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Home My WebLink About1993-09-28 - AGENDA REPORTS - SOUTHERN PACIFIC TRANS (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT City Manager Approval Item to be presented by: Anthony J. Nisicfv(pl September. 28, 1993 LICENSE AGREEMENT WITH, SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR RUETHER AVENUE EXTENSION (HOME DEPOT) Community Development On December 18, 1992, plans were approved for the Home Depot Development, a 102,000 square foot building fronting on Golden Triangle Road at the Intersection of Golden Triangle Road and the future extension of Ruether Avenue in the Canyon Country community. As a result of this approval, conditions were placed on the project specifying .certain public improvements. These Improvements Include full construction of Ruether Avenue and Golden Triangle Road fronting the development, complete with medians and appropriate traffic signalization at the Intersection of Ruether and Golden Triangle. The Home Depot public Improvements are expected to cost approximately $1.06 million. The Ruether Avenue Extension across the Southern Pacific Transportation Company (SPTC) right-of-way requires that a license agreement be executed by the City. The City Attorney has reviewed and approved as to form the proposed license agreement with the SPTC. Approve the license agreement with SPTC, and authorize the City Manager to execute the agreement as license. ATTACHMENT License Agreement Adopted: .) g"- 9J RGN:dls com ftomadepugn Agenda Item: C.S. 2260** December 1, 1992 - UNDERGROUND OR'OVERHEAD POWER AND/OR COMMUNICATION FACILITIES Relmis: B-.447.0 THIS AGREEMENT, made this day of .., 199 , between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, Licensor, and CITY OF SANTA CLARITA, a public body, addres5:'23920 Valencia Blvd., suite 300, Santa Clarita; Ca. -91355, Licensee; WITNESSETH: .1. Licensor hereby permits Licensee (subject to the provisions hereof) to construct, maintain and operate a traffic signal line (which together with its supports and appurtenances shall hereinafter be termed "facilities"), at or near Honby, County of Los Angeles, State of California, in the location shown on the attached print of Drawing No. B -447.0-X, dated 4/12/93. 2. Upon execution hereof, Licensee shall pay to Licensor the sum of FOUR HUNDRED TWENTY-FIVE AND NO/100 Dollars ($425.00), partially to defray cost of handling. 3. The permission herein granted is subject to all licenses, leases, easements, encumbrances and claims of title affecting .said property of Licensor. Absence of markers does not constitute a warranty by Licensor of no subsurface installations. 4. The facilities shall be installed and maintained by Licensee to the satisfaction of Licensor and in strict conformance to the attached plans and specifications noted thereon. Clearances with respect to existing and future tracks and other structures on Licensor's premises shall be provided by Licensee to conform with all applicable orders of governmental bodies and, in the absence of such orders, with the National Electrical Safety Code. Licensee shall take all precautions necessary to prevent interference by its facilities with existing or future railway signals, gates or safety devices, or the telephone, telegraph or other circuits of Licensor, or of other persons on Licensor's premises with Licensor's consent, whether such interference be by leakage, induction or otherwise. Licensee shall assume the expense of insulating any wire lines and of any other alterations to any facilities on Licensor's premises required by reason of Licensee's facilities. Before performing any work in the vicinity of Licensor's tracks,.or which would involve any excavation of Licensor's premises, Licensee shall give Licensor suf- ficient notice to permit Licensor to have its representative present. Prior to placing'•the' facilities in service for any reason (testing or otherwise)', Licensee shall contact Licensor's local Signal Supervisor to pe'rmit Licensor's qualified signal personnel to be present at such time to perform as Licensor so determines any test (including the evaluation thereof) to Licensor's signal communication equipment (equipment) located in the vicinity of Licensee's facili- ties. If, in Licensor's opinion, it is determined from such test that the operation of Licensee's facilities interferes with normal and required operation of Licensor's equipment, Licensee shall be obligated to de -energize its Licensor's equipment. Licensee shall .pay for all modifications to either its own facilities or to Licensor's equipment that are required to eliminate or mitigate all interference to Licensor's equipment. If said facilities or any portion thereof are underground, project markers in form and size satisfactory to Licensor identifying the facility and its owner will be installed and constantly maintain- ed by and at the expense of Licensee at Licensor's property lines or such locations as Licensor shall approve. Such markers shall be re- located upon, request of Licensor without expense to Licensor. 5. The rights herein granted are subject to the rights of Licensor (or anyone acting with the permission of Licensor) to construct, reconstruct, maintain and operate fiber optic and other telecommunications system (systems) in, upon, along, across and beneath the premises and right-of-ways of Licensor including the premises through which said facilities shall be constructed. Licensee agrees to reimburse Licensor and/or the owner of the system(s) for all expenses which either may incur which expenses would not have been incurred except by reason of the use of the premises by Licensee, its agents, employees or invitees including relocation costs or any damage incurred by such owner due to injury to the system(s). In addition to other provisions of this agreement requiring Licensee to give notice prior to commencing work, Licensee shall telephone Licensor at 1-800-283-4237 (a 24-hour number) to determine if a telecommunications system is buried anywhere on or about the premises defined or included herein. If it is, Licensee will tele- phone the owner of the systemdesignatedby Licensor, arrange for a cable locator and make arrangements for relocation or other.protec- tion for the ,system prior to beginning any work on the said premises. 6. Licensor.reserves the right, at any time or times that Licensor deems it necessary, to require Licensee, at Licensee's, expense, to reconstruct, alter or change the location of Licensee's facilities. Licensee shall keep Licensor's premises in a neat and safe condition, so far as affected by said facilities, keeping the track area and toe path clear of all obstructions including.but not limited to any holes, depressions or excavations of any sort.. Licensee agrees to reimburse Licensor for any expense incurred . by Licensor by reason of the construction, presence, maintenance, use or removal of said facilities on Licensor's premises 'including ex- pense arising from delays to engines, trains and/or Licensor's tracks. 7. Licensee agrees to and shall indemnify and hold harmless Licensor, its officers, agents, and employees from and against any and all claims, demands, losses, damages, causes of action, suits, and liabilities of every kind (including reasonable attorneys' fees, court costs, and other expenses related thereto) for injury to or death of a person or for loss of or damage to any property, arising out of or in connection with any work done, action taken or permitted by Licensee, its subcontractors, agents or employees under this agreement. It is the express intention of the parties hereto, both Licensee and Licensor, that the indemnity provided for in this paragraph indemnifies Licensor for its own negligence, whether that negligence is active or passive, or a concurring cause of the.injury', death or damage; provided that said indemnity shall not protect Licensor from liability for death, injury or damage arising out of the sole negligence or criminal actions of Licensor, its officers, agents.and employees. The term "Licensor" as used in this section shall include the successors, assigns and affiliated companies'of Licensor, and any other railroad.company.operating upon Licensor's tracks. B. This agreement may be terminated by -either party hereto by giving thirty (30) day's.notice in writing. to that effect to the other, and Licensee shall thereupon remove said facilities and any and all conductors, structures or other apparatus placed on Licen- sor's premises by virtue of this agreement and restore Licensor's premises to a condition satisfactory to Licensor, failing in which Licensor may perform such work at the expense of Licensee. 9. The rights and privileges herein given are personal to Licensee and as such Licensee shall not be permitted to assign the rights and privileges herein given, or any part thereof, without the previous written consent of Licensor. 10. No work on Licensor's premises shall be commenced by any contractor for Licensee until such contractor has entered into Licensor's standard Contractor's flight of Entry agreement covering such work. ; 11. Licensee shal'l,'at its expense, comply with all applicable laws, regulations, rule's and' -orders regardless of when they become or became effective, including without limitation those relating to health, safety, noise, environmental protection, waste disposal and water and air quality, and furnish satisfactory evidence of such compliance upon request of Licensor. Should any discharge, leakage, spillege,.emission or pollution of any type occur upon or arise from the premises.covered hereunder as a result of Licensee's use, presence, operations or exercise of the rightsgrantedhereunder, Licensee shall immediately notify Licensor and shall, at Licensee's expense, be obligated to clean all property affected thereby, whether owned or controlled by Licensor or any third person to the satisfaction of Licensor.(insofar as the property owned or controlled by Licensor is concerned) and any governmental body having jurisdiction in the matter. Licensor may, at its option, clean Licensor's premises; if Licensor elects to do so, Licensee shall pay Licensor the cost of such cleanup promptly upon the receipt of a bill therefor. Licensee agrees to investigate, release, indemnify and defend Licensor from and against all liabil- ity, cost and expense (including without limitation and fines, penalties, judgments, litigation costs and attorney fees) incurred by Licensor as a.result of Licensee's breach of this section, or as a result of any such discharge, leakage, spillage, emission or pollu- tion, regardless of whether such liability, cost or expense arises during the time this agreement is in effect or thereafter, unless such liability, cost or expense is.proximately caused solely and exclusively by the active negligence of Licensor, its officers, agents or employees. 12. Licensee shall pay all persons who perform labor on said premises for Licensee, and will not suffer any mechanics' or materialmen's liens to be enforced against Licensor's premises for work done or.materials furnished at Licensee's instance or request. If any such liens are filed thereon, Licensee agrees to remove the same at Licensee's own cost and expense and to pay any judgment which may be entered thereon or thereunder. Should the Licensee fail, neglect or refuse so to do, Licensor shall have the right to pay any amount required to release any such lien or liens, or to defend any action brought thereon, and to pay any judgment entered therein, and the Licensee shall be liable to the Licensor for all costs, damages, and reasonable attorney fees,.and any amounts expended in defending any proceedings or in the payment of any of said liens or any judgment obtained.therefor. IN WITNESS WHEREOF, the parties hereby have caused these presents to be -executed in duplicate the day and year first hereinabove written. WITNESSED BY: Approved as to Form: City Attorney . LICENSOR By J. W.,IVANUSICH, .MANAGER Agreements & Contracts LICENSEE IM ATTEST: CITY CLERK I COMMJNICATIDN IJNE CROSSING r-1 OVER YV UNDM POWER LINE CROSSING NIS ENCR. STATION OR MILE POST UIMAINI. CVC 1N DISTANCE ALONG TRACK SRO' AAILROAD SIRUCMRE ISEC x0.21 On CENSLMLINE OF FUBLIC STREET CAOSSINS. OQ NEW INSTALLATION C::3 IICCONOTOUC'110N J OPtx SL CIIOSSING --_ GENERAL: I INIFALLATI-JN SHALL CONFOHM 70 ALL APPLICN0.E ONUERI OF 10111"NNENIAL GOWCS. AND IN AOSCNCC N OE SUCH OIIOERS WITH THE CURRENT EDITION OF 154C NATIONAL CLECTDICAL SAFETY COVE. ✓P 2. DISTANCE FROM SOME WELL ESTASLIS.fOal RUCTURE SUM AS CULVERT. BRIDGE. ETC. 38—FT .. as'JEx � o S. ANGLE OF CRO551MG WITII. INACKS ..82......... —i0. �...�s� R. CONDUCTORS -LOADING DISTRICT fM.AfffCi...�3.�� MAX. OP RATING TEMP ........................................ ➢ppnpllG➢➢SRP 5 TYPE. NUMUER AND SIZE OF CONDUCTORS OR CABLES..X.IY/YLJ..... L.iZI...Z I1ZA...._...�...........-....... �pBB IOOBB�� ...._ .._.._..—._..__ _ _—.. S. VOLTAGE..... LINES 50........Pn VOLTS WHICH ARE WI....._............F TOO ND ... ,LLEL .0.............ACK T. ALL AM LINES EI�CATIONS WIRE A VOLTS WHICH APE OTHER RAILROAD OWN OF AND PARALLEL TO TEE TRACKS. ANAL AMU COMMUNICATIONS WIRE AND CHOLES. OR OTHER RAILROAD OWWEO CONDUCTORS FOR MORE THAN SO, FEET MUST COMPLY WITH THE REOWOEMENIS OF. SHEET 2 OF THIS FORK OVERHEAD STRUCTURES: B. POLE - LENGTH OVERALL. POLE 1 ............FT. POLE 2 .......... .FT. B. CIRCUMFERENCE OF TOP. POLE I ........... IN. 'POLE 2............. IN. I TOP MUST BE OVER 19• CTR. 1 10. LOCATION MTN REFERENCE TO RAILROAD RIGHT OF WAY INSIDE OF R.CF W. POLE I ........ FT. , OOLE L_...__FT. OUT110E OF R OF W. PAC I ....... FT. POLE 2._ ....... FT. I MST BE OFF R. OF W. IF PRACTICABLE 1 % ILPOLE BUTT -BELOW TOP OF RAIL. POLE 1 _..I..FT. POLE 2 .......FT. ABOVE TOP OF HAIL VOLE I ........FT. POLE 2 ........FT. DEPTH OF SETTING. POLE 1.._.FT. POLE 2.__FT. 1 DEPTH OF SETTING MOST NOT BE LESS THAN 5 FTAN SOIL I . 12 -FIXTURE - CROSS ARMS 1 MIST BE DOLIBLE 1 LENGTH • .....................WIDTH ...:.._........ DEPTH ------------ . G M MAKE ATO CATALOG N0. OF INSULATOR SUPPORTING CROSSING SPAN CONDUCTORS POLE1( OR EDUIV. 1.1 ........................................... POLE 2 L 61 EQUIV. 1 ...................... ........ ........ ...I...... E 11. SIZE OF GUY WIRE. POLE•I ..._..._....._.. HIND .........................J/. POLE 2................... KING ............................... IS. TYPE OF GUY ANCHORS: POLE I .- ............... .........._......... I. .. POLE 2 ...................................................... 16. MAKE AND CATALOG NII. OF GUY INSULATORS .. POLE 11 OR EDUIV. I.— ...:...................................... P E 2 1 OM1 EOVIV. 1................................................. IF LVPC OF BRACKET MUST BE DOUBLE I .......................... .. - ................................................................................ 1 FOR DUPLEX 1 INIPLEX 1 WIRES A SINGLE METAL. RACKET. ATTACHED TO TIME POLE BY 119 ON LONGER LAG SCR WS AMD CAPABLE OF WITHSTANDING TIE BREAKING STRENGTH OF THE WIVES MAY BE USED 1. IB, LESSENGER FO SUPPORTING CABLE. DIA ..:................................... STRENGTH ........................................ 19. CABLE - LENGTH OF CRO SING SPAN ...... .... ST. 20. HEIGHT ABOVE TOP OF RAIL .... ....... FT. FINAL SAC. NO WIND. 60 •F 21. HEIGHT ABOVE TOP OF RAIL ..........FT. FINAL SAG AT MAX.LOAD, HO WINO..... •F.......IN. RADIAL ICE THICKNESS. 22. , ACTUAL CLEARANCE ABOVE IOR BELOW) ANY WIRE ON R. OF W. ....,....IN. •UNDERGROUNII STRUCTURES: �``11 CWUFDNX,rM.V' Tp UL 6 P"NUC•FTIOM F Z3. TYPE OF RACEWAY 1 SEN. 10 MIN. 13".471. 1.AMElER .._........ WALL THICKNESS .............. LENGTH ...�'.�..1 TYPE OF CASING E C.S. 1111 MM 1 ........6.......... DIAMETER _.......... WALL THICKNESS ............... LEN6lN ...�........ 24. METHOD OF INSIALLATIOK 7DP TRACKS ... ....................... ... _.......... _._... ....... ............................................I........ - DRY BORING .... ............................I ......... I ........ ....... OR JACKING......................................................... I ........ .. 25. TOP OF RACEWAY OR CASING TO BASE OF RAIL TO BE A MINIMUM OF 12 INCHES, 26. UNDERGROUND CROSSING INSTALLATION MUST BE IN RACEWAY SCHEDULE 10 OR EQUIVALENT TO SMOOTH STEEL PIPE PER SOUTHERN PACIFIC COMMON STANDARD CS 1111 FOR NON-FLAMMABLE SUBSTANCES CROSSING UNDER TRACK. 27, PROJECT MARKERS SMALL BE INSTALLED AND MAINTAINED BY APPLICANT. RECOMMEND A PLASTIC BURIED UTILITY TAPE INDICATING TYPE OF UTILITY BE INSTALLED NOT LESS THAN 12• ABOVE THE UNDERGROUND INSTALLATION. ELECTRICAL. CONDUCTORS OPERATED AT A VOLTAGE IN EXCESS OF ISO VOLTS TO GROUND SMALL DE IN RACEWAY L 1 ACROSS ENTIRE RAILROAD RIGHT OF WAY FOR ELECTRICAL CONDUCTORS OPERATED AT A VOLTAGE IN EXCESS S OF 750 VOLTS, THIS RACEWAY SHALL BE EOUIVALENT TO RIGID STEEL CONDUIT SCHEDULE 90 1 MINIMUM L MOJL[T "1.11 REP'. FPR'NE..' L -I '— L] -P..lT'ul¢[ m09 FOR ,y�I1UN U GII......IMP. ; '�QPO;o➢1 PINIPPIL�➢➢L�SP��➢®➢nnpplppp�p� uotluIDne2 enaouoo e1lIIR12295O5Euaa1ID�IM➢eY � �f of nAu ➢IE a 1 j` GIo331K I o-' LSA PLAN OF CROSSING - K 3[.LE USE ONL S IATION NAME T.}1.l.IlL,.T/...1............. ROUTE NO. L-1:..............NP 14,1.0_ E. S...... _.T .e ii X. L BI . ..PNET ................ DIST.-A- VAIL. ISTrrVAL. SEC...... al..............511 .Z-. .. RELMIS NO. ..... ._........ NO. OF TRACKS CROSSED _5 ............ FIBER OPTIC INVOLVED. YES.... NO.... JOINT FACILITY LINE YES .._.NO ...... RAILROAD INSPE TION I REQUIRED .... . ...._.................. ESTIMATED COST ........... I..., I......... PHONC'CALL F-�O3RC �IINSP/UbON rpp L�J13...1 6.3 ...... LOS A114:76fiL.SS GC3 YPROVEO ASLL REGW'•LL E.G., DATE DRAWING NO. $MEET NO..., DATE ...........: CNECFED BTI SECTION A - A K WARE SOUTHERN PACIFIC TRANSPORTATION CO APPLIC]u1TlI.P.!� ..'.. �- �''P .�j1'T"' ST, LOUIS SOUTHWESTERN RY. CO. ADDRESS S:..f 4*fr9A7y7.!4..//✓4G,J,4G6 .46W.. CITY ..J�(X..G+-..,..,....••STATECA.....21P DATA REQUIRED FOR PROPOSED PIIOtE I ... .FZ/..... 1..!Q.:-�•IrG�.�O,%-�•%Q.'H?�.. COMMUNICATION OR POWER LINE 'CONTACT PERSON CROSSING OF RAILROAD RIGHT OF WAY FACILITY T.eL'fPf.F:l n..S/LIAINAI.GRFR'OAV:.. BIHLYIE4M[Stll�s PURPOSE "FORE THE PROPOSED POWER LIME IS PLACED IN SERVICE. THE VRCTS ON RAILWATIONS AMD SAT, MST Be EVALUATED, MITIGATION DESIGNED AND INSTALLED AND THE RESULTS EV . THE FIRST R STV IS TO PREDICT THE EFFECTS Of BOT" NLL LOAD AND FAULT CURRENTS ON EKI3TINo IG AL AND COMNIN- (CATION EQUIPMENT; AND TO DETERMINE WHAT PERSONNEL HAZARDS ARE POSED BY BOTH THE ELECTROMAGNETIC AID ELECTROSTATIC FIELDS. THE IWORNATIONREGUMED TO ASSIVE AT THESE PREDICATIONS K BELL M THE MEANS TO PERFORM THE CALCULATIONS ME AVAILABLE TO THE ELECTRIC UTILITY COMPNNCS. WITH THE SfECWIG PHYSIFJL INTERRELATIONSHIPS OF THE TRACKS. SIGNAL LINES, POMEIL LINES. AND OTHER CONDUCTORS. THE UTILITY SHOULD RUN THE EI`RI CORRIDOR • PROGRAM TO IDENTIFY THE INDUCED VOLTAGE] AND CURRENTS SO THAT THE MITIGATION CM BE TARGETED To TIE EWECTO) PROBLEM AREAS. TO ASSIST IN THIS MALY914 BY THE UTILITY, DRAWNG9 900MM LOCATION OF SIWI ANO COMMNIGATION9 EDUIPLENT. LINES. AND TRACH CRS RELATIVE TO RAILROAD MILEPOSTS ARE ATTACHED. GCE THE AREAS REOUIRINI WTIGT IM SRM IOEWTIFIEO AND THE IWORMATION IS FURNISHED TO SPT CO. By THE UTILITY COWANY. AN ESTIMATE O, We COSTS OF MITIGATION WILL BE PREPARED BY SPT CO. AMD A REIM- 91MS1RNS MMEEAEw FGW.AAMO TO THE POWER CMBAf FOR EXECUTION, IT SHOULD or NOTED THAT THE ABSENCE OF SIOILL EOUWMENT GOES NOT ALLEVIATE THE 1,I FOR MITIGATION SINCE THE RAILS THDISELVES ME RECTRICAM, ISOLATED Co"011CTORS. IN FACT. AN ISOLATED RRANCI LINE CM EASILY BE ELEVATED TO DAMGFRDUS VOLTAGE LEVELS 9Y COUPLET LINE CURRENTL UTENSIVE GROUND" WY 9E REQUIRED IN SUCI SITUATOIq ' THE UTILITY WILL Be OGECTED TO 9EM THE COST FOR MITIGATION AND THE RESPONSIBILITY OF MY LIT ATION THAT WY RETLT FROM A FAULTY OR HAZARDOUS CONDITION THAT IS THE RESULT OF THE MOPOSED FACILITY. «T«� ADDITIONAL COMMENTS «...w.._.._._..«...�..._...�...�.«... 4 OGRAM CORRIDOR 1 MORUMMEO IN FGTRAR 1977 1 AVAILABLE FROM THE ELECTRIC POWER RESEARCH INSTITUTE. PALO ALTO. CALIF. PROTECT 1902 MANAGER JD. CUNLAP. MORE NO. 44151 OSS -23M • SM. 2 Of 2 . E) APP'mLG S�4117 I us/1'rEP F . SOUTHERN PACIFIC TRANSPORTATION CO ST. LOUIS SOUTHWESTERN RY. CO. DATA REQUIRED FOR PROPOSED COMMUNICATION OR POWER LINE CROSSING OF RAILROAD RIGHT OF WAY