous and uninterrupted use of the tracks, property
and facilities of the Railroad its lessees, licensees or others, unless specifically permitted under this agreement, or specifically authorized in advance
by the Railroad Representative. Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the
safetythereof When not muse, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's newest track,
and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings.
Section 3. MECHANIC'S LIENS.
The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The
Contractor shall not create, permit or suffer any mechanic's or materialmeds liens of any kind or nature to be created or enforced against any property
of the Railroad for any surch work performed. The Contractor shall indemnify and hold harmless the Railroad froom and against any and all liens,
claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials
furnished.
Section 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
a). Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance
since any break could disrupt service to users resulting in business imterruption and loss of revenue and profits. Contractor shall telephone the
Railroad at 14WO-336-9193 to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. Hit is,
Contractor will telephone the telecommunications company(m) involved, arrange for a cable locator, make arrangements for relocation or other
protection of the fiber optic cable, all at Contractor's expense, and will commence no work on the right of way until all such protection as relocation
has been accomplished.
b). In addition to other indemnity provisions in this Agtement, the Contiactcr shall indemnify and hold the Railroed harmless fivm and against
all costs, liability and expense whatsoever (including, without limitation, attorneys! lees, court costs and expenses) arising out of any act or omission
of the Contractor, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of anyte
system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any teiecommua. ons company, and/or
its contractor, agents and/or employees, on Railroad's properly. Contractor shall not have or seek recourse against Railroad for any claim or cause
of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's
property or a customer or user of services of the fiber optic cable on Railroad's property.
Section 5. COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this agreement, the Contractor shall secure any and all necessary permits and shall comply with
all applicable federal, state and local laws, regulations and enactments affecting the work- The Contractor shall use only such methods as anti
consistent with safety, both as concerns the Contractor, the Contractors agents and employees, the officers, agents, employees and property of the
Railroad and the public in general. The C duc.tor (without limiting the generality of the 5oregoing) shall comply with all applicable state and federal
occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed whey work is performed an
the Railroad's property. If any failure by the Contractor to comply with any such laws, regulations, and enactments, shall result in any fine, penalty,
cost or charge being assessed, imposed or charged against the Railroad, the Contractor shall reimburse and indemnify the Railroad for any such fine,
penalty, cost, or charge, including without limitation attorneys' fees, court costs and expenses. The Contractor further agrees in the event of any such
action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
Page I of4 EARA H
U MMES X & E ROE 990701
Form Awvv4 AVP-Isw
Section 6. SAFETY INSTRUCTIONS.
Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this
agreement As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitation), the
following special safety rules shall be followed:
a). The Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and
adequately trained in all safety and health aspects of the job. The Contractor shall have proper first aid supplies available on the job site
so that prompt first aid services can be provided to any person that maybe injured on the job site. The Contractor shall promptly notify
the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during
the work performed on the job site. The Contractor shall have a non -delegable duty to control its employees, while they are on the job site
or any other property of the Raih-oad to be certain they do not use, be under the influence of, or have in their possession any alcoholic
beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee.
b). The employees of the Contractor shall be suitably dressed to perform their duties safely and in a manner that will not interfere
with thea vision, hearing or fine use of their hands or feet Only waist length shirts with sleeves and trousers that cover the entire leg are
to be wo m. If flaro-legged trousers are wom, the trouser bottoms must be tied to prevent catching The employees should wew shady and
protective work boots and at least the following protective equipment
(1) Protective head gear that meets American National Standard -289.1 -latest revision. It is suggested that all haadbats be
affixed with Contractor's or subcontractor's company logo or name.
(2) Eye protection that meets American National Standard for occupational and educational eye and face protection,
287.1 -latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding,
burning, etc.; and
(3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the
job site.
C). All heavy equipment provided or leased by the Contractor shall be equipped with audible back-up warning devices. If in the
opinion of the Railroad Representative any of Contractors or any of its subcontractor's equipment is unsafe for use on the Railroad's
right -0f -way, the Contractor, at the request of the Railroad Representative, shall remove such equipment from the Railroad's right-of-way.
Section 7. INDEMNITY.
a). As used in this Section, "Railroad' includes other railroad companies using the Railroad's property at or near the location of the Centracters
installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and
expenses of whatsoever nature, including court costs and attorneys! fees, which may result from: (a) injury to or death of persons whomsoever
(including the Railroad's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person); and/or
(b) damage to or loss or destruction of property whatsoever (including Contractors property, damage do the roadbed, tracks, equipment, or other
property of the Railroad, or property in its care or custody).
b). As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indemnify and hold
harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under
this agreement, a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission or negligence
arising out of performance or nonperformance of this agreement However, the Contractor shall not indemnify the Railroad when the Loss is caused
by the sole negligence of the Railroad.
C). The Contractor shall maintain whatever insurance coverage is necessary to adequately underwrite its general and contractual liability ander
the terms of this Agreement
Section 8. RESTORATION OF ]?ROPERTY.
In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or disturb any of the
other property of the Railroad in bion with the work to be performed by Contractor, then in that event the Contractor shall, as soon as possible
and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down
or such other property was moved or disturbed.
Page 2 of 4 EAnU B
UTUIn ES X A E ROE 990701
Form Approved, AVP -Law
Section 9. WAIVER OF BREACH
The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, obsoved and paformed
by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof.
Section 10. ASSIGNMENT - SUBCONTRACTING.
The Contractor shall not assign, sublet cr subcontract this agreement, or any interest therein, without the written consent of the Railre®d
and any attempt to so assign, sublet or subcontract without the written consent of the Railroad shall be void. If the Railroad gives the Conuactor
permission to subcantrad all or any portion of the work herein described, the Conftctur is and shall remain rcapaosible for all work of subcontractors
and all work of subcontractors shall be governed by the germs of this agreement
Page 3 of 4 Exhibit B
ROE INS 960830
No RR Protective Ins.
Form App w4 AVP -Law
Right of Entry Agreements
Contract Insurance Requirements
Third Party Contractors
Contractor shall. at its sole cost and expense, procure and maintain during the life of this Agreement the following
insurance coverage:
a) General Liability insurance providing bodily injury including death, personal injury and property damage
coverage with a combined single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at
least $4,000,000. This insurance shall contain broad form contractual liability with a separate general aggregate for
the project (ISO Form CG 25 03 or equivalent). Exclusions for railroads (except where the Job Site is more than fifty
feet MY) from any railroad tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion,
collapse and underground hazard shall be removed Coverage purchased on a claims made form shall provide for at
least a two (2) year extended reporting or discovery period if (a) the coverage changes from a claims made form to an
occurrence form, (b) there is a lapse/cancellation of coverage, or (c) the succeeding claims made policy retroactive
date is different for the expiring policy.
b) Automobile Liability insurance providing bodily injury, property damage and uninsured vehicles coverage
with a combined single limit of at least $2,000,000 each occurrence or clmm. This insurance shall cover all motor
vehicles including hired and non -owned and mobile equipment if excluded from coverage tinder the general public
liability insurance.
c) Workers' Compensation insurance covering Contractor's statutory liability under the Workers' compensation
laws of the state(s) affected by this Agreement, and Employers' Liability. If such insurance will not cover the liability of
Contractor in states that require participation in state workers' compensation fund. Contractor shall comply with the
laws of such states. If Contractor is self-insured evidence of state approval must be provided.
Contractor and their insurers shall endorse the required insurance policy(ies) to waive their right of subrogation
against Railroad Contractor's insurance shall be primary with respect to any insurance ccaTied by Railroad. The policies
required under (a) and (b) above shall provide severability of interests and shall name Railroad =ori additional insured.
Prior to commencing the Work Contractor shall furnish to Railroad certificate(s) of insurance evidencing the required
coverage and endorsements and upon request, a certified duplicate original of any required policy. The certificate(s) shall
contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing of any
material alteration including any change in the retroactive date in arry'clafms-made' policies or substantial reduction of
aggregate limits, if such limits apply, or any cancellation at least thirty (30) days prior thereto. -
The insurance policy(ies) shall be written by a reputable insurance company(ies) acceptable to Railroad or with a
current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the state(s) in which the Job
Site is located
Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance
agent(s))broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement
If Contractor foils to procure and maintain insurance as required, Railroad may elect to do so at the cost of Contractor.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor,
including, without limitation, liability under the indemnity provisions of this Agreement Da rnages recoverable by Railroad shall
not be limited by the amount of the required insurance coverage.
Page 4 of4 IF -Ag it aI
RESOLUTION NO. 2000-117
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING CITY
MANAGER TO EXECUTE AGREEMENT WITH CENTRAL CALIFORNIA
TRACTION COMPANY FOR PIPELINE CROSSING AT LIME STREET
WHEREAS, BE IT RESOLVED, that the Lodi City Council does hereby authorize
the City Manager to execute an Agreement with Central California Traction Company
(CCTC) for the installation of a water main crossing inside CCTC's right-of-way at Lime
Street.
Dated: July 5, 2000
---------------------------
----------------------------
I hereby certify that Resolution No. 2000-117 was passed and adopted by the Lodi
City Council in a regular meeting held July 5, 2000 by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Land, Nakanishi, Pennino
and Mann (Mayor)
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
2000-117
CITY COUNCIL
STEPHEN J. MANN, Mayor
ALAN S. NAKANISHI
Mayor Pro Tempore
SUSAN HITCHCOCK
KEITH LAND
PHILLIP A. PENNINO
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
June 28, 2000
P. E. Copple, Superintendent
Central California Traction Co.
2201 W. Washington St., #12
Stockton, CA 95203-2942
H. DIXON FLYNN
City Manager
JACQUELINE L. TAYLOR
Interim City Clerk
RANDALL A. HAYS
City Attorney
RICHARD C. PRIMA, JR.
Public Works Director
Stephen Berger
Mondavi Winery
860-R Napa Valley Corp. Way
Napa, CA 94558
SUBJECT: Authorize the City Manager to Execute a Pipeline Crossing Agreement with
Central California Traction Company at Lime Street
Enclosed is a copy of background information on an item on the City Council
agenda of Wednesday, July 5, 2000. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jackie Taylor, Interim City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Lyman Chang,
Associate Civil Engineer, at (209) 333-6800, ext. 2665.
Richard C. Prima, Jr.
Public Works Director
RCP/lm
Enclosure ;
cc: Interim City Clerk
NCCCTCPI PELINEXI NGAGREE