HomeMy WebLinkAboutReso 1988-13615 Revised 6/10/88
RESOLUTION NO. 13615
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE A
RIGHT-TO-ENTER PERMIT BETWEEN THE CITY OF
CHULA VISTA AND METROPOLITAN TRANSIT
DEVELOPMENT BOARD AND/OR THE SAN DIEGO AND
ARIZONA EASTERN RAILROAD COMPANY, INC.
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, as part of the landscape median improvements on
the "H" Street entry, the installation of irrigation pipe within
MTDB right-of-way on the "H" Street site is required, and
WHEREAS, MTDB requires a Right-to-Enter Permit to
proceed with this work, and
WHEREAS, the City Attorney has reviewed the permit and
concurs with staff's recommendation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby authorize the Mayor to
execute a Right-to-Enter Permit between the City of Chula Vista
and Metropolitan Transit Development Board and/or the San Diego
and Arizona Eastern Railroad Company, Inc., a copy of which is
attached hereto and incorporated herein by reference as if set
forth in full.
Presented by Approved as to form by
Planning
4204a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
C, .,~LA VISTA, CALIFORNIA, this 14th day of June
19 88 , by the following vote, to--wit:
AYES: Councilrnembers McCandliss, Nader, Malcolm, Moore
NAYES: Counci 1members None
ABSTAIN: Counci lmernbers None
ABSENT: Counci 1 members cox
Mayor PRo TEMPORE OF THE CITY OF CHULA VISTA
ATTEST
Clerk
S ,. , E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
~, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION N0. 13615
,and that the some has not been amended or repealed
DATED
-"~"'~'~"" .....q City Clerk
. CITY OF
CHUIA VISIA
CC-660 /~-~'t',~
S 200-88~694
METROPOLITAN TRANSIT DEVELOPMENT BOARD
AND SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY
RIGHT OF ENTRY PERMIT
1. Permission is hereby granted by the San Diego Metropolitan Transit
Development Board {MTDB) and/or the San Diego and Arizona Eastern {SD&AE)
Railway Company, Inc. (hereinafter called "Permitter") to
City of Chula Vista or iat2d2~;iB~E2 (Permittee)
to enter upon the MTDB E Railway Company property (as shown on
the map attached hereto and made a part thereof) for the purpose(s) of:
Installation of a 1-1/2 inch water line under the South Line tracks within
"H" Street for street island irrigation purposes. Installation shall be by
boring.
This permission is granted with the understanding that the Permittee
agrees to release MTDB, SD&AE and its contract operator(s} San Diego
Trolley, Inc. (SDTI) and San Diego and Imperial Valley (SD&IV) Railroad
from any liability arising out of Permittee's operations under this
agreement. Furthermore, Permittee agrees to assume responsibility for
any damages caused by reason of Permittee's operations under this agree-
ment and will, at SD&AE's and/or MTDB's option, either repair or pay for
such damage.
2. Insurance requirements are as follows:
A. During the performance of services hereunder, Permittee shall
maintain policies of insurance as described below. Prior to
beginning work, Permittee shall furnish evidence of insurance
satisfactory to the General Manager of MTDB as to contents and
insurance carriers which will contain a provision for thirty {30)
days prior written notice to the General Manager of any cancella-
tion, reduction, or any material change in coverage.
B. Permittee agrees to carry the following insurance:
1. Comprehensive general liability insurance for bodily injury
{including death) and property damage which provides total
limits of not less than One Million
a. Premises and operations;'
b. Contractual liability expressly including liability
assumed under this agreement, with deletion of the
exclusion as to performance of operations within the
vicinity of any railroad bridge, trestle, track, roadbed,
tunnel, underpass and crossway;
c. Personal injury liability with standard exclusions;
(1) liability assumed under contract, and
(2) suits brought by employees deleted;
d. Independent contractors;
e. Cross liability clause providing that the insurance
applies separately to each insured except with respect to
the limits of liability.
Such insurance shall include the following endorsements,
copies of which shall be provided:
° Inclusion of San Diego Metropolitan Transit Development
Board {MTDB}, San Diego Trolley, Inc. {SDTI), the
San Diego and Arizona Eastern Railway Company (SD&AE), and
San Diego and Imperial Valley Railroad (SD&IV), their
directors, officers, agents and employees as additional
insureds as respects services or operations under this
agreement.
Stipulation that the insurance is primary insurance and
that no insurance of MTDB/SDTI/SD&AE/SD&IV will be called
upon to contribute to a loss.
2. Comprehensive automobile liability insurance for bodily injury
{including death) and property damage which provides total
limits of not less than One illi q
Dollars ($ 1.0 0,000 ~ co~ned single limit per occur-
rence applicable to a~ owned, nonowned
vehicles.
and hired
3. Statutory workers' compensation coverage including a broad form
all states endorsement; employer's liability insurance for not
less than One Million Dollars
($ 1,000,000 ) per occurrence for all employees engaged in
services or operations under this agreement, including an
insurer's waiver of subrogation in favor of MTDB/SDTI/SD&AE/
SD&IV, their directors, officers, representatives, agents and
employees.
-2- /3
4. Professional liability insurance at a limit of not less than
Dollars
($ -0- '~n~er claim/aggregate as respects services or
operations under this agreement. Such insurance is to be main-
tained for a period of not less than _ _ year(s)
following acceptance of work by MTDB/SDTIJ~D&AE/SD&IV.
A specific project policy )OK/is not required.
Employer's liability insurance for a limit of not less than One Million
Dollars ($1,000,000) per occurrence for all employees engaged in services
or operations under this Permit and statutory Workers' Compensation
coverage.
C. Permittee agrees to the following special insurance provisions:
1. The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Permittee and any
approval of said insurance by the NTDB, SDTI, SD&AE and SD&IV,
or their insurance consultant are not intended to and shall not
in any manner limit or qualify the liabilities and obligations
otherwise assumed by Permittee pursuant to this Permit,
including but not limited to the provisions concerning
indemnification.
2. Should any of the work under this Permit be sublet, Permittee
shall require each of its subcontractors of any tier to provide
the aforementioned coverages.
3. The insurance requirements outlined in Paragraph 2B above
may be waived by MTDB and SD&AE in the event the obtaining of
such insurance is not feasible. Any such waiver shall be in
writing.
3. Permittee agrees to release and indemnify SD&AE Railroad, SD&IV, MTDB and
SDTI from and against all liability, cost and expenses for loss of or
damage to property and for injury to or deaths of persons (including but
not limited to the property and employees of each of the parties hereto)
when arising or resulting from the use of said premises by Permittee, its
agents, employees or invitees, whether or not caused or contributed to by
any act or omission of Permitter.
4. The following condition(s) apply if checked:
A. X Permittee agrees to coordinate on a daily basis a reasonable
access to all MTDB/SD&AE facilities with contract operators,
SDTI and SD&IV, during trolley operations from the hours of
5:00 a.m. and 1:00 a.m. the following day.
B. X Permittee agrees to restore all facilities,
improvements, landscaping, etc., to their original
condition by the completion of work.
C. X Permittee agrees that no work by himself or his
authorized agent will interfere with Railroad/
Trolley operations.
D. Permittee shall deposit with Permitter the sum of
Dollars
{$ ) representing the estimated
expenses in connection with said work.
E. X Notify SDTI and SD&IV 48 hours prior to the start of
work on subject property {SDTI-239-6051, SD&IV-
239-7348} and within 24 hours after completion of
work.
F. X Obtain approval from MTDB/SDTI/SD&AE/SD&IV upon
completion of work that all facilities have been
restored to original or better condition.
G. X Maintain, at Permittee's expense, competent flagmen
to protect and control movement of vehicles and
equipment of Permittee while upon Permitter's
premises.
H. X Keep all equipment, tools and materials at least
fifteen {15} feet from the centerline of any
operable track.
I. X Remove all of Permittee's tools, equipment and
materials from railroad premises promptly upon
completion of work, restoring railroad premises to
the same state and condition as when Permittee
entered thereon.
J. X Reimburse Permitter for all cost and expense
incurred by Permitter in connection with said work,
including without limitation the expense of fur-
nishing such inspectors, watchmen and flagmen as
Permitter deems necessary, the installation and
removal of falsework beneath tracks, and restoration
of Permitter's property to the same condition as
when Permittee entered thereon, or a condition
satisfactory to Permitter's representative. No
vehicular crossing over Permitter's tracks shall be
installed or used by Permittee without prior written
permission of Permitter.
K. X All work shall be performed in accordance with
applicable PUC regulations.
-4-
L. X Special conditions, if applicable:
This document shall be effective from March 8, 1988 until
September 8, 1988. If a permanent easement is not executed by the
City of Chula Vista prior to the termination date of this document,
all facilities shall be removed by the City at City expense. The
City of Chula Vista agrees to pay all processing and easement fees
required at the time of execution of the easement document.
METROPOLITAN TRANS IT DEVELOPMENT PERMITTEE
BOARD
General Manager ~ TTl~e MAYOR PRO TEMPOR~,~CITY O~HULA VISTA
Date: ~/~ F'~ Date: June 22, 1988
SAN DIEGO AND ARIZONA EASTERN Name and Address: (Print)
RAILWAY COMPANY
~~L~""~ ~O--~ City of Chula Vista
o L,~ P.O. Box 1087
Chula Vista, CA 92012
Date: J / ~/~ ~
Phone Number: (619) 691-5041
City Clerk's Office
DCR:bw
FORM1
cc: __Pete Tereschuck, SDTI X Dick Engle, SD&IV
Attachment: Exhibit A
/~/~