HomeMy WebLinkAboutMINUTES - 04191994 - 1.31 Y
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 1% 1994 by the following vote:
AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: Supervisor Powers
ABSTAIN:None
SUBJECT: Authorizing the Public Works Director to execute a pipeline crossing
agreement to Contra Costa County over property of the Union Pacific
Railroad for the construction of an underground 24" storm drain pipeline
crossing.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED
and the Public Works Director is AUTHORIZED to execute for the County:
INSTRUMENT REFERENCE GRANTOR AREA
Pipeline Crossing Subdivision Union Pacific Clyde
Agreement 7178 Railroad Company
Mile Post 37.53
1 hereby Certify that this is a true and CorrectCopy01
an action taken and entered on the minutes of the
Board of Supervisors onAhe date shown.
ATTESTED: /9, /9 9 e-1
PHIL BATC ELOR,Cierk of the Board
Of Supervisors anti County Administrator
By -` ��.oeputy
c
Contact: Rich Lierly - 313-2348
Originator: Public Works (ES)
RCL:cl
BO:12.t4
1.31
PLX.DOC 890707 Folder No. 445-99
Form Approved, AVP-Law
PIPELINE CROSSING (CUOF)y AGREEMENT
Mile Post 37.53, Port Chicago Branch
Location: near Clyde, Contra Costa County, California
THIS 'AGREEMENT is made and entered into as of the day of
199 by and between UNION PACIFIC RAILROAD COMPANY, a Utah
corporation (hereinafter the Licensor) and CONTRA COSTA COUNTY, CALIFORNIA, a
political subdivision of the State of California to be addressed at 255 Glacier
Drive, Martinez, California 94553-4897 (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 license fee of ONE THOUSAND DOLLARS ($1,000.00) .
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 an underground 36-inch storm drain pipeline crossing (hereinafter called
the Pipeline) in the location shown and in conformity with the dimensions and
specifications indicated on the attached print dated August 1, 1991 and marked
Exhibit A.
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 - 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 5 - AMENDMENT OF EXHIBIT B
Sections 1 (a) , 5 (a) , and 13 (b) of E)Shibit B, hereto attached, are amended
to read as follows:
SECTION 1 (a) - Add to this paragraph: "Licensor shall notify Licensee if
Licensor has knowledge of any damage occurring to the
pipeline due to the actions of the Licensor so that
repairs can be made."
SECTION 5 (a) - Add to this paragraph:. "Licensor shall give Licensee
reasonable, but no less than thirty (30) days' notice,
that Licensor plans to move all or any portion of
44599.plx Articles of Agreement March 3, 1994
Page 1 of 2
PLX.DOC 890707 Folder No. 445-99
Form Approved, AVP-Law
pipeline."
SECTION 13 (b) - .Amend subparagraph to read: "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 ninety
(90) days subsequent to the date upon which such notice shall
be given."
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By:
DIRECTOR - CONTRACTS
—WITNESS: CONTRA COSTA COUNTY, CALIFORNIA
X By
Title:
44599.plx Articles of Agreement March 3, 1994
Page 2 of 2
PLACE ARROW INDICATING NORTH FORM DR-0404-C
DIRECTION RELATIVE TO CROSSING REV. 10-1-93
W APPLICATION FOR UNCA.SED
�p
NON-FLAMMABLE
PIPELINE CROSSING
r� NOTE: ALL AVAILABLE DIMENSIONS MUST BE
NO SCALE FILLED IN TO PROCESS THIS APPLICATION.
%� _ ® RR-S RiW
ry Q Z'IS$
FT.
�.8 FT. FT. to
v • (SEE NOTES 4 6 6) (SEE NOTES 4 8 63 • :O FT.
O
O
~ o (' 3 o
TO eW OE N� ¢j 7Fk:. &.�fao, a (ANGLE OF CROSSING) � ¢� TO QOAK �4�•1LPC.0
[.NEAREST IL R. TOWN) ,t/ = f WIN TRACK C INEAREST R.R. TOWN
O
DESCRIBE FIXED OBJECTSCRIBE !x BJ CT
�(v (SEE NOTE 6) (SEE NOTE 6)
")0
FT.
` (NOTE: THIS OtMENEIDN REOUIREO IN ALL CASES.
` ATLOCATIONS NOT USING SECTIONS, DISTANCE
TO A LEGAL SURVEY LINE IS REQUIRED)
MARKER
(Sw ib?W 31
SEE NOTE 2
SEE NOTE 2 u
Y
MARKER M
f�No tr 3) SUBGRADE M
�;
ROADBED �¢
FT. EN
(111 FLT..• MIN.) ¢
i z rJ
FT. `S FT. CARRIER FT. ¢
S FT, MIN.) D (S FT. YIN.)
{' PIPE (SEE NOTE 5) (
NOTES
J I) ALL HORIZONTAL DISTANCES TO 8E MEASURED AT RIGHT ANGLES FROM¢ OF TRACK.
II 2I REQUISITES FOR CARRIER LINE PIPE SHALL APPLY FROM RIGHT-OF-WAY TO RIGHT-OF-WAY. DATE
31 MARKER TO INDICATE LOCATION OF PIPELINE AT RIGHT-OF-WAY LIW_ IN ADDITION, MARKERS SHALL BE INSTALLED
AT MINIMUM 500 FT. INTERVALS ALONG PIPELINE ENCROACHMENTS AND AT LOCATIONS OF MAJOR CHANGE OF DIRECTION.
41
MINIMUM OF 50' FROM THE END OF ANY RAILROAD BRIDGE. j OF ANT CULVERT. OR FROM ANY SWITCHING AREA.
S) SIGNAL REPRESENTATIVE MIST BE PRESENT DARING INSTALLATION IF RAILROAD SIGNALS ARE IN TNE,VICINITY OF CROSSING.
6) ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDOE'S, ! OF ROAD CROSSINGS& OVERHEAD VIADUCTS (GIVE ROAD NAME), OR CULVERTS.
T) CASING AND CARRIER PIPE►UST BE PLACID A MINtMAi OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REQUIRED WITHIN
S FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG.
Al IS PIPELINE,CROSSING WITHIN DEDICATED STREET ? YES;X_NO; EXHIBIT "A"
:
C) CARRIER PIPE
B) I F YES, NAME STREET (FOR RAILROAD USE ONLY-oo NOT WRIT( 101 THIS!o%I
�
j COMMODITY TO BE CONVEYED 4'�;'IQU-t �A��'� ( O tAmyM` PACIFIC RAILROAD Cf O.
OPERATING PRESSURES PSI AQ ocaMa�.._' o9' 'I Ca1GAC•c bQ 'o'ct'
WALL THICKNESS. _L_;DIAMETER3bMATERIALCLS—� (wemvlslowl
D) METHOD OF INSTALLING CARRIER PIPE UNDER TRACK( S): M. P. E. S. IL Lk } q
DRY BORE AND JACK ( WET BORE NOT PERMITTED) ; UNCASED DaAlwtQf,F P+L. CROSSING AT
TUNNEL ; OTHER -CRE►Jr-A
E) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND C�.InG CQNa-c12N cm'14 (no.yfy c•
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK I AAREST RR ITITION, IC11IMTT1 I I (ITATEI
F) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR-;'_Y_- YES; NO; FOR Cr,��ILIa (Ta.1AMCA
G) APPLICANT HAS CONTACTED RR FILE N0. !� DATE
OF U. P. COMMUNICATION DEPARTMENT AND HAS DETERMINED FIBER
OPTIC CABLE DOES ; -,t(--DOES NOT ;EXIST IN VICINITY OF
WORK TO BE PERFORMED TICKET NO. W A R N I N G
IN ALL OCCASIONS, U. P. COMMUNICATIONS DEPARTMENT&KIST
BE CONTACTED IN ADVANCEOF ANY WORK TO DETERMINE EXISTENCE AND
LOCATION OF FIBER OPTIC CABLE. PHONE : 1-800-336-9193
PL X 911017
Non-Standard Form Approved, AVP Law
EXHIBIT B
Section 1. LIMITATION 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. Licensor shall
notify Licensee if Licensor has knowledge of any damage occurring to the pipeline due to the
actions of the Licensor so that repairs can be made.
(b) The foregoing grant is also subject to all outstanding superior rights (including
those in favor of licensees and lessees of the Licensor Is 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.
Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
(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 Licensor's Vice President-Engineering Services. In _
the event such Specifications conflicts in any respect with the requirements of any 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 not proceed with the work until such plans have been approved by the
Vice President-Engineering 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, and,
in the event the Licensor provides such support, the Licensee shall pay to the Licensor,
within fifteen (15) 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.
Section 3. NOTICE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention, the Licensee shall provide
as much notice as practicable to Licensor before commencing any work. In all other
situations, the Licensee shall notify the Licensor at least ten (10) 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.
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PL X 911017
Non-Standard Form Approved, AVP Law
Section 4. LICENSER TO BEAR SATIRE EXPENSE.
The Licensee shall bear the entire cost and expense incurred in connection with the
construction, maintenance, repair and renewal and 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.
Section 5. REINFORCRMENT, RELOCATION OR REMOVAL OF PIPELINE.
(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 or remove the Pipeline from such
property, as the Licensor may designate, whenever, in the furtherance of its needs and
requirements, the Licensor shall find such action necessary or desirable. Licensor shall
give Licensee reasonable, but no less than thirty (30) days' notice, that Licensor plans to
move all or any portion of the pipeline.
(b) All the terms, conditions and stipulations herein expressed with reference to the
Pipeline on property of the Licensor in the location hereinbefore described shall, so far as
the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated
within the contemplation of this section.
Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION.
The Pipeline and all parts thereof within and outside.of the limits of the property of
Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated
in such manner 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.
Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(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 revenues and profits.
Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if
fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee.
If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for
a cable locator, and make arrangements for relocation or other protection of the fiber optic
cable, and will commence no work on the right-of-way until all such protection or relocation
has been accomplished.
(b) In addition to other indemnity provisions in the Agreement, the Licensee shall
indemnify and hold the Licensor harmless from and against all costs, liability, and expense
whatsoever (including, without limitation, attorney's fees, and court costs and expenses)
caused by the negligence of the Licensee, its contractor, agents and/or employees, that
causes or contributes to (1) any damage to or destruction of any telecommunications system
on Licensor's property, and (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 to the extent that such costs, liability or expenses are caused
by the direct active negligence of the Licensors 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 Licensor's property or a customer or user of services of the fiber optic cable
on Licensor's property.
Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL.
(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 mechanic's or materialman's lien of any kind or nature to be enforced against the
0405n Page 2
PL X 1:.017
Non-Standard Form Approved, AVP Law
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 any
way 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, 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 made 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.
Section 9. RESTORATION OF LICENSOR'S PROPERTY.
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 Licensee'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, and the Licensee shall indemnify and hold harmless the Licensor, its
officers agents and employees, against and from any and all liability, loss, damages,
penalties, claims, demands, costs and expenses of whatsoever nature, including court costs
and attorney's 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.
Section 10. INDEMNITY.
(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; "Loss" includes loss, damage, claims, demands, actions,
causes of action, penalties, costs, and expenses of whatsoever nature, including court costs
and attorney's 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 (b) damage to or loss or destruction of
property whatsoever (including 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:
1. The prosecution of any work contemplated by this Agreement, including the
installation, construction, maintenance, repair, renewal, modification,
reconstruction, relocation, or removal of the Pipeline or any parts thereof; or
2. 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.
(c) Any liability of either party hereunder to one of its employees under any Worker's
Compensation Act or the Federal Employers' Liability Act shall not be questioned or in any
way challenged by the other party, nor shall any jury or court findings, resulting from any
employee's suit against either party pursuant to any such Act(s) , be relied upon or used by
either party in any attempt to assert common law liability against the other.
Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's
0405n Page 3
PL x 911017
'Non-Standard Form Approved, AVP Law
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 underneath 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 removable and
restoration to the satisfaction of the Licensor. In the event of the removable by the
Licensor of the property of the Licensee and of the restoration of the roadbed and property
as herein provided, the Licensor shall 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.
Section 12. WAIVER OF BREACH.
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 way , mpair the right
of the Licensor to avail itself of any remedy for any subsequent breach thereof.
Section 13. TERMINATION.
(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 ninety (90) 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 accrued, or liabilities, accrued or otherwise, which may have arisen
prior thereto.
Section 14. AGREEMENT NOT TO BE ASSIGNED.
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.
Section 15. SUCCESSORS AND ASSIGNS.
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.
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