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CITY OF SAN BERt.. .RDItdi1 REQU~~;N~. ;Rl~~UNCIL ACTION
From: ROGER G. HARDGRAVE
Authorization to Execute Pipe Line
P[J~'O. - ,t::;;'" ~~ct: License with Santa Fe Railway
Company --Intercepting Sewer Along
IS]; SC? 27 '" (- ') Cable Creek Channel, from Cajon
Boulevard to Industrial Parkway
Dept: Public Works
Date: 9-22-89
Synopsis of Previous Council action:
June, 1988 --Allocation of $215,400, in the 1988/89 Sewer Line
Construction Fund Budget under Account No. 245-365-
57728, approved.
10-02-89 --Plans approved and authorization granted to advertise
for bids, and supplemental funds in the amount of
$54,600 approved.
10-02-89 --Negative Declaration adopted.
Recommended motion:
Adopt resolution.
cc: Marshall Julian
Jim Richardson
Jim Penman
(}A ~I<
Supporting data attached:
Roqer G. Hardqrave
Staff Report,
License & Resolution
Phone:
5025
Contact person:
Ward:
6
FUNDING REQUIREMENTS:
Amount:
$400.00
Source: (Acct. No.)
245-365-57728
(Acct. DescriPtion) Intercepting Sewer along Cable
(.., ')
Creek Channel, from Ca i on Blvd. to Industrial Finance: \ \Jy{t,.."" ,:J". p
Parkway
Council Notes:
75-0262
Agenda Item No.
.30
CITY OF SAN BERN. .RDINO - REQUEST I JR COUNCIL ACTION
STAFF REPORT
The alignment of the proposed intercepting sewer along
Cable Creek Channel crosses the two Santa Fe Railway tracks.
Permission will, therefore, be required from the Santa Fe Railway
Company to install the intercepting sewer across the railroad
right of way.
The attached Pipe Line License authorizes the
installation and maintenance of the proposed 12-inch sewer line,
for the sole purpose of conveying sewage.
Issuance of this license is contingent upon payment of a
fee in the amount of $400.00 to Santa Fe. In addition, Santa Fe
is to be reimbursed for any expenses incurred for false work to
support the railroad tracks and for a flagman to protect rail
traffic during installation of the sewer. Since the sewer will
be jacked under the tracks, no expenses are anticipated for false
work or flagman.
A provision is contained in the Pipe Line License that
either party can terminate this agreement by 10 days notice in
writing. This is a standard provision in railroad documents.
We recommend that the Pipe Line License be approved.
9-22-89
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PIPE LINE LICENSE WITH THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, RELATING TO CONSTRUCTION AND MAINTENANCE
OF A 12-INCH INTERCEPTING SEWER ACROSS RAILROAD RIGHT-OF-WAY ALONG
CABLE CREEK CHANNEL, AT CAJON BOULEVARD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City a
Pipe Line License with The Atchison, Topeka and Santa Fe Railway
relating to construction and maintenance of a 12-inch intercepting
sewer across railroad right-of-way along Cable Creek Channel, at
Cajon Boulevard, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 2. The authorization granted hereunder shall not
take effect until fully signed and executed by all parties. The
City shall not be obligated hereunder unless and until the license
agreement is fully executed and no oral agreement relating thereto
shall be implied or authorized.
SECTION 3.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
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9/22/89
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I RESO:
EXECUrT'TNG PIPE LINE LICENSE WI"'-' ATCHISON, TOPEKA
AND " 3TA FE RAILWAY COMPANY Rl. 1.TING TO A 12-INCH
INTERCEPTING SEWER ALONG CABLE CREEK CHANNE~ AT
CAJON BOULEVARD.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by
the Mayor
and
Common Council
of
the
Ci ty of San
3 Bernardino
4
at
a
meeting thereof, held on the
__day of
, 1989, by the following vote, to-wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
W. R.
City
Holcomb, Mayor
of San Bernardino
pproved as to form
nd legal content:
ames F. Penman
ity Attorney
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SA~J~_ J:E ORIGINAL
6JDl162
PIPE LINE LICENSE
THIS LICENSE, Made this 15th day of September
between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a
corporation (hereinafter called "Licensor"), party of the first part,
CITY OF SAN BERNARDINO. a municipal corooration of the
State of California
(hereinafter, whether one or more, called "Licensee"), party of the second
part.
, 19~,
Delaware
and
WITNESSETH, That the parties hereto for the consideration hereinafter
expressed covenant and agree as follows:
1. Subject to the terms and conditions hereinafter set forth,
Licensor licenses Licensee to construct and maintain one
(1 ) pipe line_, 8.75 12.92 P.f.B.
inches in di ameter (herei na fter, whether one or more pi pe 1 i nes, call ed the
"PIPE LINP), across or along the right of way of Licensor at or near the
station of Verdemont. San Bernardino County. California ,
the exact location of the PIPE LINE peing more particularly shown by bold line
upon the print hereto attached, No. 1-10746 , dated
August 22. 1989 , marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying
sewaae
and shall not use it to carry any other commodi ty or for any other purpose
whatsoever.
(a) Licensee covenants that it will not handle or transport
through the pi pe 1 i ne on Licensor's property "hazardous waste" or "hazardous
substances", as "hazardous waste" and "hazardous substances" may now or in the
future be defi ned by any federal, s ta te, or 1 oca 1 governmental agency or
body. In the event the Pipe Line is now or in the future used ;n handling, or
transporting of "hazardous waste" or "hazardous substances", Licensee agrees
fully to comply with all applicable federal, state, and local laws, rules,
regulations, orders, decisions and ordinances (hereinafter referred to as
"Standards ") concern; ng "hazardous waste" and "hazardous substances ".
Licensee further agrees periodically to furnish Licensor with proof,
satisfactory to Licensor, that Licensee is in such compliance. Should
Licensee not comply fully with the above-stated obligations of this Section,
notwithstanding anything contained in any other provision hereof, Licensor
may, at its option, terminate this License by serving five (5) days' notice of
termination upon Licensee; but any waiver by Licensor of any breach of
Licensee's obligations shall not constitute a waiver of the right to terminate
thi s License for any subsequent breach whi ch may occur, or to enforce any
other provi s i on of thi s License. Upon termi nati on, Licensee shall remove the
pipe line and restore Licensor's property as herein elsewhere provided.
3-4-85-1 658/210V
(b) Notwithstanding anything contained in the liability section
hereof, in case of a breach of the obligations contained in this Section, or
any of them, regardless of the negligence or alleged negligence of Licensor,
Licensee agrees to assume liability for and to save and hold harmless Licensor
from and agai nst all i njuri es to any person and damage to property, i ncl udi ng
wi thout 1 i mi tati on, employes and property of Licensor and Licensee and all
related expenses, including without limitation attorneys' fees, investigators'
fees and litigation expenses, resulting in whole or in part from Licensee's
failure to comply with any Standard issued by any governmental authority
concerni ng "hazardous substances II and/or "hazardous waste". Li censee, at its
cost, shall assume the defense of all claims, suits or actions brought for
damages, and fi nes or pena lti es hereunder, regardl ess of whether they are
asserted against Licensor or Licensee. Licensee also agrees to reimburse
Licensor for all costs of any kind incurred as a result of the Licensee's
failure to comply with this Section, including, but not limited to, fines,
penalties, clean-up and disposal costs, and legal costs incurred as a result
of Licensee's handling, transporting, or disposing of "hazardous waste" or
"hazardous substances II on the property of Licensor.
(c) It is understood and agreed that a Li censee who does not
now, or in the future, generate, handle, transport, treat, store or dispose of
on Li censor I s property "hazardous waste" or "hazardous substances II withi n the
meaning of the Section, is not subject to the provisions of Section 2 (b)
hereof.
3. Licensee shall pay Licensor as compensation for this license the
sum of Four hundred and No/100 dollars ($400.00)
4. Licensee shall, at its own cost and subject to the supervision
and control of Licensor's chief engineer, locate, construct and maintain the
PIPE LINE in such a manner and of such material that it will not at any time
be a source of danger to or interference wi th the present or future tracks,
roadbed and property of Licensor, or the safe operation of its railroad. In
cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE
LINE for oil. gas. petroleum products. or other flammable or highly volatile
substances under pressure, the PIPE LINE shall be constructed, installed and
thereafter maintained in conformity with the plans and specifications shown on
print hereto attached in such cases, marked Exhibit B and made a part hereof.
If at any time Licensee shall, in the judgment of Licensor, fail to perform
properly its obligations under this paragraph, Licensor may, at its option,
itself perform such work as it deems necessary for the safe operation of its
ra il road, and in such event Licensee agrees to pay, wi thi n fifteen (15) days
after bill shall have been rendered therefor, the cost so incurred by
Licensor, but failure on the part of Licensor to perform the obligations of
Licensee shall not release Licensee from liability hereunder for loss or
damage occasioned thereby.
5. Licensee shall rei mburse Licensor for any expense incurred by
Licensor for false work to support Licensor's tracks and for flagman to
protect its traffic during installation of the PIPE LINE and for any and all
other expense incurred by Licensor on account of the PIPE LINE.
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3-4-85/l658/2l0V
6. Licensee shall at all times indemnify and save harmless Licensor
against and pay in full all loss, damage, or expense that Licensor may
sustain, incur or become liable for, resulting in any manner from the
construction, maintenance, use, state of repair, or presence of the PIPE LINE,
including any such loss, damage or expense arising out of (a) loss of or
damage to property, (b) injury to or death of persons, (c) mechanics' or other
liens of any character, or (d) taxes or assessments of any kind. It is the
intention of the part~s that Licensor's right to indemnity hereunder shall be
valid and enforceable against Licensee regardless of negligence (whether
active, passive, derivative, joint, concurring or comparative) on the part of
Licensor, its officers, agents and employees.
7. If at any time Licensee shall fail or refuse to comply with or
carry out any of the covenants herein contained Licensor may at its election
forthwith revoke this license.
8. This license is given by Licensor and accepted by Licensee upon
the express condition that the same may be terminated at any time by either
party upon ten (10) days' notice in writing to be served upon the other party,
stating therein the date that such termination shall take place, and that upon
the termi nati on of thi s 1 i cense in thi s or any other manner herei n provi ded,
Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and
remove the same and res tore the ri ght of way and tracks of Li censor to the
same condition in which they were prior to the placing of the PIPE LINE
thereunder. In case Licensee shall fail to restore Licensor's premises as
aforesaid within ten (10) days after the effective date of termination,
Licensor may proceed with such work at the expense of Licensee. No
termination hereof shall release Licensee from any liability or obligation
hereunder, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date the PIPE LINE is removed and
the right of way and track of Licensor restored as above provided.
9. In the case of the evi cti on of Li censee by anyone owni ng or
obtaining title to the premises on which the PIPE LINE is located, or the sale
or abandonment by Licensor of said premises, Licensor shall not be liable to
Licensee for any damage of any nature whatsoever or to refund any payment made
by Licensee to Licensor hereunder, except the proportionate part of any
recurring rental charge which may have been paid hereunder in advance.
10. Any noti ce hereunder to be gi ven by Licensor to Licensee shall
be deemed to be properly served if it be deposited in the United States Mail,
postage prepaid, addressed to Licensee at 300 North "0" Street.
San Bernardino. California 92418-0001
Any notice to be given hereunder by Licensee to Licensor shall be deemed
to be properly served if the same be deposited in the United States Mail,
postage prepaid, addressed to Licensor's Vice President - Operations at P. O.
Box 1738, 920 S. E. Quincy Street, Topeka, Kansas 66601.
11. In the event that two or more parties execute this instrument as
Li censee, all the covenants and agreements of Licensee in thi s 1 i cense shall
be the joint and several covenants and agreements of such parties.
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1658/210V
12. All the covenants and provisions of this instrument shall be
binding upon and inure to the benefit of the successors, legal representatives
and ass i gns of the parti es to the same extent and effect as the same are
binding upon and inure to the benefit of the parties hereto, but no assignment
hereof by Licensee, its successors, legal representatives or assigns, or any
subsequent assignee, shall be binding upon Licensor without the written
consent of Licensor in each instance.
13. Notwithstanding any other provisions of this license, Licensee
shall comply with all statutes, ordinances, rules, regulations, orders and
decisions (hereinafter referred to as IIStandardsll), issued by any federal,
state or local governmental body or agency established thereby (hereinafter
referred to as IIAuthoriti'), relating to Licensee's use of Licensor's property
hereunder. In its use of the premi ses, Licensee shall at all ti mes be in full
compliance with all Standards, present or future, set by any Authority,
including, but not limited to, Standards concerning air quality, water
quality, noise, hazardous substances and hazardous waste. In the event
Licensee fails to be in full compliance with Standards set by any Authority,
Licensor may, after giving reasonable notice of the failure to Licensee, and
Licensee, within thirty (30) days of such notice, fails either to correct such
non-comp liance or to gi ve written noti ce to the Li censor of its intent to
contest the allegation of non-compliance before the Authority establishing the
Standard or in any other proper forum, take whatever acti on is necessary to
protect the premises and Licensor's railroad and other adjacent property.
Licensee shall reimburse the Licensor for all costs (including but not limited
to, consulting, engineering, clean-up and disposal costs, and legal costs)
incurred by the Licensor in complying with such Standards, and also such costs
incurred by the Licensor in abating a violation of such Standards, protecting
against a threatened violation of such Standards, defending any claim of
violation of such Standards in any proceeding before any Authority or court,
and paying any fines or penalties imposed for such violations. Licensee shall
assume liability for and shall save and hold harmless the Licensor from any
claim of a violation of such Standards regardless of the nature thereof or the
Authority or person asserting such claim, which results from Licensee's use of
Licensor's premises, whether such claim arises in whole or in part from the
negligence or alleged negligence of the Licensor or otherwise. Licensee, at
its cost, shall assume the defense of all such claims regardless of whether
they are asserted against Licensee or Licensor.
14. Upon written notice from Licensor, Licensee agrees to assume the
defense of any 1 awsuit, admi ni strati ve acti on or other proceedi ng brought
against Licensor by any pUblic body, individual, partnership, corporation, or
other legal entity, relating to any matter covered by this License for which
Licensee has an obligation to assume liability for and/or to save and hold
harmless the Licensor. Licensee shall pay all the costs incident to such
defense, including, but not limited to, attorneys' fees, investigators' fees,
litigation expenses, settlement payments, and amounts paid in satisfaction of
judgments. Any and all lawsuits or administrative actions brought or
threatened on any theory of relief available at law, in equity or under the
rules of any administrative agency shall be covered by this section,
including, but not limited to, the theories of intentional misconduct,
negligence, breach of statute or ordinance, or upon any theory created by
statute or ordinance, state or federal.
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3-4-85-1658/210V
IN WITNESS WHEREOF, the parties have executed this agreement in
duplicate the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
By U~.4f'~7~~-
M / .
Its anager of Contracts-
CITY OF SAN BERNARDINO. CALIFORNIA
By
Its Mayor
ATTEST:
City Clerk
Approved as to form
and legal content:
James F. Penman
City ttorney
;1
,. 7-- "J r f'c-~ Yv
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3-4-85-l658/2l0V/2574d/2228/8
C.E. FII F: NO. <04- 040 -0222 5
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF
SAN 8ERNARDINO
/d.~.d-u--
_H._~._~~b~_____
CHIE F ENGINEER
DESCRIPTION APPROVED
u.
w
a:
a..
<(
~
TOPEKA, KANSAS
SCALE: 1 IN. TO 100 FT.
CALIFORNIA DIV.
CA.JON SUBDIV.
DATE: Aug u s+ 22,IQeQ
;:
cr
2.
E.5. 3Q2Q+01.4
MP 15+0~54.8
CA-IO N
61 "~
J;; y ~.
R/w Line - --~
t No. Mo', n Track - -'"
8 1 ~
so
<t. So. Main Track - --~
100'
To San ~ernordino
~. R/W Line
~ "
10 ~ To f>ar5+ow
DESCRIPTION OF PPELINE"
PFEUNE SHOWN BOLD
...
PFe
CARRER
~Sn
CASING
PPE
24"
CARRER
PIPE
LENGTH ON RIW: 152.~
WORKtfG PRESSURE: 6Tav", ry
BURY: 8ASEIRM.. TO TOP OF CASING
BURY: NA T1JRAL. GROWl)
BURY: ROADWAY orratES
CATHODIC PROTECTION
CASING
PFE
Cb.4
SIZE:
CONTENTS: ~e~aQe
PIlE MATERIAl: PYC ~tee \
SPECFlCA,.... I GRADE:~TMl. ~. SDR 2lo erode t!:>
WALL ntCI<NE8a: Q46 O.~-l':.. a.sec
COA TNa: Yes
~'-q"
4 '-<0 .,
4' -<c, ,I .
VENTS: NUMBER-=-- SIZE - HEIGHT OF VENT ABOVE GROUND
NOTE: CASING TO BE JACKED OR DRY BORED ONLY
Neclr Verdemont,Son Bernardino
Count'!' California
C.E. DRAWING NO.1 - \014<0
DIV. DWG. NO.
DIV. FILE NO.
G.M. FILE NO.
-SHE.
The Atchison, To. .:ka and Santa Fe Railway C, J.pany
920 S.E. Quincy St.
P.O. Box 1738
Topeka. Kansas 66628
~
September 15, 1989
6JDl162
City of San Bernardino
Public Works Department
300 North "0" Street
San Bernardino, California 92418-0001
Attn: Paul Boerner
Gentlemen:
Referring to your request to construct sewage pipeline across Santa
Fe's right of way at W 75+0654.8 near Verdemont, California, near the Cable
Creek Channel.
Enclosed, in duplicate, is Santa Fe's standard license agreement
covering your proposed installation as identified by Exhibit No. 1-10746.
This agreement should be executed by the Mayor, attested by the City Clerk and
the original counterpart (stamped "Santa Fe Original") returned to the
undersigned, together with remittance of the $400.00 consideration specified
therein. It will also be necessary that we be furnished a copy of the City's
resolution or Council action authorizing execution of the document. You may
retain the duplicate counterpart of the license agreement for your records.
Upon return of the completed agreement, it will be satisfactory for
you or your contractor to make the installation; however, you should contact
Santa Fe's Contract Representative in our Division Manager's Office at San
Bernardino, California, telephore (714) 387-1258, at least 5 days in advance
of your anticipated construction in order that they may provide any flagging
protection and/or inspection that may be necessary. It will also be necessary
that your construction crew or contractor have in its possession a
fully-executed copy of the enclosed agreement or satisfactory evidence from
our Division Manager or his representative that they have permission to be on
our right of way to make the installation.
If you have any questions concerning this matter, please contact
Jack Dick, telephore (913) 357-2228.
Yours truly,
;::"/7 ..yj'///>c~~
~./ ,,<..q;..~4
T. J. Nelson
Director of Contracts
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A Santa Fe Southern Pacific Company
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