HomeMy WebLinkAboutReso 33-1981RESOLUTION NO. 33-81
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND SOUTHERN PACIFIC RAILROAD
COMPANY FOR THE EAST GRAND AVENUE RAILROAD
GRADE SEPARATION PROJECT
that-
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Execution of Agreement.
Execution of an Agreement for the East Grand Avenue Railroad
Grade Separation Project between the City of South San Francisco, a
municipal corporation, and Southern Pacific Railroad Company, a Delaware
corporation, a copy of which is attached hereto as Exhibit "A," is hereby
authori zed.
2. Signatures.
The Mayor is authorized to execute said Agreement on behalf of
the City, and the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at an
adjourned., meeting held on the 19th day of March , 1981,
by the fol 1 owing vote:
AYES: Councilmen Ronald G. Acosta, Mark N. Addiego, Gus Nicolopulos;
and Councilwoman Roberta Cerri Teglia
NOES: None
ABSENT: Councilman Emanuele N. Damonte
ATTEST'
City Clerk
EXHIBIT "A" TO RESOLUTION
· adopted 3/19/81
AGREEMENT
.
THIS AGREEMENT, made this day of ._ ,
1981, by and between SOUTHERN PACIFIC 'TRANSPORTATION COMPANY,
a Delaware corporation, herein termed "Railroad," and CITY
OF SOUTH SAN F~ANCISCO, a municipal corporation of the State
of California, herein termed "City;"
·
RECITALS:
~ity proposes to construct a street or highway by means
of an overpass (hereinafter referred to as "structure")
upon certain property of Railroad, at or near South' San
Francisco, in the County of San Mateo, State of California,
in the location shown on the map .of Railroad's Western
Division Drawing No. S-5496, Sheet "No. 1, revised
January 29, 1981 attached and made-a part hereof.
.
The parties ~now desire to-.set."forth herein-~'helr ~nder-
. .
standings and' agreements relating tO the construction
and maintenance of said structure and the changes made
·
necessarY' in connection therewith.
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Except as herein otherwise provided, City. shall furnish.,
·
·
or cause to be furnished;-all labor, materials, tools'
and equipment for the' construction of said structure.
Said structure shall be constructed in a manner to
accommodate Railroad's tracks and in accordance with
plans and specifications which shall be subject to the
approval of Railroad.
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o ·
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As part of the project herein contemplated, City. shall
'.
take. all nec. essary steps to legally abandon and close
to public use the existing g~ade crossing 'at East. Grand
·
,
Avenue, PUC No. E-9.3
·
City shall, by separate instrument ~o be executed
following closure to 'public use of said grade crossing,
· quitclaim to Railroad all public rights, title and
interest in and to the areas now occupied b~ sai~. grade
.crossing.. Railroad shall, by separate instrument to be
executed at a later date, grant to City the necessary
e~sement up~n, over and across Railroad's property for . .
the construction, maintenance and use of said structure
and for necessary underground utilities.
.
City agrees to reimburse Railroad for %he cost and
expense incurred by Railroad in connection with the
construction of .said. structure, including, but not
limited .tQ, rearrangement of signal and com~/nic-~ion
facilities to permanent underground locations, reloca-
tion' of side track and team tracks, 'installation and
-removal of temporary .detour grade' crossings and warning
devices, removal of existing crossing and warning -.
de~ices at East Gran.d Avenue grade .crossing No. PUC 'E-9.3,
tie renewal and track surfacing where crossing
'No. PUC'E-9.3 is removed, and flagging,, pr'eliminary
.engineering and engineering inspection.
·
The estimated amount of such cost and expense is summa-
rized in Exhibit "A," attached and ~ade a.part hereof..
·
An~' reimbursement to Railroad by City's contractor
under.its agreement with Railroad (see Section 10
hereof) shall not be required from C~ty.
Ail work to be done hereunder by Railroad shall be done
only by its employees working under railroad labor
agreements, and shall be done on a force account basis
--2--
·
or by contract. Railroad shall submit all statements
of cost to Ci~ for payment of work performed by Railroad
in accordance with the Interstate Commerce Commission's
System of Accounts for Rai~0-ads, and on' the basis of
items set forth in said Exhibit "A."
Upon completion of said structure, Railroad agrees to
'contribute to the cost of the grade separation project
as Provided for in Section 1202.5 of the California
Public Utilities Code. The limits of the project in
which participation by the Railroad is required shall' '
be between structure engineer stations 0+00 and 21+97.07
and shall also include relocated "SouthboUnd Off Ramp,'"
"Northbound On Ramp," and Dubuque Avenue," partial
· reconstruction of approximately 200 feet of bridge 'on
northbound lanes of U.S. Highway 101 'as' shown on attached
print and costs incurred by Railroad .in performing the
work contemplated in paragraphs 3 and 4 herein.
·
The estimated cost of that project to .which Railroad
shall contribute is Fourteen Million, Five Hundred
Thousand Dollars' ($14,500,000), Railroad's contribution .
-,
shall be ten percent (10%) of the actual final project'
costs or One Million, Four Hundred Fifty Thousand
DOllars ($1,450,000) whichever is less. From this
'shall be deducted the actual expense incurred by Railroad,
·
an4 Railroad shall pay the difference to City. If the
expense incurred by Railroad exceeds the amount of
Railroad's contribution, City shall pay the difference
to .Railroad.
To establish the net right-of-way costs to which Railroad
shall contribute, the fair market value of any excess
parcels acquired is to be subtracted from the cost of
the total right-of-way acquired by City.
I --3--
It is mutually agreed that the term "cost of right-of-
'' us'ed in this agreement, is defined as and'
way, as
limited to the follo.W_.in~:__ ..
(a) Payments by City for right-of-way acquired by City
for the project, including the cost to_City of
· .
acqui s i tion.
.
(b) The amount of damages awarded against City or
Railroad for inverse condemnation pursuant to
Article I, Section 14, of the Constitution of the
'- State of California, due to the closure~' of Grade
Crossing No. PUC E-9.3.; provided, however, that
%he suit or cause of action against Railroad is
filed in a court of competent jurisdiction within
three (3) years of the closure of said grade
crossings, or in the alternative, Railroad. files
with City, within three (3) years of=~e.. ~losure
of said crossings,.a notice of claim by third
persons against Railroad for inverse condemnation
·
· due to the closure of said crossing.
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(c) The Costs of defending' against such inverse con-
demnation claims, including, but not limited to,
attorney'fees, the costs of staff employees, trial
·
expenses, such as transcripts of testimony, fees
..
of .expert witnesses, and the expense of any appeals.
Cost of right-Of-way shall be shared by the parties in
the ratio of ninety percent (908) to City, and ten
percent (10%) to Railroad up to Limit Value. City
shall be responsible for defending against all claims,
suits or actions brought for or on account, of inverse
condemnation; provided, however, that when inverse
claimant has not filed an' action agains~ City in accor-
dance with law, claims against Railroad shall be defended
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6~
7.
by City only if 'the suit or action Was filed in a court
of competent jurisdiction against Railroad wihin three
.
(3) years of the closure of Grade Crossing No. PUC E-9 3,
or, in the alternative,__Railroad filed with City,
within three (3} years of the closure of sai~ grade
crossings, notice of claim by third, persons- against
Railroad for inverse condemnation due to closure of
said grade crossing. City agrees to defend aha. contrib-
ute, as set forth above, only insofar as it may legally
do so in light of-Article IV, Section 31, of the Consti-
tution of the State of California.
. .
In the event Federal funds become available for all o-r
·
a portion of said struCture, City will use its best
efforts to obtain such Federal funds. Should City
receive Federal funds, then the provisions of this
agreement relating to Railroad's contribution shall be
governed by the--applicable statutes of the United
States or ?pplicable Federal-Aid Highway Prg.q~ram.~anual
regulations, rather than by Section 1202.5 of the
California Public Utilities Code.
_
Ail work-contemplated in this agreement shall be per'formed
in a good and workmanlike manner to the satisfaction of
the parties, and each portion shall be promptly commenCed
'-by the party obligated to do the sa~e and thereafter
-.
diligently prosecuted to completion in its logical
order and sequence.
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Th® books, papers, records, and accounts of the parties,
so far as they relate to the items of expense for labor
and materials or a~e in any way connected with the work
·
herein contemplated, shall, at all reasonable times, be
open to inspection and audit by the agents and authorized
representatives of the parties.
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City, by separate instrument, shall acquire from Railroad
that property illustrated on the attached Exhibit
Railroad shall, by separate permit, grant to City right
of entry to enter upon said parcels for construction
purposes. -
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Upon completion of the construction of said structure,
City, at its expense, shall maintain same, including
pavement, highway drainage, lights and all highWay
facilities; and Railroad, at its expense, shall main-
rain its tracks, railroad drainage' and all railroad
facilities
10. In the-event any of. the work. On' property of Railroad,
and herein contemplated, should be advertised-for bids
by City, the awarded contract shall include the provi-
sions set. forth in Exhibit "B," attached'and hereby
made a part hereof. Said work shall not be commenced.
by the contractor until:
(a)' City has furnished to Railroad's authorized Engi-
neer a copy of said. contract executed by contractor
· and a public liability and property damage insur-
ance .policy containing an endorsement in substan-'
tial ly the same form incorporated in said Exhibit' "B;
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and "
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(b) Railroad's authorized Engineer has advised City by
letter that the limits, form and wording of said
insurance policy are satisfactory to Railroad.
The' above public llability a'nd property damage insurance
policy or policies shall be kept in-full forc~ and
effect by City's contractor during the performance of
said work upon .and adjacent to Railroad's property and
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thereafter until Contractor removes all tools, equip-
ment and material from Railroad's property and cleans
up the premises to a presentable condition s. atisfactory
to Railroad ....... ~_ ...........
City and its contractor shall giv~ reasonable notice 'tO.
Railroad's Division Superintendent b'efore commencing
any work in connection with said structure upon or
· adjacent to Railroad's property, and shall observe.
Railroad's rules and regulations with respect thereto.
All 'work upon said structure shall be done at such
times and in such manner as not to interfere with or
endanger the operations of Railroad.
11. To the extent permitted by 'law City agrees to exclude
Railroad from inclusion within the formation of any
special assessment district now in existence or there-
after formed as .long as the property which is the
subject of this agreement is in the ownership of=~the
Railroad; it is mutually agreed and expressly under-
stood that City may not have the power or authority to
delete Railroad 'from inclusion within a special assess-
ment district in the event 'that other property 0wne~s
within any potential district override City's exclusion
of Railroad by a vote of the aforesaid property owners
· within the procedures of any special assessment act of
·
legislation.
12. This agreement shall inure to the benefit of and be
·
binding upon the successors and assigns of Railroad and'
the assigns of City.
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IN WITNESS ~q~EREOF, the parties have caused these presents
to be executed in duplicate by their officers thereunto duly
authorized and their respective se'als to be hereunto affixed,
as of the day and year first herein written.
·
SOUTHERN PACIFIC TRANSPORTATION COMPANY
· .
By:
(Title}
CITY OF SOUTH SAN FRANCISCO
By-
Mayor
Clerk
-8-
EXHIBIT "A"
.COST S~MARY OF WOHK BY RAILROAD
A. Track Work
B. Signal Work
C. Equipment Rental
D, Freight
E' Preliminary Engineering
F. Handle Material
O. Vacation Allowance
P% Holiday Pay
i. Health & :Welfare
J. RR Retirement & Unemplo3~nent Tax
PD, PL and WC insurance
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L .Accounting and Billing
·
M Contingencies
.
~ Gross Cost -' (Estimated)
O. Less Salvage
.
.
p. Net Cost (Estima~.~d)
239,955
44,265'
3,795
5,870
o
3,670
4,560
-6,515
3o,365
5,.695
...
7,555
'~8,540
,,,.
~23,965
5,890
$ 418,075
~EJC4iBIT "B"
·
R~L~T~' !O,,S~ k'iTH'. RA!L~0AD
·
:
The term "Railroad"shall'be ~nderstood %o me~
.
.
Southern Pacific ~an~P-0~'A~i0n Company'.
The te~'"Po!i~icsl Subdivision" shml! be ~-d~stood %o
~.-
' ~ ~-~ '0ity of' South~San Francisco ' . .~ ' ....
It ts e~octed' t~t Real. Dad wilI Cooperate with th~ Contractor. to t
bhat the' work may be h~ndled in ~ efficient manner, ~t the ~Contractor shall
have no claim for d~mages Or extra compensation in t~ 'event ~s work is hel~
up by ~ ~
~.e work by Rai~oad ~orces. - ~ ~. ~ ~. ·
.
(b) Rai!rosd Reeuirements -- The' Contractor shall cooperate w~t~ Railroad'
-~re'work is over or ~de~ the tracks, or within the limits of Railroad pro-
perty, in order to expedite the ~rk ~d to avoid, intsrferenc~ with the opec-
etlon of railroad equipmsnt. ' -' '-
The C&ntractor sbmll co~p!y with tbs rules and ret'elations of Ra'~lroad-'
or th~ .....~t~ctions-of ~=~s represents$~ves in relRtion to.the proper ~am_uer
of protectiD~ the tracks ~ud property, of Railroad and the traffic moving
such tracks, as Me!l ~ the w~es, signals, 'and Other property Of Railmoad,'~
its ~n~nts or licensees, at and in the vicinity of the ~ork during the
of ~ ~struction. . ,~.~.,. ~' =~,
'
, ~he Contractor s ha !'[ -perform h~-Mork in such ~u~r and at-much
.
- ,~acks ~ud pr~
shall not endanger-or interfere w~th the safe operation of'the ~
p_~ ~j of R~ilroad and the ~.af~ic moving on such tracks, as well as wires, s
hals and other property of Railroad, its tenants or Tlcen~ees ,-. at o~ in th~%
=inity of the work. . "' ~ - -
~cept as other!se provided herein, the Contractor's operations shall~
~rznge on the' fo!lowiD~ mtnim~ clearances from any rai~oad~track:
" ~ 10'.- 0" horizontally from center line ~f ~rack.
. .~' 22' - 6" WertiCally above top of rail. ·
.- .. .. ..
... ........
in addition to the reouirements in this section, and except as may.
oecifically authorized by the_~representative of 'Southern Pacific ~ansportatio]
0mpany, the Contractor wii! not be oermitted' to Dark or wprk ~ny equioment .
Ithin 15 feet horizontally from the' centerline cT any raimroad track in th.e
~rn~ng between 6-00 ~]~[ and 9:15 ;3~ or passase of ~ain f137 whichever Is
nd in the evening between ~'15 PM and 7'30 PM, or passege of ~a!n-~1~6
~!,chever is later,~ Monday ~hr0u~'Friday inclusive.
. · . .
~L~ Any i~ri~ement on the above clearances due tO the Contr4ctor's oper~
~ions shall be submitted to the Railroad and to the ~i~eer, and shall' not
~ ~u' rtaken ~til approved by the Railroad, and ~til the Engineer has ob~;~
.~ne ~ny necessary authorization from any gover~ental body or bodies having~
is~ction thereover. No extra-compensation will be allowed in the event the
~ntrac~or' s work is delayed pending Railroad approval and governmental, authori
.~tion..
%n %he case of i~aired vertical clearance above top of rail, Railroad she
~ve the option of installi~ tell-tales or other protective devices Railroad'
~ems necessary for protection of Railroad trai~en or rail traffic.
~he
~he details of conntruction affecting th~ Railroad tracks and property
not included in the contract plans shall be submitted to the Railroad for
approval before such work i~ undertaten.
-..Except in connection with construction of grade' separation structures on
pre: see of Railroad, no private-crossings at grade over tracks .of Railroad
for he purpose of hauling earth' ~rocl~,~ paving or other, materials will be
permitted, If the .Contractor,-for.'the purpose of constructing highway-railway
grade separation structures, including construction.ramps thereto, desires to
mo~e his equipr.~ent or ~terials a.~ross Railroad's t~acks, he .shall obtain~
psrraission fro~ Railroad; and, should it be required, the Contractor shall ...
execute a private cros$~g agreement.- The crossing installation for the use
of the Contractor, together-with, any protectiv, e devices, if required~~ shall
be at the expense of the Contractor. ~'.°Contractor ~shall furnish his own
employees as flagmsn to control· .~ove. ments-of .vehicles on the privat.s
and shall take all. measures necessary to prevent the use 'of such ro.adway by
unauthorized 'persons and vehicles, .' -.. --. " " · '
' In advance of any blasting, 'the' Contractor. sha~l".n0ttfy Railroad 'in Order
that proper flagging p~otection may.be provided..
'The Contractor shall, upon completion.of 'the work Covered by this con-
tract, to be performed by Contractor :upon the premises or over or beneath the
tracks of Railroad, promptly remove from the pre~ises of RailrOad all of Con-
~ractor's tools, implements and other ..materials'~ ~.,,'nether brought upon said
pre~ises by said Contractor or any subcontractor, employee"or .agent of Co~-
tractor or of any subcontractor, and cause said premises-to be left in a
clean~ and presentable condition... ~ '~ ..-...~ .
·
.(c)~ protecticn of Railroad Facilities --'In -compaction with work~'performsd
a.~ ~ :.lroaa-crossings, railroad representatiVe, s; conductors~..~flagm~n or watch-
nen~ ~tl]. be provided by Railroad ~o'protect its facilities, prope~ t~
nov~,~ents of its trains, or engines, when in the opinion of. Railroad's repre-
-~entativc same is necessary' due to' the COntractor's operations.~.while working
on or adjacent to the~ R~ilroad's pr'operty or:.its tracks, .- .
" .The cost of all personnel deemed, necessary' ~y Railroad and Provided..by
~ailr0ad for. the protection of'Railroad facilities and trains during the.l~er.-
~_od of construc.ting the separati0n~.-and the cost of installing'protective
tevtces in the case of i~paired' Clearance, as above specified,, shall be
~y the. Contracto~ _~_~ sum. s--sufficient'to cover' th&'.claims' based upon bills ·
~endered to the political subdivision by.Railroad for such costs will .be-.
teducted from the progress and final~.pay estimates due the' Contractor. .--
The' rates of pay o£ Railroad employees..customarily called upon to ac~ for
:he protection of Railroad are the 'rkilroa'd rates in effect at the time of the
~ork for the various classes of labor. Compensation, property damage and pub-
.ic liability insurance, vacation and holiday time, railroad retirement and
'~uemployment taxes, health and welfare, and supervision charges shall be added
;o the above rates. · ' ..
Railroad will, upon request, furnish prospective bidders with s,u. esti~ate
,f cost of the flagging protection which will. be required~ but such esti:aate
'.hall be tuuderstood to be approximate only and no guaranty is made that the
· oral cost o£ such' flagging will not. be. in excess, of the estimated amount. ·
:he determination of the cost of flagging and protective devices to be used
.s a-~asis for the subm.itting of bids shall be the responsibility of the pro-
.pec ye bidders. - · .
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.
·
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d) Work b_Y Railroad Company --Railroad will rearrange its telephone, tele-
raph and signal 1Lues and appUrtenances, and will make all track changes and
ill per£orm any other work in connection therewith., o .
·
· ·
·
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on FA '
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The work by Railroad will be~ne ~by its own forces and is not a part of
tho-work under this contract. '
Add'--ional Work by Railroad Company (if any) --
Rearrange grade crossing signal warning devices~and later remoVe.
Install detour grade crossing (within track areas) and later remove
detonr and existing grade crossing.
Construct and/or rearrange team track platform facilities.
· ·
·
_(e~._ AEreement -- Before doing any work on Railroad's proPerby, the Contracto~~
sha.'~-execute mu agreement with Railroad in the form of.agreement annexed, hereto.
'2-1-61
~on FA -3-
· RELMIS:
TIIIS AGREEMENT, made this -~'day ~o~.
by and between _
·
.
a corporation, herein termed "Railroad", and
..
· 19 ,
, address:
herein termed ."Contractor";
WITNESSETH:
1. For a period not to.extend beyond_. , '19 ,
Railroad hereby permits Contractor to enter upon. the property of Railroad
at , in the County
of , State of
for construction of ·
2. C6ntractor warrants that Contractor has entered into a contract
'with
~reina~ter' termed "Third Party", covering the work to be perform'ed in
.nnection with. said .structure at said location.
3. Contractor agrees to reimburse Railroad fo~ all cost and expense
incurred by Railroad in connection with the construction or operation not.
requ£red under aforesaid contract between Third .Party and Contractor,
including, but not limited to, the furnishing of such inspectors, watch-
men and flagmen as Railroad deems necessary to protect its property,
tracks, engines, trains and cars and the operation .thereof, the installa-
tion and removal of any 'necessary falsework beneath the tracks of Railroad
and the restoration of Railroad's property. No vehicular crossing over
Railroad's '.t~ack shall be insta'lied or used by Contractor without prior
written permission of RaiLroad.
.
.
4. Contractor shall give Railroad at least five (5) days' notice
· in advance Of any work done upon or adjacent to Railroad's property under
said contract. Contractor shall notify Railroad the date said work is
completed, and also the date the Contractor's work is accepted' by Third
Party. Upon completion of the work to be done upon Railroad's property
under said contract,. Contractor shall promptly remove from Railroad's
property all tools, equipment and materials placed thereon by the Contrac-
tor and ContractOr's agents. Contractor shall restore said'property to
the same state and condition as when Contractor entered thereon and shall
leave said property in a clean and presentable conditiOn.
5. Said work shall be performed in accordance with plans and speci- ,.
.~ations approved by Railroad and in such manner and at such times as
not endanger or interfere with the safe operation of the tracks
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·
and other faciliti'es at said loca-tionj .... No materials, tools or equip-
ment shall be stor. ed within ten (10) feet of the center line of any
~rack. The regulations of Railroad and the instructions of its
representatives shall be complied with. relating' to'the proper manner
of protecting the tracks, pipelines, wire lines, signals and all other
propert2 at said location, The ±raffic moving on such tracks and the
.removal. of tools, equipment and materials.. . "
6. Contractor hereby releases an~ 'agrees to indemnify Railroad
from and against all cost, expense, claims and limbility fo~ injuries
to or death of persons (including, but not limited to, passengers and
employees of Railroad), and damage to or loss o£ property (including,
but not limited To, property owned, leased, occupied or used by or 'in
the care, custody or control o~ Railroad or the employees o£ Railroad).~
howsoever the same may be caused, resulting from, arising out of or in
any way connected with the prosecution of the work under said contract
upon or adjacent to Hailroad's property at said location, whether or no~
caused or contributed to by the operation of trains on Railroad's
jacen~ track, except ~hen due ~o 'the sole negligence of any of Railroad'~
. .agents or employees. For purposes of this section 6, the Term "Railroad"
shall include any other railroad company using RailrOad's property at
said location with Railroad's consent and any affiliate, subsidiary or
,--"-- ~.,~.~. .... ~.~- .
essor of Railroad. .~.. .
.~.
·
7. Should Railroad bring suit to compel performance of or lo re-
c~ver for breach of any covenant or condition contained herein, Contrac-
Tot shall p.ay to Railroad reasonable attorney fees in addition to the'
amount of judgment, and costs.
·
o
· .
8. prior to the performance of any work upon or adjacent to Rail-
road's property under said contract, Contractor shall furnish Railroad,
at Conlractor.'s expense, a certified copy of a public liability and
property damage liability insurance policy issued in the name of The
Contractor covering The contractual liability assumed by Contractor .
under section 6 hereof. The form, substance and limits of said-insurance
policy shall be subject to The approval of Railroad and shall be in
compliance with the provisions contained in the insert marked "Exhibit "A"
hereto attached and made a part hereof.
Contractor shall keep said insurance in full force and effect until
all work to'be performed,upon or adjacent to Railroad's property under
said contract is completed to the satisfaction of and accepted by Third
Party and thereafter until Contractor has fulfilled the'provisions of
this agree, ment with respect to the removal of tools, equipment and mate-
rials from Railroad's property. Said policy shall name Railroad as
~ditional insured.
9. The permission herein given shall not be assigned by Contractor
without the prior written consent of Railroad, except in the case of
Form D-.I - 12/3/76.
·
~o
subcontractors who shall be deemed agents o:f Contractor, subject to
the terms of this agreement.
-- IN WITNESS I~HEREOF, the parties hereto have caused these pre-
·
sents to be executed in duplicate as of the day and year first herein
~ritten.
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F/3r~t 'D-1 - Febru~ary .26, 1979
· .
of
Contractor' s Agreement
The coverage afforded hereunder shall include the liability
assumed by the named insured under the followino= indemnification
provisions contained in an agreement in writing between the named
insured and
covering work to be performed upon or adjacent t0 its property
Mile Post ,_ ~_..
"Contractor hereby releases and agrees to indemnify
Railroad from and against all' cost, expense, claims and
liability for injuries to or death of persons (including,
but not. limited to, passengers and employees of Railroad),
and damage to or loss of property (inclUding, but not
limited to, property owned, leased, occupied or used by
or in the care, custody or control of Railroad or the
employees of Railroad) howsoever th.e same may~be c%Dsed,.
resulting fr6m, arising out of or mn any way ~nne~ed
with the prosecutign of the %,ork under said contract upon
or adjacent to Railroad's property at Said location,
whether or not caused or contributed to by th'e operation
of trains on Railroad's adjacent track, except when due
to the sole negligence of any of Railroad's agents or
employees. For purposes of this section 6, the term.
'Railroad' shall include any other railroad company using
Railroad's property at said location with Railroad's con-
sent and any affiliate, subsidiary or lessor of Railroad.
The policy or policie~ shall provide Coverage in amount of not
less thanFive Million Dollars ($5,000,000) combined single limit for
all damages arising out of bodily injury to or death of persons and
for loss of or damage to property.
No cancellation of this policy or modification of the coverage
afforded under this endorsement shall be effective until ten (10)
days' notice thereof has been given to~ Mr. H. B. Berkshire, Asst..
· .
17.-~ ~~8~.~t - MI:..; W.~.~ee~ , Southern Pacific Building,
·
One 2~.!arket Plaza, San Frahcisco, 'California 94105,
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The policy shall name Southern Pacific Transoortation
Company as additional insured.
EXHIBIT "A"
EXHIBIT C
Descriptions of Parcels of Land situated in the ~ity of
South San Francisco for use-in-agreement with the Southern
Pacific Transportation Company for and in connection with
the East Grand Avenue railroad separation.
,
Parcel. 1: permanent Easement Parcel
.A parcel of land situated 'in the City of South San
Francisco, County of San Mateo, State of California, more
particularly described as follows:
Commencing at the intersection of the northerly line of
East Grand Avenue with the southeasterly line of land of
Southern Pacific Transportation Company, said southeasterly
line being also the northwesterly line of Industrial Way;
thence· along said southeasterly line and said northwesterly
line N.38"42'40"E., 434.82 feet.to the actual point of
beginning of this description; thence, from said point of
beginning continuing N.38*42'40"E., 147.95 feet; thence,
leaving said southeasterly line and said northwesterly line
from a tangent that bears N.69*02'30"W.,' along a 3'45.75-
foot-radius curve to .the ]eft through a central angle of
59*40'08", an arc distance of 360 07 feet; thence., S.51"17'20"E.;
37.65 feet; th~'nce, S.05'47'20"E.] 60.00 feet; ~'~nce~s.
38*42,40,, w., 55.00 feet; thence, S.51°17'20"E., 38.00 feet;
thence,'S.38*42'40"W., '273.50 feet; thence, along a 270.25-
foot-radius curve to the right through a central angle of
12o11,05-
, an arc distance of 57.47 feet to the easterly
line of Dubuque Avenue; thence, along said easterly line.
from a tangent that bears S.38°23'41"W., along an 11503.86-
foot-radius curve to the ]eft through a central angle of
00'10'42", an arc distance.of 35.81 feet; thence, leaving
said easterly line from a tangent that bears N 58"03'49"E'
along a 280;25-foot-radius curve to the left through a
central angle of 19'21'09", an arc distance of 94.66 feet;
thence, N.38*42'40"E., 296.00 feet; thence, along a 209.75'
foot-radius curve to the right through a central angle of
59.*49'37", an arc distance of 219.02 feet to the actual
point of beginning, containing an area of 1.002 acres· more
or less.
The bearings and ~!stances used in this description are
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based on the California Coordinate 'System, Zone III. To
obtain ground distances divide dist.ances used by 0.9999301.
Parcel 2: Acquisition Parcel
A parcel of land situ~te~_..!n the .City of So~th San
Francisco, County of San Mateo, State of California· more
particularly described as follows:
o
Commencing at the intersection of the northerly line of
East Grand Avenue with the southeasterly line of land'of
Southern Pacific Transportation Company, said southeasterly
line be_ing also the northwesterly line of Industrial Way.;
thence, along said northerly line N.88"57'43"W., 152.18 feet
to the easterly line of Dubuque Avenue and the actual point
of beginning of' this description; thence, from said point of
beginning leaving said northerly line along said easterly.
line from a tangent that bears N.38"25'39"E., along an
l1503.86-foot-radius curve to the right through a central
angle of 00°16'45", an arc 'distance of 56.05 feet; thence,
N.38"42'24"E., 18.-76 feet; 'thence, along a 26~..98-foot-
radius curve to the left through a central angle of 36"24'23",
an arc distance .of 168 37 feet; thence, N.02"18'01"E
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242.56 feet; thence, along a 969.93-foot-radius curve to the
right through a central angle of 21~05'53", an arc distance
of 357.16 feet; thence, leaving said easterly line S.10°01'56"W.,
139.82 feet; thence, S.00"57'40"W., 256.00 feet; thence,
S.51°17'20"E., 53.00 feet; thence, S.05°47'20"E., 60.00
feet; thence~ .$ 38°42'40"W , 55 00 feet; thence~'.~'-S.5~i7'20"E
~ · · · ·
'38.00 feet; thence, S.38"42'40"W., 273.50 feet; thence,
along a 270.25-foot-radius curve to the .right through a
central 7angle of 12011'05", an arc distance of 57.47. feet to
said easterly line; thence, along said easterly line from a
tangent that bears N.38"23'41"E., along an l1503.86-foot-
radius curve to the right through a central angle of 00001'58",
an arc distance of 6.58 feet to the actual point of beginning,
containing an area of 0.811 acre, more or less.
The bearings and distances used in ~his description are
based on the California Coordinate System, Zone III. To
obtain ground distances divide distances used-by 0.9999301.
Parcel 3: Encroachment Permit
A parcel of land situated in the City of South San
Francisco, County of San Mateo, State of California, more
particularly described ns follows:
Commencing at the intersection of the northerly line of
East Grand Avenue with the southeasterly line of land of
Southern Pacific Transportation Company, said southeasterly
line b=_ing also the northwesterly line of Industrial Way;
thence, from said point of beginning along said southeasterly
line and said northwesterly line N.38"42'40"E., 5.50 feet;
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thence, leaving said southeasterly line and said northwesterly
line N.70".40'34"W., 110.60 feet; thence, S. 38"42:40"W..,
1 1.30 feet; thence, along a 280.25-foot.-radius curve to the
right through a central angIe~-of-19"21'09", an arc distance
of 94.66 feet to the easterly line of Dubuque Avenue; %hence,
along said easterly line and the easterly:line of State
Highway 101 from a tangent that bears S.38~12'59"W., along
an l1503.86-foot-radius curve to the left through a central
angle of 00"40'42", an arc distance of 136.20 feet; thence,.
leaving said easterly line N.75°12'40"E., 156.65 feet to the
intersection of the southerly line of said East Grand Avenue
and the southeasterly line~ of said Southern Pacific Trans-
portation Company; thence, from said intersection along said
southeasterly line N.38"42'40"E., 126.34 feet to said
northerly line of East Grand Avenue; thence, along said
northerly line S.88"57'43"E., 31.59 feet to the point of .
·
beginning, containing an area of 0.39 acre, more or less.
The be_arings and distances used in this description are
based on the California Coordinate System, Zone III. To
obtain ground distances divide distances used by 0.9999301.
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