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HomeMy WebLinkAboutMetropolitan Transit System and San Diego and Arizona Eastern Railway Company 2015MTS Doc. No. S200-15-623 METROPOLITAN TRANSIT SYSTEM AND SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY DURABLE RIGHT OF ENTRY PERMIT (Graffiti Maintenance) 1. Permission is hereby granted by the San Diego Metropolitan Transit System (MTS), a California Public Agency, and/or the San Diego and Arizona Eastem Railway Company, Inc. (SD&AE) (hereinafter called "MTS"), to the City of National City, a political subdivision of the State of California, (hereinafter called the "City") to enter upon MTS and/or SD&AE property in the City of National City for the purposes of improving infrastructure maintaining graffiti under the general responsibility of the City (the "Infrastructure Work"). This permission is granted with the understanding that the City agrees to release MTS, 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 City's operations under this agreement. Furthermore, City agrees to assume responsibility for any damages caused by reason of City's operations under this agreement and will, at SD&AE's and/or MTS's option, either repair or pay for such damage. 2. Prior to beginning work, City shall have provided MTS with satisfactory certification by a properly qualified representative of the Insurer(s) that the City's insurance complies with this section. City shall include the MTS Document number and/or brief description of project including type of graffiti maintenance and location on all insurance -related correspondence, i.e., the insurance certificate and or evidence of self insurance statement. All policies required shall be issued by companies who are licensed to do business in the State of Califomia and hold a current policyholder's alphabetic and financial -size category rating of not less than A -VI, in accordance with A.M. Best. A. COVERAGE REQUIRED - ALL PERMITS (1) Liability (a) Commercial General Liability. At all times during this contract and, with respect to Products and Completed Operations Liability, for 12 months following the acceptance of the work by MTS, City agrees to maintain Commercial General Liability Insurance for bodily injury and property damage in an occurrence form and with insurance companies acceptable to MTS. Commercial General Liability Insurance must include coverage for the following: • Premises/Operations Liability • Per Project Aggregate • Products/Completed Operations Liability • No Explosion, Collapse, and Underground (XCU) exclusion • Contractual Liability, with respect to this agreement • Personal Injury Liability • Broad Form Property Damage • Independent Contractors All such policies shall name in the endorsement as additional insureds the following entities including their directors, officers, agents, and employees as their interests may appear: • San Diego Metropolitan Transit System (MTS), • San Diego Trolley, Inc. (SDTI), • San Diego Vintage Trolley, Inc. (SDVTI) • San Diego and Arizona Eastern Railway (SD&AE), • San Diego and Imperial Valley Railroad (SD&1V), and • San Diego Transit Corporation (SDTC) (b) Automobile Liability. At all times during this contract, City agrees to maintain Automobile Liability Insurance for bodily injury and property damage including coverage for all owned, nonowned, and hired vehicles, (c) Workers' Compensation/Employer Liability. At all times during this contract, City agrees to maintain Workers' Compensation and Employers' Liability Insurance in compliance with the applicable statutory requirements. B. ADDITIONAL COVERAGES REQUIRED (AS INDICATED) lJ (1) Railroad Protective or Equivalent Self Insured REQUIRED Any exclusions relating to performance of operations within the vicinity of any railroad, bridge, trestle, track, roadbed, tunnel, underpass, or crossing must be deleted from all policies by endorsement (Option: purchase separate Railroad Protective Liability Policy as required or deemed necessary by MTS.) ❑ (2) Pollution Liability REQUIRED At all times during this contract, and for 24 months following, City agrees to maintain Pollution Legal Liability Insurance with respect to services or operations under this agreement. The extended discovery period must be no less than 24 months. El(3) Primary and Non -Contributory Insurance REQUIRED City agrees that all general liability coverages required under this insurance section are PRIMARY insurance and that any insurance of MTS, SDTI, SDVTI, SD&AE, SD&IV, and SDTC shall be excess and noncontributory (endorsement required). -2- S200-15-623 C. MINIMUM POLICY LIMITS REQUIRED Commercial General Liability (Per Occurrence) General Aggregate Completed Operations & Products Aggregate Automobile Liability Worker's Compensation Employer's Liability Combined Single Limit (CSL) $1,000,000 $2,000,000 $2,000,000 $1,000,000 $1,000,000 Additional Coverages (as indicated under Section B, Additional Coverages Required): ❑ B (1) Commercial General Liability Contractual Liability— Railroad Endorsement ❑ B (1) Railroad Protective ❑ B (2) Pollution Liability D. POLICY PROVISION REQUIRED $2,000,000 $ All policies and coverages shall contain a provision for 30 days written notice by the Insurer(s) to MTS Contracts Specialist of any cancellation or material reduction of coverage. A ten-day notice is required for non-payment of premium. E. SPECIAL PROVISIONS The foregoing requirements as to the types and limits of insurance coverage to be maintained by City, and any approval of said insurance by MTS, SDTI, SDVTI, SD&AE, SD&IV, and SDTC, or their insurance Contractor(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by City pursuant to this agreement, including but not limited to the provisions concerning indemnification. Satisfactory evidence of self insurance provided to MTS by the City. Further proof of insurance is not required unless changes have been made to City's insurance status as set forth in that certificate dated June 16, 2015 to MTS. MTS reserves the right to stop City work in the event of material noncompliance with the insurance requirements outlined above. 3. City shall at all times, defend, indemnify, and save harmless MTS against, and pay in full, all loss, damage, or expense, including attorney's fees, that MTS may sustain, incur, or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of City's facilities and all necessary and proper fixtures and equipment for use in connection therewith, including any such loss, damage, or expense arising out of (a) loss of or damage to property and (b) injury to or death of persons, excepting any loss, damage, or expense and claims for loss, damage, or expense resulting from the negligence or willful act of MTS, its contractors, officers, agents, or employees. -3- S200-15-623 4. The following condition(s) apply to all work: A. City agrees to coordinate on a daily basis a reasonable access to all MTS/SD&AE facilities with contract operators, SDTI, and SD&IV. Trolley operations are generally from the hours of 4:00 a.m. to 2:00 a.m. the following day. SD&IV freight trains operate during trolley non -operating hours. B. City agrees to restore all facilities, improvements, landscaping, etc., to their original condition by the completion of work. City shall remove all of City's tools, equipment, and materials from railroad premises promptly upon completion of work, restoring railroad premises to the same state and condition as when City entered thereon. C. City agrees that no work by itself or its authorized agent will interfere with Railroad/Trolley operations. D. In each instance where Infrastructure Work will be on MTS/SD&AE property, City shall notify MTS Right of Way Engineer Tel (619) 557-4501 and email: mtsrowAsdmts.com at least five (5) business days prior to the date to start work to arrange preconstruction meeting to review procedures and possible facility conflicts in the vicinity of the proposed work. No work shall begin without holding the preconstruction meeting and approved work plan. E. City shall obtain approval from MTS/SDTI upon completion of work that all facilities have been restored to original or better condition. City shall submit in writing a notice of completion of work when work is completed. F. City shall maintain, at City's expense, competent flagmen to protect and control movement of vehicles, pedestrians and equipment of City while upon MTS's premises. Work that involves personnel or equipment within 15 feet of any active track, or as deemed necessary by SDTI's Superintendent of Maintenance of Way, must have an SDTI supplied flagperson for the duration of the work. The attached SDTI Flagperson/Right-of-Way Work Request form must be submitted to SDTI a minimum of three (3) business days prior to the beginning of work. G. City shall not store equipment, tools, and materials within 15 feet from any operable track. No vehicular crossing over MTS tracks shall be installed or used by City without prior written permission of MTS. H. City shall reimburse MTS upon request for all cost and expense incurred by MTS, within thirty days of invoice, in connection with said work, including without limitation the expense of furnishing such inspectors, watchmen, and flagmen as MTS deems necessary, and restoration of MTS's property to the same condition as when City entered thereon, or a condition satisfactory to MTS. City shall perform all work in accordance with applicable MTS LRT Design Criteria Califomia Public Utilities Commission, OSHA regulations and American Railway Engineering and Maintenance of Way Association (AREMA) recommended practices and MTS safety policies. A power shutdown may be necessary for the work. City shall submit the attached SDTI Red Tag/Clearance Request form to SDTI at least three (3) business days prior to the start of work. Power shutdowns shall only be allowed during non -operating Trolley hours. -4- S200-15-623 K. City shall maintain safe pedestrian access to all trolley platforms and bus stops at all times. A minimum five -foot -wide accessible pedestrian path through the construction site shall be maintained at all times. The construction boundary shall consist of a top and bottom rail constructed of plastic pipe, OSHA plastic mesh, or approved equal. Yellow caution tape is not acceptable. L. City shall maintain a copy of the executed right of entry permit at the site during this work. M. City shall contact Dig -Alert at (800) 422-4133 and Cable Pipe and Leak ("CPL") at (619) 873-1530 prior to any excavation in the Right -of -Way. SDTI personnel shall accompany CPL for any markout of Trolley facilities. N. This Permit applies only to work such as graffiti maintenance work performed by employees of City that does not require engineering review. If Infrastructure Work modifies previous installed facilities or adds additional facilities. Property entitlement agreements may be required and would be authorized by separate agreements. Other work, such as capital improvements requiring engineering review, or work performed by any contractor of the City, shall require a separate permit application, insurance coverages and required cost recovery based on current MTS Policy. O. City shall deposit with MTS the sum of zero dollars ($0.00.) representing durable permit fee in connection with said work, excluding additional costs incurred per Sections H, M and N. permit application and will require cost recovery based on current MTS Policy. -5- S200-15-623 5. This permission shall remain in force until terminated by MTS with 30 day advance notice to City. METROPOLITAN TRANSIT SYSTEM CITY OF ► • TIONAL CITY Chief Executive Officer Date: 2,L �.i Approved as to form: Metropolitan Transit System By: of General Counsel Signature Name: Title: Date: By: r Attachment(s): SDTI Flagperson Request Form; SDTI Red Tag Request Form cc: Wayne Terry, SDTI; Tim Allison, MTS; Matt Domen, SDIV -6- S200-15-623 yJt11„, RAIL San Diego Trolley, Inc. FLAGPERSON / RIGHT-OF-WAY WORK REQUEST Complete form and email to: FlagRequest@sdmts.com Work which involves personnel or equipment within 15 feet of the nearest rail of any active track must have SDTI supplied flagpersons for the duration of the work. Cost of flagpersons shall be borne by the party requesting the work. The requester will be responsible to contact SDTI Assignment Office at 619.595.4956 no later than 24 hours prior to beginning of work for all cancellations and may be subject to SDTI labor reporting costs incurred in failure to do so. For further questions call 619.595.4907 or 619.595.4945. All work crew personnel entering within MTS Right of Way limits must have a valid MTS Roadway Worker Safety Program Certification. Company to be billed: Billing Address: MTS (City of National City Graffiti Removal Support) ROE Permit MTS Doc Number: S200-15-623 CIP/JOC# (if app): N/A The requesting party must obtain a valid Right of Entry permit from MTS and attach a copy of the permit with any submitted work request form. Depending on the nature of the work, SDTI may request a meeting with the requestor prior to approving the work request. This Work Request form MUST BE FILLED OUT COMPLETELY AND RETURNED TO SDTI A MINIMUM OF 3 BUSINESS DAYS PRIOR TO THE BEGINNING OF THE WORK. If power removal is necessary for work a separate RED TAG/CLEARANCE REQUEST form must be submitted. Name of requestor: Company at work site: Business address: Location of work: Description of work: Type of equipment used: Supervisor at work site: Date: Phone: Phone: Number of Flagpersons requested: Number of Watchpersons/Lookouts requested: 1 Day: Sun Mon Tue Wed Thu Fri Sat Date Start Time: End Time: Work located next to: Both Main Tracks Eastward Main (Outbound) Westward Main (Inbound) WORK CREW PROTECTION REQUIRED: ADVISORY: Work activity will occur 1) solely on station platforms or, 2) on SDTI Right -of -Way but men and equipment will remain more than ten (10) feet from the nearest rail of any active track at all times. PROTECTION: Sufficient clearance exists for the safe movement of personnel and equipment; train approach visibility exists to ensure train and work crew safety; a Right -of -Way Work Request Form is submitted to request a Watchperson/Lookout and an ADVISORY notice on the Train Operating Clearance. RESTRICTION: Work activity will occur or have the potential to foul within ten (10) feet from the nearest rail of any active track and be protected by flagperson(s) and slow zone with entrance/exit discs. PROTECTION: Train speed must be restricted due to work site conditions; limited clearance for the safe movement of personnel and equipment; train approach visibility is limited; a Right -of -Way Work Request Form is submitted to request a Watchperson/Lookout, Flagperson(s) and a slow order (TEMPORARY RESTRICTION) on the Train Operating Clearance. SDTI USE ONLY Flagperson assigned & report time Rev. 02/2015 Received by: Date: RESOLUTION NO. 2015 — 103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A DURABLE RIGHT OF ENTRY PERMIT WITH SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND THE SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY FOR THE MAINTENANCE AND REMOVAL OF GRAFFITI WHEREAS, National City graffiti abatement technicians routinely access areas near the trolley for graffiti removal, and this permit is required for right of way access; and WHEREAS, the San Diego Metropolitan Transit System and San Diego & Arizona Eastern Railway Company require the City of National City to execute a Durable Right of Entry Permit for the maintenance and removal of graffiti. WHEREAS, the Permit contains indemnity provisions in which the City of National City agrees to release MTS, SD&AE, and its contract operator(s) San Diego Trolley, Inc., and San Diego and Imperial Valley Railroad from any liability arising out of the City's operations under the Permit; and WHEREAS, the City also agrees to assume responsibility for any damages caused by reason of City's operations under the permit and will, at SD&AE's and/or MTS's option, either repair of pay for such damage. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Durable Right of Entry Permit with San Diego Metropolitan Transit System and the San Diego & Arizona Eastern Railway Company for the removal of graffiti. PASSED and ADOPTED this 16th day of June, 201 ATTEST: a., Michael R. Dalla, Cit Clerk /v16 APPROVED AS TO FOR dia Gacitua Silva C. Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on June 16, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ',„e:e46.1" CI rk of the City of N tional City , California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-103 of the City of National City, California, passed and adopted by the Council of said City on June 16, 2015. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT waO\5—aa MEETING DATE: June 16, 2015 AGENDA ITEM NO.32 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Durable Right of Entry Permit with San Diego Metropolitan Transit System (MTS) and San Diego and Arizona Eastern Railway Company (SD&AE) for the maintenance and removal of graffiti. PREPARED BY: Armando Vergara PHONE: (619) 336-4364 EXPLANATION: The San Diego Metropolitan Transit System and San Diego & Arizona Eastern Railway Company has requested that the City of National City execute a Durable Right of Entry Permit for any purposes of improving infrastructure and graffiti maintenance. National City graffiti abatement technicians routinely access areas near the trolley for graffiti removal and this permit has now been required for right of way access along with our request for continued MTS flagger service. This permit contains indemnity provisions in which the City of National City requires a resolution. DEPARTMENT: NeigJ b ood Services Department APPROVED BY: City Graffiti Abatement staff have also completed a required safety training course to operate in conjunction with this permit and we will continue to coordinate all access request with MTS/SD&AE. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the Mayor to execute the permit BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. (MTS and SD&AE) Right of Entry Permit MTS Doc. No. S200-15-623 METROPOLITAN TRANSIT SYSTEM AND SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY DURABLE RIGHT OF ENTRY PERMIT (Graffiti Maintenance) 1. Permission is hereby granted by the San Diego Metropolitan Transit System (MTS), a California Public Agency, and/or the San Diego and Arizona Eastern Railway Company, Inc. (SD&AE) (hereinafter called "MTS"), to the City of National City, a political subdivision of the State of California, (hereinafter called the "City") to enter upon MTS and/or SD&AE property in the City of National City for the purposes of improving infrastructure maintaining graffiti under the general responsibility of the City (the "Infrastructure Work"). This permission is granted with the understanding that the City agrees to release MTS, 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 City's operations under this agreement. Furthermore, City agrees to assume responsibility for any damages caused by reason of City's operations under this agreement and will, at SD&AE's and/or MTS's option, either repair or pay for such damage. 2. Prior to beginning work, City shall have provided MTS with satisfactory certification by a properly qualified representative of the Insurer(s) that the City's insurance complies with this section. City shall include the MTS Document number and/or brief description of project including type of graffiti maintenance and location on all insurance -related correspondence, i.e., the insurance certificate and or evidence of self insurance statement. All policies required shall be issued by companies who are licensed to do business in the State of California and hold a current policyholder's alphabetic and financial -size category rating of not less than A -VI, in accordance with A.M. Best. A. COVERAGE REQUIRED - ALL PERMITS (1) Liability (a) Commercial General Liability. At all times during this contract and, with respect to Products and Completed Operations Liability, for 12 months following the acceptance of the work by MTS, City agrees to maintain Commercial General Liability Insurance for bodily injury and property damage in an occurrence form and with insurance companies acceptable to MTS. Commercial General Liability Insurance must include coverage for the following: • Premises/Operations Liability • Per Project Aggregate • Products/Completed Operations Liability • No Explosion, Collapse, and Underground (XCU) exclusion • Contractual Liability, with respect to this agreement • Personal Injury Liability • Broad Form Property Damage • Independent Contractors All such policies shall name in the endorsement as additional insureds the following entities including their directors, officers, agents, and employees as their interests may appear: • San Diego Metropolitan Transit System (MTS), • San Diego Trolley, Inc. (SDTI), • San Diego Vintage Trolley, Inc. (SDVT1) • San Diego and Arizona Eastern Railway (SD&AE), • San Diego and Imperial Valley Railroad (SD&IV), and • San Diego Transit Corporation (SDTC) (b) Automobile Liability. At all times during this contract, City agrees to maintain Automobile Liability Insurance for bodily injury and property damage including coverage for all owned, nonowned, and hired vehicles. (c) Workers' Compensation/Employer Liability. At all times during this contract, City agrees to maintain Workers' Compensation and Employers' Liability Insurance in compliance with the applicable statutory requirements. B. ADDITIONAL COVERAGES REQUIRED (AS INDICATED) Er(1) Railroad Protective or Equivalent Self Insured REQUIRED Any exclusions relating to performance of operations within the vicinity of any railroad, bridge, trestle, track, roadbed, tunnel, underpass, or crossing must be deleted from all policies by endorsement (Option: purchase separate Railroad Protective Liability Policy as required or deemed necessary by MTS.) ❑ (2) Pollution Liability REQUIRED At all times during this contract, and for 24 months following, City agrees to maintain Pollution Legal Liability Insurance with respect to services or operations under this agreement. The extended discovery period must be no Tess than 24 months. El(3) Primary and Non -Contributory Insurance REQUIRED City agrees that all general liability coverages required under this insurance section are PRIMARY insurance and that any insurance of MTS, SDTI, SDVTI, SD&AE, SD&IV, and SDTC shall be excess and noncontributory (endorsement required). -2- S200-15-623 C. MINIMUM POLICY LIMITS REQUIRED Commercial General Liability (Per Occurrence) General Aggregate Completed Operations & Products Aggregate Automobile Liability Worker's Compensation Employer's Liability Combined Single Limit (CSL) $1,000,000 $2,000,000 $2,000,000 $1,000,000 $1.000,000 Additional Coverages (as indicated under Section B, Additional Coverages Required): B (1) Commercial General Liability Contractual Liability — Railroad Endorsement B (1) Railroad Protective $2,000,000 B (2) Pollution Liability $ D. POLICY PROVISION REQUIRED All policies and coverages shall contain a provision for 30 days written notice by the Insurer(s) to MTS Contracts Specialist of any cancellation or material reduction of coverage. A ten-day notice is required for non-payment of premium. E. SPECIAL PROVISIONS The foregoing requirements as to the types and limits of insurance coverage to be maintained by City, and any approval of said insurance by MTS, SDTI, SDVTI, SD&AE, SD&IV, and SDTC, or their insurance Contractor(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by City pursuant to this agreement, including but not limited to the provisions concerning indemnification. Satisfactory evidence of self insurance provided to MTS by the City. Further proof of insurance is not required unless changes have been made to City's insurance status as set forth in that certificate dated , 2015 to MTS. MTS reserves the right to stop City work in the event of material noncompliance with the insurance requirements outlined above. 3. City shall at all times, defend, indemnify, and save harmless MTS against, and pay in full, all loss, damage, or expense, including attorney's fees, that MTS may sustain, incur, or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of City's facilities and all necessary and proper fixtures and equipment for use in connection therewith, including any such loss, damage, or expense arising out of (a) loss of or damage to property and (b) injury to or death of persons, excepting any loss, damage, or expense and claims for Toss, damage, or expense resulting from the negligence or willful act of MTS, its contractors, officers, agents, or employees. -3- S200-15-623 4. The following condition(s) apply to all work: A. City agrees to coordinate on a daily basis a reasonable access to all MTS/SD&AE facilities with contract operators, SDTI, and SD&IV. Trolley operations are generally from the hours of 4:00 a.m. to 2:00 a.m. the following day. SD&IV freight trains operate during trolley non -operating hours. B. City agrees to restore all facilities, improvements, landscaping, etc., to their original condition by the completion of work. City shall remove all of City's tools, equipment, and materials from railroad premises promptly upon completion of work, restoring railroad premises to the same state and condition as when City entered thereon. C, City agrees that no work by itself or its authorized agent will interfere with Railroad/Trolley operations. D. In each instance where Infrastructure Work will be on MTS/SD&AE property, City shall notify MTS Right of Way Engineer Tel (619) 557-4501 and email: mtsraw( sdmts.com at least five (5) business days prior to the date to start work to arrange preconstruction meeting to review procedures and possible facility conflicts in the vicinity of the proposed work. No work shall begin without holding the preconstruction meeting and approved work plan. E. City shall obtain approval from MTS/SDTI upon completion of work that all facilities have been restored to original or better condition. City shall submit in writing a notice of completion of work when work is completed. F. City shall maintain, at City's expense, competent flagmen to protect and control movement of vehicles, pedestrians and equipment of City while upon MTS's premises. Work that involves personnel or equipment within 15 feet of any active track, or as deemed necessary by SDTI's Superintendent of Maintenance of Way, must have an SDTI supplied fagperson for the duration of the work. The attached SDTI Flagperson/Right-of-Way Work Request form must be submitted to SDTI a minimum of three (3) business days prior to the beginning of work. G. City shall not store equipment, tools, and materials within 15 feet from any operable track. No vehicular crossing over MTS tracks shall be installed or used by City without prior written permission of MTS. H. City shall reimburse MTS upon request for all cost and expense incurred by MTS, within thirty days of invoice, in connection with said work, including without limitation the expense of furnishing such inspectors, watchmen, and flagmen as MTS deems necessary, and restoration of MTS's property to the same condition as when City entered thereon, or a condition satisfactory to MTS. City shall perform all work in accordance with applicable MTS LRT Design Criteria California Public Utilities Commission, OSHA regulations and American Railway Engineering and Maintenance of Way Association (AREMA) recommended practices and MTS safety policies. A power shutdown may be necessary for the work. City shall submit the attached SDTI Red Tag/Clearance Request form to SDTI at least three (3) business days prior to the start of work. Power shutdowns shall only be allowed during non -operating Trolley hours. -4- S200-15-623 K. City shall maintain safe pedestrian access to all trolley platforms and bus stops at all times. A minimum five -foot -wide accessible pedestrian path through the construction site shall be maintained at all times. The construction boundary shall consist of a top and bottom rail constructed of plastic pipe, OSHA plastic mesh, or approved equal. Yellow caution tape is not acceptable. L. City shall maintain a copy of the executed right of entry permit at the site during this work. City shall contact Dig -Alert at (800) 422-4133 and Cable Pipe and Leak ("CPL") at (619) 873-1530 prior to any excavation in the Right -of -Way. SDTI personnel shall accompany CPL for any markout of Trolley facilities. This Permit applies only to work such as graffiti maintenance work performed by employees of City that does not require engineering review. If Infrastructure Work modifies previous installed facilities or adds additional facilities. Property entitlement agreements may be required and would be authorized by separate agreements. Other work, such as capital improvements requiring engineering review, or work performed by any contractor of the City, shall require a separate permit application, insurance coverages and required cost recovery based on current MTS Policy. City shall deposit with MTS the sum of zero dollars ($0.00.) representing durable permit fee in connection with said work, excluding additional costs incurred per Sections H, M and N. permit application and will require cost recovery based on current MTS Policy. -5- S200-15-623 5. This permission shall remain in force until terminated by MTS with 30 day advance notice to City. METROPOLITAN TRANSIT SYSTEM CITY OF NATIONAL CITY Paul C. Jablonski Chief Executive Officer Signature Name: Title: Date: Date: Approved as to form: Metropolitan Transit System By: By: Office of General Counsel City Attorney Attachment(s): SDTI Flagperson Request Form; SDTI Red Tag Request Form cc: Wayne Terry, SDTI; Tim Allison, MTS; Matt Domen, SDIV -6- S200-15-623 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A DURABLE RIGHT OF ENTRY PERMIT WITH SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND THE SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY FOR THE MAINTENANCE AND REMOVAL OF GRAFFITI WHEREAS, National City graffiti abatement technicians routinely access areas near the trolley for graffiti removal, and this permit is required for right of way access; and WHEREAS, the San Diego Metropolitan Transit System and San Diego & Arizona Eastern Railway Company require the City of National City to execute a Durable Right of Entry Permit for the maintenance and removal of graffiti. WHEREAS, the Permit contains indemnity provisions in which the City of National City agrees to release MTS, SD&AE, and its contract operator(s) San Diego Trolley, Inc., and San Diego and Imperial Valley Railroad from any liability arising out of the City's operations under the Permit; and WHEREAS, the City also agrees to assume responsibility for any damages caused by reason of City's operations under the permit and will, at SD&AE's and/or MTS's option, either repair of pay for such damage. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Durable Right of Entry Permit with San Diego Metropolitan Transit System and the San Diego & Arizona Eastern Railway Company for the removal of graffiti. PASSED and ADOPTED this 16th day of June, 2015. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 1"\\�� Metropolitan Transit System I••. _ 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101 Tel 619.231.1466 Fax 619.234.3407 June 29, 2015 Michael R. Dalla, City Clerk City of National City 1243 National City Blvd. National City CA 91950 Subject: S200-15-623 Durable ROE Permit — Graffiti Removal Maintenance Dear Mr. Dalla: Enclosed please find the fully -executed subject permit. If you have any questions, please contact Judy Banister at judy.banister@sdmts.com. Sincerely, Antonio Monreal Contract Specialist Metropolitan Transit System (MTS) is comprised of the Metropolitan Transit Development Board (MTDB) a California public agency. San Diego Transit Corp., and San Diego Trolley. Inc., in cooperation with Chula Vista Transit and National City Transit. MTS is Taxicab Administrator for eight cities. MTDB is owner of the San Diego and Arizona Eastern Railway Company. MTDB Member Agencies include: City of Chula Vista. City of Coronado; City of El Cajon, City of Imperial Beach, City of La Mesa. City of Lemon Grove, City of National City, City of Poway, City of San Diego, City of Santee, and the County of San Diego.