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Home My WebLink About18.7.4 S.Fe Pac. Prtnrs Permit Cicty of Fontana LIFORNIA FAX COMMUNICATIONS FROM FAX NUMBER (909) 350-6618 PLEASE DELIVER THE FOLLOWING PAGES TO: Company: c~. F', P. P. } L. ~ Name: (4E0¢~ ~ Fax Number: ~-J'~])4eord"i~affO Phone Number:(, From: h'l I e_-~AcE L_ A L'Turc~. Phone Number: q0cl -%50 Total Number of Pages: 2~ Date: l0 -21 _c~ ~ Time: c~ ,. 40 ~.q (including cover sheet) Message: ATTAC~F_ b ~_,XC~!~,p'T r~ ~Ju're S OF 5~owl~JG '7?4~'7 q'~J~ PLI2ASI~ P-,ar'X' %0~V, TPn~(~ ~ ~H~'~G "Tt-.~7 Yout'L IA~vo~e-i~/~. 'PH-E .h--/M/44__ /Ivv~/cE cc: X CHARGE IS: 83.00 1ST PAGE (EXCLUDING COVER SHEET) 81.50 T . R. PLEASE CHECK PAYABLE TO THE CITY OF FO IN THE AMOUNT OF PLEASE MAIL TO: CI ONTANA, OX 518, FONTANA, CA 92334 " Address NOTE: Please return this cover sheet with Payment (Account No. 010-0316-2300) 8353 SIERRA AVENUE (P,O. 8OX 518) · FONTANA CALIFORNIA 92334"O518 · (714) 350-7800 SISTER CITY -- KAMLOOPS, RC. CANADA City of Fontana CALIFORNIA October 20, 1993 EXCERPT OF THE UNOFFICIAL AND NOT YET APPROVED MINUTES OF THE OCTOBER 19, 1993 REGULAR FONTANA CITY COUNCIL MEETING: "Motion made by Council Member Watson, seconded by Council Member Eshleman to: (1) Accept as complete the work performed by Kenko, Inc., dba McGrand and Associates, for the construction of the Cypress Avenue sewer from San Bernardino Avenue to Jurupa Avenue; and to authorize the City Engineer to execute and file the Notice of Completions. (2) Approve the final construction contract amount of $1,562,238.30, including an original construction contract award amount of $1,578,632 and a total contract deduct change order amount of ($16,393.70)(-1.04%) with Kenko, Inc., dba McGrand and Associates for the construction of the sewer improvements for Cypress Avenue from San Bernardino Avenue to Jurupa Avenue. (3) Adopt Resolution No. 93-122, accepting the sewers in Cypress Avenue from Jurupa Avenue, Sewer Station 90+05.00 to San Bernardino Avenue, sewer Station 9+93.54 (City Drawing No. 1933, Sheets I through S and City Drawing No. 2042, Sheets 1 through 9) as part of the city sewer system. Motion carried by a vote of 5-0. AYES: Mayor Boyles, Mayor Pro Tem Roberrs, Council Members Coleman, Eshleman, Watson. NOES: None ABSENT: None" Linda S. Nunn, CMC Deputy City Clerk LSN:vm 8353 SIERRAAVENUE(P.O. BOX518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA ~ recycled paper ~0/25/8~ ~4:48 ~'2Z5 4~' .7T24 5,a,_,T~A PE PAC PL SANTA FE PAC'rFIC P:I:IsELa:NES lOS ~GE~S~ ~FO~IA F~ M~na~ (2~3) 486-7724 ~on~a~ion~ (~13) 486-7?23 NUMBER OF PAGES - COVIZR PLUSI / ..... $PECIAL ZNS~I{UC"~ZONS: 10/28/93 14:41 ~"213 4~ 1t24 SANT& FE P&C PL ~002/002 25, 1993 ENG 12-I (RCI,,I 46988) Mr. Wayne Brown Community Developmotor Deparlment Engineering Division City of Font~-~ P.O. Box S 18 Fontshe, CA 92334-0518' Dear Mr. Brown: This is in reply to your ~quest for a sign-off on the Cypress Avenue Sewer Construction Project on Cypress Avenue Between ~rurupa Avenue and San Bernardiuo Avenue. SFPP, L.P.'s Area Supez~soro Mr. IL E. York, has confirmed that this lm3ject Ms been completed to the satisfaction of SFPP, L,P. We appreciate your cooperation in protecting SFPP'S fiicilities during this construction activity. Sincerely, ~0/28/93 15150 DIETERIo"-POBT 1-818-282-45~~ p.001 DIETERICH-POST COMPANY I 3000 EXECUTIVE PARKWAY 616 MONTEREY PASS ROAD SUITE 440 P.O. BOX 155 SAN RAMON, CA 94583-5412 MONTEREY PARK, CA 91754-0155 FAX# (800) 688-3729 QUOTE****** # 207826 * PLEASE REFERENCE THIS QUOTE NUMBER WHEN ORDERING * OCTOBER 28, 1993 CITY OF FONTANA ATTNI HARRY CBILDRESS 8353 SIERRA AVE. FONTANA CA 92335-3598 LN QTY U/M DESCRIPTION PRICE U/M TOTAL 01 i PKG 64NDW-01E DISP PLOT PEN BLK-4 22.10 PKG 22.10 02 2 PKG 64NDW-01F DISP PLOT PEN BLK-4 19.50 PKG 39.00 03 3 PKG 64NDW-01M DISP PLOT PEN BLK-4 19.50 PKG 58.50 04 2 PKG 64NDW-01B DISP PLOT PEN BLK-4 19.50 PKG 39.00 05 1 PKG 64MDW-51E DISP FILM PEN BLK-4 33.80 PKG 33.80 06 2 PKG 64MDW-51F DISP FILM PEN BLK-4 31.20 PKG 62.40 C.= 3 PKG 64MDW-51M DISP FILM PEN BLK-4 31.20 PKG 93.60 0 2 PKG 64MDW-51B DISP FILM PEN BLK-4 31.20 PKG 62.40 0 1 PKG CAL COMP PREMVLM 24X36 100PK 58.80 PKG 58.80 1' 68 YDS 3MIL DOUBLE MATTE FILM 36" 2.25 YD 153.00 CUT TO EQUAL 100 8BEETS OF 24X36 This Quotation Is Firm Untill OCTOBER 28, 1993 Estimated Delivery From Receipt of Orderl 2 TO 3 DAY8 Salemman2 Larry Abr~] Estimated Delivery Ff%~;Receipt of Order~ 2 TO 3 US Salesman~ Larry Abril F.O.B. MONTEREY PARK Termsx NET 30 DAYS Plus Applicable Sales Tax ,~ THE TERMS & CONDITIONS SALE APPEAR ON OUR NFIRMINGQUOTATION AND AE APPLICABLE. *** THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL S:NDER AT (800) 955-3729: Santa Fe Pacific peline Partners, L.P. 888 South Figueroa Street, Los Angeles, California 90017 ~ .... ~ 213/486-7780 FAX213/486-7724 Santa Fe Pacific Pipelines, Inc. JUL ' I 1993 SFPP, ~..P. June 25, 1993 Pipexine Sngi~eering ENG 12-1 (KCN Mr. Wayne Brown Communi~ Development Depm Engineerin~ Division City of Fontaria P.O. Box 5 18 Fontaria, CA 923~-0518 Dear Mr. Brown: This is in reply to your request for 'a sign-off on the Cypress Avenue Sewer Construction Project on Cypress Avenue Between Jurupa Avenue and San Bemardino Avenue. SFPP, L.P.'s Area Supervisor, Mr. R. E. York,'has confirmed that this project has been completed to the satisfaction of SFPP, L.P. We appreciate your cooperation in protecting SFPP'S facilities during this construction activity. Sincerely, GTR/rmm City of Fontana CALIFORNIA FAX COMMUNICATIONS FROM FAX NUMBER (909) 350-6618 PLEASE DELIVER THE FOLLOWING PAGES TO: Fax Num~:rT ~ - ~ ~ ~ Phone Number: Total Number of Pages: Date: Time: (including cover sheet) Message: CC: FAX CHARGE IS: ~3.00 1ST PAGE (EXCLUDING COVER SHEET) $1.60 THEREAFTER. PLEASE MAKE CHECK PAYABLE TO THE CITY OF FONTANA IN THE AMOUNT OF $ PLEASE MAIL TO: CITY OF FONTANA, P.O. BOX 518, FONTANA, CA 92334 FROM: Name Company/Firm Address Phone No. NOTE: Please return this cover sheet with Payment (Account No. 010-0316-2300) 8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA CALIFORNIA 92334,0518 · (714) 350-7600 SISTER CITY ~ KAMLOOPS, B.C. CANADA (so .-fi,) L,...,~rc~A. PAc(Fic pc, L "" "" , F-A,,< ,f '-, ,,,,,-) '~'~- r,::,e~7 ~ ( so ,.,../-z,, ) City of Fontana CALIFORNIA 'FAX COMMUNICATIONS FROM FAX NUMBER (909) 350-6618 PLEASE DELIVER THE FOLLOWING PAGES TO: Fax Number: ? ~ ~ Phone Number: Total Number of Pages: Date: ~~me: CO: FAX CHARGE IS: ~3.00 tST PAGE (EXCLUDING COVER SHEET) ~1.50 THEREAFTER. PLEASE MAKE CHECK PAYABLE TO THE CITY OF FONTANA IN THE AMOUNT OF ~ PLEASE MAIL TO: CITY OF FONTANA, P.O. BOX 518, FONTANA, CA 92334 FROM: Name Company/Fkm Address Phone No. NOTE: Please return this cover sheet with Payment (Account No. 010-0316-2300) 8353 SIERRA AVENUE(P.O. BOX~'518) · FONTANA CALIFORNIA92334-O~i18 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA . ~ tal~ recycled paper ~UG~{9-93 THU 8:47 FAX N0, 7951B~i,f P. 01 KENKO Transmittel COi'ITFIA'C:TOR:~ ~/~u~ Number of Psgee ___, Including this page. A~ention ~ _ We are ~ensmlttlng: Vie: For Your: Q Per your request ~ Mall ~ Approval ~ 8hop drawings ~ Overnight Mall B Review and Dominant ~ Proposal Q UPS ~ Informet;on/Rles Q Plans ~ Hand a COrreSpondence ~ Fax ~dotur~ n Ded Remerke Issued by Copies t Fax Tu: ,,, ~'~ ' ~/;/J~", CORPORAT~ OFFICE - 1694 91 8t Avenue H.~. - Blaine, ~hme~¢a 55~9 - (6~2) 7R6.6~0 - Fe~ (6~2) 786-6602 8~W~BT~R~ DIVISION - 16415 Adrlls~n R,~ad ~ulie 308 - D~sl/~m Texe~ 7~24~, (~1~) ~31-~494 - FaX (~34) 931-~474 W~T~H DIVISION - Poet Offl~ Box 031 - C~lim~ma, ~llfor,la 9~330 - (9~) 795,2568 - Fmx (~0g) 7~1~0 Form 7 - Cabb'e 798-~t8 aUG-1~-83 THU 8:47 ,W FaX NO. 795!~,~ P. 02 RU~ [B '88 ~ta8 FROM WC E~61NEERIH~ FROHIFI~E' ~l~R~t4 ~:NBZ~ERZHG ])EPT sugaEr:l'~ ',cI'r~ oF FOI'~TAI,I~PZP~ aADK~I4(3 ON 8.PT.GO. PRO~RTy . .-. KEHKO".H~9 C(IFIFLE~'E~ F'RO,1ECT TD BPI'~ ~ATZ ACT~OFI. · .... PF~ AI.,T~N~T~ P'F8 PF~ F~I..E NQI'E PFa KEEP PF4 E~A~E .PP~ FOR~R9 HOT~ .PF6 REPLY' PF~ .~BEND PF6 P~HT PFf HELP PF~e H~XT PF~ F'R~VZOU~ PFZ2 RETURN · ~ TOTAL PRaE.B61 ,~ Santa Fe Pacific l ipeline Partners, L.P. r Santa Fe Pacific Pipelines, Inc. Oeneral Partner s~P, I~.p. June 25; 1993 Manager Pipeline Engineering ENG 12-1 (RCN 46988) Mr. Wayne Brown Community Development Depamnent Engineering Division City of Fontana P.O. Box 518 Fontana, CA 92334-0518 Dear Mr. Brown: This is in reply to your request for a sign-off on the Cypress Avenue Sewer Construction Project on Cypress Avenue Between Jumpa Avenue and San Bemardino Avenue. SFPP, L.P.'s Area Supervisor; Mr. R. E. York, has contimed that this project has been completed to the satisfaction of SFPP, L.P. We appreciate your cooperation in protecting SFPP'S facilities during this construction activity. Sincerely, GTR/nnm City Counctl Ninutes V ~"f August 4, 1992 (2) Approvtng a P~pel~ne Inspection Agreement w~th APRV PIPELINE Santa Fe Paclfic P~pel~nes, Inc. (SFPP) for the crossing AGRNT SANTA FE under the SFPP Pipel~ne by the Cypress Avenue sewer, and PAC/SEWER CROSS authorizing the execution of the Agreement by the C~ty NO 92-290 Nanager. F. Item F was removed from the Consent Calendar. ITEN RENOVED G. (1) Appropriating $109,049 from the General Fund APPROPR FUNDS Unapproprlated Fund Balance to the Strategic Planntng CONSULT CALIF Program, Account Number 010-1717-4600 (General Fund LANDINGS SP Strategic Planning Account for other Professional EIR/NO 92-291 Services) for the cost of the consultant report for the California Landtngs Spectfic Plan EIR and approvtng an increase of $109,049 to the General Fund Estimated Revenue, Environmental Impact Report Revenue Account, Number 010-0320-4300. (2) Appropriating $81,918 from the ~eneral Fund APPROP FUNDS Unapproprlated Fund Balance to the Strateglc Plannlng CONSULT SIERRA n u t P n NO 92-292 Services) for the cost of the consultant report for the Sierra Lakes Spec~flc EIR and approving an increase of $81,918 to the General Fund Estimated Environmental Impact Report Revenue Account, Number 010-0320-4300. H. Approverig the contract between the C~ty of Fontana and APRV CONTRACT Preschool Servlces of San Bernard~no County for the use PRESCHOOL SERV of the North Fontaria Headstart Butldtng located at 6361 SAN BERNARDINO Catawba Avenue for the term September 1, 1991 to August HEADSTART 31, 1992, and authorizing the Ctty Nanager to execute NO 92-293 the contract. I. Authorizing the Human Resources D~vts~on of the Nanagement REQT GRANT Services Department to request grant funding, from the FUNDING/ South Coast Atr qualtty Nanagement Dtstr~ct for: SCAqND (I) The development of a comprehensive alternate fuel 'FUEL CONVER- converslon training program for fleet mechanics and SION PROG fundtng for the conversion to a cleaner fuel source illquid propane gas) for a portion of the Ctty of Fontana's Fleet. (2) The development of an education awareness program to EDUCATION broadcast on Comcast Cable Television to residents of AWARENESS Fontana and Ontario on issues related to a~r pollution, PROGRAN transportation and r~desharing. NO 92-294 J. (1) Adopting Resolutfon No. 92-114, adopting amendment ADPT RES to the Neasure I F~ve Year Capital Improvement Program 92-114/ANEND and Twenty Year Transportation Plan. NEASURE I FIVE YR CAP INPRV PROG Page 5 of ll CITY COlJNCZL ACTZOll IElqXtT · NIUST4. lgg~ rmmaT CperlBg~_ Paettng Date Ageride Placment TO: Nayor and CIty Council FttOli: Cmmuntty Develolment Departant SIIdECT: Approval of Lt tense AgreeNnt wtth Southern Psct ft c Transportation Company and Approval of Ptpellne Inspection Agreement wtth Santa Fe Pacttic Pipeline, Inc., for the Cypress Avenue Seer Project RgII!I!~TIIII 1. TO APPROVE A LICENSE ~PlEN~/~ IIITH SOUTHERN PACIFIC TPJ~PORTATIO~ CONPAHY (SPTCo) FOR THE CROSSING OF THE SPTCo RAZLROAD TRACKS BY THE CYPRESS AVENUE SEWER. AND TO AUTHORZZE THE EXECUTIOll OF THE AGREENEHT BY THE CITY NANAGER. 2. TO APPROVE A PIPELINE INSPECTION AGREENEXT tilTH SNITA FE PACIFIC PIPELINES, INC. (SFPP) FOR THE CROSSZNG IN)FIt THE SFPP PIPELINE BY' THE CYPRESS AVENUE SEVER, HID TO AUTHORZZE THE EXECUTION OF THE AMIENENT BY THE CITY 14NIAGER s~__l ' Funding BII)MT llACT No ILl Yes Sources l't General Fund Budget I '1 (0711 Saer Fund Budget I=1 Bond Procads Developar Depostts The Cypress Avenue So~er Prc~lec~ ts budgeted for FY 92/95 for a ~tal amount of $2,263,162 (Page 4). Thto mount reflects the esttmted total cost to construc~ the pro~lecr. Including 11cense, Inspection an~ easmeY¢ fees. The Ltcense A/t with SPTCo vtll cost $406 Page 6). &ttMs ttne~ staff ts a]so vork~n; to ol;~stn an earnant from SI~C~ to secure are perinherit rtghts than these cmferre4 Inn Ltconse Agreeant. M eument v111 cost $5,625, par the calculations reflected tn the Ctty Engtnar's letter to Southern Pactftc Transportsrico Ccepany, date4 4une i, 1991 (Page 6). The Ptpallne Inspection Agreerefit vlth SFPP Mll requtre the Ctty to pay the t and actual cost of ptpallne Inspecttom (by thtrd party), at rated at $10,000 SFPP tnternal costo usoctated vlth the mrk. 8mlwmmn'.M. IIEMTs I--'1 Yes Ir'l .o A ettt tad negattve declarelien for this pro3ect vu adopted by Fantans Ctty Counctlge~n auly 7, Iggl (Page 7). On duly 7, 1992, the CIty Counct1 authorized the Camunity Oevelolment Departrefit to soltctt btds for the construction of the C s veue Seer . Pro~ect (Page 9). Btd opentng ts scheduled for August 13, ~ & The Southern Pacific Tr~!portatton Company requtres tha~.he Ctty of Fontana ~ Execute a 1teenee agreement (Page 10) prior to permitting the City to construct thts eighteen foot deep sewer factltty under thetr trackage tn the general alignment of Cypress Avenue. Thts agreement was discussed by the CIty Counctl tn closed sesston on Ou]y 7, Z992 and the agreement reflects the direction given by the CIty Count1] at that ttme. A Ptpellne Znspectton Agreement wtth Santa Fe Pacific Pipelines, Inc. (Page 20) ts also required to be executed by the Ctty. The proposed sewer math undercrosses two extsttng fuel 1tries of that agency near the railroad trackage. SFPP has signed a Service Contract for third party Inspection wtth Edeco Engineering, which names the City of Fontana as an additional insured (Page 23). ANALYSISNe~qJSTIFICATI01h The construction of this project requtres a crosstng of the Southern Pacific 11nee and the Z-Z0 Freeway to provtde teltel 1the capactty and to serve Katser Hospttal~ The source of funds for this project ts the sewer capital fund (071). The actual rtsk of any problems occurrt, ng wtthtn the bortng or tunnelling of the sewer 1the etghteen feet under the surface of the trackage.or.ptpellnes is remote. The City's contractor wtll carry insurance durtn the construction period per the Ctty standards, thereby reductnf the CTty*s exposure to 11ability. Once the project ts complete, under the operation mode of gravttX flow sewerage flowing eighteen feet under the tracks tn a thtck steel casing t;~ is very unlikely, tn staff's optnton, that the Ctty Nt11 have any stgntftcant~ rtsk. Staff recommends that City Council approve the agreements as presented. AITAC~ENTSs Page 3Locatton and Vtctntty Hap P.g..cypr.s ,v.... s..r,r..port.to. C.po. to c,t, Page 5Letter from Southern dated 0une 1, Zgg~ Page 6 Letter from City Engtneer to SoUthern Pacific Transportation Company dated 4une 2, Zgg2 Page 7 Htttgated Negative Declaration Page g Htnute Excerpt of 0uly 1, Zgg2 Council Neettng Page ZO License Agreement ,tth Southern Pactfie Transportation Co, Page 20 Ptpeltne Inspection Agreement wtth Santa Fe Pactftc Ptpeltne Page 23 Sorvtce Contract betNeen Edeco Engineering and Santa Fe Pactftc Ptpeltne ' Director Steve D~tt$ Mtn;/Ct'~uNanager 1 Ctty Attorney ' ' I -' ........~ ....................~CYPRESS AVE. SEWEB , "· · · ' · ~l~l~lff ~ CATSaT 671-~ 071-T~19 171-T'~ I/1-7Z39 071-7Zd 671-7247 illliB fl~ I~'fl ma isLi lllJ li1~£ BSLIVaIA ~1,11Clle115 CI;IIII/VlLLI PIIIICIPIL/,AllIll 'JIll IllIlL C~III I IllsIll litLIES I IIIIJ/Iilllllil · IHIAIIII 'IllAs II!Illlll IIIIIIII I&,t&l II II I0 Ii ~ I0 (~IIUCIBI Illlllllalll, IIIVICII &Ill I.gll. IIVICII S,,191 &HI gill &/AllTIN IEIVIC~ ~ EIIIIEIIll IIVI~I ~O,dlOe d,lOO 27,00e 15.OeO &Ill COI'!!ICTNII COlTI S,NI 19T, 121 4,Z.I,N9 I. IE,O~Q le"" carom m mecca ss',sle sss.sss sa,sss ss.eee Illilii lIVId GillIll I1' ~ Illl IAIA JIll I IIII LIIIILIFI IOI/IL IIlBIIIL IIIVlCI CIIlill II II 11 141 rJIPrllL IIIl&AI III t SIII IIIIgll & ill ~ lllllllllllCI & 1111111 SIll Ifflil III/I/1111 · RIIII~II SI Llll, & IUILIIIII IIII IslOJICl I~ illlAlllll , outhern Pacif Transportation Company Southern Pacffic BujtdiR~ · One Mart<at Plaza · San Francisco, California 94105 .... ~*~ ....~' 924 990 / 314 · 4 * 54 June 1, 1992 Mr. Steven DeBaun Attorney at Law Best, Best & Krieger P. O. Box 1028 Riverside, Californie 92502 Dear Mr. DeBaun: Attached are duplicate counterparts of proposed license agreement with City of Fontana covering a 27-inch sanitary sewer line within a 54-inch steel casing at M.P. B-531.93, Bloomington, California. We are in the process of preparing an easement to cover the above. ~ Please arrange for execution on behalf of City of Fontana and forward the counterpart marked "SPTCo." along with check in the amount of $405 to cover processing fee to Mr. J. W. Ivanusich, Southern Pacific Transportation Company, 1200 Corporate Center Drive, Monterey Park, California 91754. Yours very truly, ~W Attachments City of Fontana CALIFORNIA June 2, 1992 Hr. C. Scott Behm Assistant Sales Hanager Southern Pacific Transportation Company 1200 Corporate Center Drtve, Suite 100 Honterey Park, CA 91754-7605 Subdect: Cypress Avenue Sewer RE: Sewer Easement (SRN 3242) Dear Hr. Behm: Staff has reviewed your Hay 28, 1992 correspondence for the City to acquire the easement rights for the sewer crossing of your ftrm's property. This ts to request that you proceed with the preparation of the easement documents pursuant to the terms noted. The payment of the $5,625.00 for the right-of-way would be at $3.75 per square foot for the fifteen foot wide by 100 foot 1ong right-of-way. By resolution of the City Counctl, the undersigned ts authorized to accept easements for the City. Once the documents are received, a request for paJn~ent will be made from the Cypress Avenue Sewer ProJect account and forwarded to the d~estgnated person tn your firm. Staff wishes to thank you for your prompt response to the office of the City Attorney tn their desire to secure more permanent rights than are conferred tn a ltcense agreement. Should you have any questions, please contact Hr. Feltpe Moltnos, Pr~nclpal Ctvtl Engineer, at 714-350-6641. Very truly yours, COMMUNITY DEVELOPMENT DEPARTMENT Engineering Dtfiston Robert W. Weddle, P.E. Ctty Engtneer RW:sh cc: Community Development Director Principal CIvil Engineer/Capital improvements City Attorney ~53 SIERRA AVENUE(PO. BOX 5~8) · FONTAN~ CALIFORNIAg2334~518 · (7141 350-7600 SISTER CiTY -- F~AMLOOP~ ~C. CANADA ~hlTlrmAm~n NE~,TIVE OECI.ARATIOIIV 1. Cypress Avenue sewer system. Ourupa Avenue to San Bernardlno Avenue. Install atton of 10,560 ltnear feet of 24", 27" and 30" dtameter sewer clay ptpe and 4" and 6" dtameter laterals. lnstallatlon of pre-cast concrete manholes removal and reconstruction of street Improvements. 2. Location: Cvoress Avenue. between Ouruoa and San Bernardtno Avenue. tn %he Cttv of Fontaria. 3. Enttty or person undertaking project: xx A. C~ty of Fontana - Engineering Dtvtslon B, ~t~r (Prhate) Address: The Ctty Counctl, hartrig revhwed the Environmental Information Form for thts proposed prolect and havtng revtewed the wrttten comments received prtor to the publtc meeting of the Ctty Counctl, ~ncludtng the reco, nendatton of the Ctty"s Staff, does hereby find and declare that the proposed project wtll not have a significant effect on the environment. A brtef statement of the reasons supportlng the Ctty Counctl's findings are as follows: See Attached Sheet A copy of the Zntttal Study may be obtatned at: The Ctty of Fontana, Engineering Dtvtston 8353 Sterra Avenue Fontana, CA 92335 Phone: (7Z4) 350-6641 Feltpe Noltnos Principal Chfi Eq~net/Capttal Date filed wtth Clerk of the Board CITY-COB.FE FOPJ~ "E" 'MItigated Negattve DecTee~atton ~e~ Page Two 1. No comments were recetved nor ts there any evldence that an EIR should be prepared, 2, Both prtmary and secondary consequences were evaluated and It was determined that the project hal ps tn protecting the environmental and surrounding areas, 3. The physical changes Involved w~11 protect the soda1 and economic structure of the City. 4. There ts no sertous publlc controversy over the environmental effects of the project. 5. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Norks Construction, also known as the "Green Book" wtll control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). C of Fontana LIFORNIA ~quly 20, 1992 EXCERPT OF THE UNOFFiCiAL AND NOT YET APPROVED HiNUTES OF THE JULY 7. 1992 REGULAR FONTANA CiTY COUNCIL NEETING: "Hotton made ~ Councll Hembet Eshleman seconded by Counct1 Hembet Abernathy, (1) Adopting a Hit~gated Negative Declaratlon and California Fish and Game De Nln~mus impact F1ndtng and DIrecting staff to ftle the Notice of Determination and Certificate of Fee ~emptfon for the construction of the Cypress Avenue sewer system between Jurupa ~enue and San Bernardlno Avenue. (2) Authorizing the Comunlty Oevelopment Oepartment to adverthe for b~ds for the construction of the Cypress Avenue sewer system between Jurupa Avenue and San Bernard~no Avenue. AYES: Nayor B~les, Council Nembers Abernathy, Eshleman, Hurray NOES: None ABSENT: None" Und C ~L~La S~ Nu~n, ' Deputy City Cler~ LSN: tl 1 SIERRAAVENUE(P,O, BOXSf8) · FONTANA CALIFORNIA92334~518 · (7~4)35(~7600 SISTER CITY- KAMLOOP~% I~C. CANADA Rev~$ad{ Apt~ 24, I992 TNBI~ i ~ Page i of 6 REIddIS: B-531.93-X(N) UNDERGROUND PIPELINE (SEWER - WATER - STORM DRAIN - ETC.) THIS AGREEMENT, made this day of , 1992, by and between SOuTMERNPACIFICTRANSPORTATION COMPANY, a corporation, (Licensor), and CITY OF FONTANA, a public body, address: 8353 Sierra Avenue, Fontate, California 92335, (Licensee); WITNESSETH: 1. Grant of Rights: Licensor hereby grants to Licensee the right to construct, reconstruct, maintain and operate, subject to the terms of this Agreement, a 27-inch sanitary sewer pipeline within e 54-inch casing (herein called "structure"), at or near Bloomington, County of San Bernardino, State of California, in the location shown on the attached print of Drawing B-531.93-X, shee= 1 of 1, dated January 24, 1992. This grant is subject and subordinate to the prior and continuing right of Licensor, its successors and assigns, to use all of its property in the conduct of its business, Licensor reserving full rights, consistent with the rights herein granted, to construct, reconstruct, maintain and operate existing and additional transportation, communication, pipeline and power facilities upon, over and beneath its premises. 2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantly maintained by Licensee at Licensor's property lines or such locations as Licensor shall designate and shall be relocated or removed by Licensee upon request of Licensor. The absence of markers does not constitute a warranty byLicensor that there are no subsurface installations. 3. Costs: Upon execution hereof, Licensee shall pay Licensor Four Hundred Five Dollars ($405) partially to defray cost of handling. Page 2 of 6 Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on Licensor's premises. Licensee shall reimburse Licensor for all cost and expense to Licensor in furnishing any materials or performing any labor in connection with such work, including, but not limited to, installation of falsework and other protection beneath or along Licensor's tracks, and furnishing such watchmen, flagmen and inspectors as Licensor deems necessary. 4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in accordance with plans approved by Licensor within a reasonable period of time. Approval by Licensor shall not constitute a warranty byLicensor that such plans conform with federal, state and/or local codes and regulations applicable thereto. All work upon or in connection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere with Licensor's operations. In the construction, reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in a neat and safe condition, failing which Licensormay do so at Licensee's expense° If required by Licensor in its use of Licensor's premises, Licenses shall reconstruct, relocate or alter said structure. Except in emergencies, Licenses shall give Licensor five (5) days' written notice Of the day and hour it proposes to do any work on said structure. Licenses shall cooperate with Licensor in making any rea- sonable tests it requires of any installation or condition which in its judgment may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests, or any corrections thereafter, shall be borne by Licenses. No change shall be made by Licenses in the commodity being conveyed through said structure without Licensor's prior written approval. 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 talecommunications systems (systems) in, upon, along, across and beneath the premises and rights-of-ways of Licensor including the premises through which said structure.shall be constructed. Licenses agrees to reimburse Licensor and/or the owner of the system(s) for all expenses which either may incur which expenses Page 3 of 6 would not have been incurred except by reason of the use of the premises by Licenses, its agents, employees or invitees including relocation costs or any damages incurred by such owner due to injury to the system(s). Licenses, at least five (5) days prior to performing any digging activities on the premises of Licensor, must call 1-800-AT- FIBER (available 24 hours) to receive a Southern Pacific Talecom- munications Company control number. Licenses will be advised if a talecommunications system is buried anywhere on or about the premises of Licensor in the location where Licenses will perform such digging activities. If there is a teleconununications system, Licenses will be advised as to the owner of the telecorranunications system and provided instructions on arranging for a cable locator and will be advised whether relocation or other protection for the talecommunications system is required prior to beginning any work on the premises of Licensor. 6. To the extent allowed bylaw, Licensee agrees to release, defend and indemnify Licensor from and against any and all liability, cost and expense for injury to or death of persons and damage to or destruction of property (including, but not limited to, the property and employees of each of the parties hereto), when arising or resulting out of or in any way connected with the performance of work under this Agreement, except when due to the sole negligence, gross negligence, willful misconduct or criminal actions of Llcensor, its subcontractors, agents or employees. This covenant of indemnity shall continue in full force and effect notwithstanding the full payment of all sums due under this Agreement, or the satisfaction, discharge or termination of this Agreement in any manner whatsoever. 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. 7. Condemnationz In the event all or any portion of Licensor's premises shall be condemned or taken for public use, Licenses shall receive compensation only for the taking and damaging of said structure. Any compensation or damages for taking Page 4 of 6 said premises or Licensee's interest therein awarded to Licensee shall be assigned by Licenses to Licensor. 8. Termination~ This Agreement may be terminated by either party hereto by giving ninety (90) days' written notice to that effect to the other party and Licensee shall there upon remove said structure and appurtenances and restore the premises of Licensor to Licensor's reasonable satisfaction failing which Licensor may arrange to do so at Licensee's reasonable expense. If Licenses makes default in respect to any covenant or condition on Licensee's part hereunder and fails to correct such default within thirty (30) days' after receipt of notice from LicensOr so to do, Licensor may forthwith terminate this Agreement by notice to Licenses. 9. Environmental Protection: Licenses shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and waste and air quality, and furnish satisfactory evidence of such compliance upon request of Licensor. Should any discharge, leakage, spillage, 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 rights granted hereunder, Licenses 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 persons to the reasonable satisfaction of Licensor (insofar as the property owned or controlled by Licensor is concerned) and any governmental body having Jurisdiction in the matter. Licensormay, at its option, clean Licensor's premises; if Licensor elects to do so, Licenses shall pay Licensor the reasonable cost of such cleanup promptly upon the receipt of a bill therefor. Licenses agrees to release, indemnify and defend Licensor from and against all liability, cost and expense (including, without limitation, any 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 pollution, 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 Page 5 of 6 active negligence or wilfull misconduct of Licensor, its officers, agents or employees. 10. Contractors: No work on Licensor's premises shall be commenced by any contractor for Licenses until such contractor has entered into Licensor's standard Contractor's Right of Entry agreement covering such work. 11. Non-assignability: This Agreement is not assignable, in whole or in part, by Licenses without Licensor's prior written consent. 12. Liens~ Licensee shall pay in full 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 said liens or any Judgment obtained therefor. 13. Said structure shall be installed in accordance with minimum requirements of Form CS 1741, also attached and made a part hereof. 14. As a part consideration for the permission herein given, Licensee shall pay to Licensor as rental the sum of One Hundred Dollars ($100) per annum payable annually in advance. Acceptance by Licensor of rental in advance shall not be construed as a waiver by Licensor of its right to terminate as set forth in Section 8 hereof. The rental shall automatically and without notice to Licenses, be adjusted, upwards only, on each anniversary of the effective date of this Agreement, by the CPI Factor as indicated on the Consumer Price Index, Urban Wage Earners and Clerical Workers, U. S. City Average, All Items (1982-84 = 100), ("Consumer Price Index"), published by the United States Department of Labor, Bureau of Labor Statistics, or any successor or substitute index published Page 6 of 6 as a replacement for the Index by any United States governmental agency. The "CPI Factor" is the percentage of adjustment stated in the Consumer Price Index (indicated in the previous sentence) established during the last available twelve-month period immediately preceding each anniversary of the effective date of this Agreement, adjusted to the nearest one-tenth of one percent. In addition to or in lieu of the above, Licensor may, at any time, increase the rental without reference to the CPI Factor by giving Licensee, thirty (30) days' notice of such adjustment and its effective date. The rental, as so increased, shall be effective as of each anniversary of the effective date of this Agreement if increased by the CPI Factor, or as of the effective date of any other increase, notwithstanding Licensor's acceptance of a lesser amount and notwithstanding any billing by Licensor for a lesser amount. IN WITNESS WuzKEOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. LICENSOR LICENSEE By SEE ATTACHED SIGNATURE PAGE (Title) ~ 'LICI~ISE~ SIGNATURE PAGE READ AND APPROVED AS TO LEGAL FORN AND CONTENT: S~ephen P. Deltsch City Attorney Th~s document ts the true and complete document approved by City Council on , 1992, L1nda S. Nunn Deputy Ctty Cle~~n~D ~or~el t rector Robert Graham CZTY OF FONTAliA A Nunictpal Corporation BY: ~ay N. Corey City Nanager ATTEST: Kathy Nontoya City Clerk ~ ~ .... ~.. ~:.~, ~...h ~:,% '~, PIPE LINES ,o.,.,--,.--- -- ,. ~., .,,__=,., , : dW ~imld le ~ ~i~ FOR ~N-FLIM~LE ~BST~CES ACRO~ ~ ~ RI~T OF WAY m. ~ ~ m CasinS Requirements Tk ~tellne Aee ~ ~:,~lMe ei~l el Enlr/Awesl el Fj Fre 1 T~Ie X I i/? } :/~ I0' 18' 20' 20' 14' :8' 24' O.3iZ' 54' 0. TeS' ~U~ERN PACIFIC LINES 2 ,/~ 4 ,/~ ,4' 24- 24. .- ~e- .- o. sz~- so- o.~,. LiNES s. s. is- .- -' .. 2~ .- ~o- o.4os- 6r o.~3. PIPE 4- e- ~- 3o- so- 3~ H' 32- 34, · s6, 0.469- 6s- s se, o. e75- FOR NON-FL~M~LE ~BST~CES 6' :0' ~4' 36' ~6' ~6' s~ ~s' 3s- 0.500' 70' o.so6' ACRO~ ~ ~ RIGHT OF WAY 20 ~i THIS AGREEMENT is made and entered into this day of . by and between CITY OF FONTANA. heretnafter referred to as "CITY' and SFPP2 L.P., a limited partnership, successor in title and interest in and to all of the rights, assets and obligations formerly held by Southern Pacific Pipe Lines, Inc. in its own name, hereinafter referred to as "SFPP'. WHEREAS, CITY is proposing construction of the Cypress Avenue Sewer Project in the area described on the map attached hereto as Exhibit "A" (the "Project Area'); and, WHEREAS, SFPP owns, operaCam and maintains one 2~-inch and one 16-inch petroleum products pipelines and appurtenances within said Project Area; and, WHEREAS, SFPP has prior rights within the Southern Pacific Transportation Company right of way by virtue of indenture claCed August 14, 1957, NOW, THEREFORE. CITY and SFPP do hereby agree as follows: 1. SFPP shall provide an Inspector during construction activities near the pipeline easement in the Project Area so as to avoid damage to SFPP's pipeline. 2. CITY shall pay SFPP the actual cost of pipeline inspection, estimated at $10,000 and in an amount not to exceed $12.000, including SFPP inspection personnel, engineering review, company labor additives end 20 percen~ for associated administrative overhead. 3. CITY shall pay the estimated cost upon CITY's advance notice to SFPP's District Hanager of work near the pipelines. When the final accounting of the actual cost is completed. an itemized statement will be submitted to CITY for review to reconcile any difference between actual and estimated cost. At chat time SFPP shall invoice CITY for actual cosu in excess of estimate prepaid. or refund payment to CITY of prepayment in excess of actual cost incurred. SFPP shall maintain records of the actual costs incurred and charged or allocated to the work for a period of 3 years in accordance with recognized accounting principles. 4. CITY shall indemnify, defend. and save SFPP harmless from and against any and all liability, claims, demands, damages or costs whatsoever for injury to persons (including death). or damage to or loss of property (including property of the parties hereto) arising in any way out of the construction of the Cypress Avenue sewer. 5. The parties hereto agree that if any action at law or in equity is necessary to enforce or interpre~ the terms of this Agreement. the prevailing party, at the court's discretion. shall be entitled to reasonable Attorney's fees, costs and necessary disbursements in such amoun~ as the court deems appropriate in addition to any other relief to which it may be entitled. Page Two 6. This Agreement shall commence on the date first above mentioned. IN WITNESS ~dHEREOF, the parties hereto have caused this Agreement to ba executed as of the day first herainabove written. READ AND APPROVED 6S TO LEGAL FORH AND CONTENT: p~'/~ This document is the true and or complete document approved Stephen P. Dei~sch by City ( ~uncil on City Attorney Linda S. Nunn Deputy City Clerk enni Vau~h~ -~l-ekee]:-~eke} Robert Graham Officer Risk Mana&emenc CITY OF FONTANA A Municipal Corporanion ATTEST: Jay M. Core~ Kathy Montoya City Mane&at City Clerk SFPP, L.P., by Santa Fe Pacific Pipelines Inc., ice sole General Parnner BY: J.M. En&elhardC Vice President - EnSineerinS ATTEST: M~ 0 9 |99{ P.A. Hewel, Sectscar7 APeROVED BY LAW DEFT, 1PlA069/nrl ~ k k ~ ~it~v.t~i~ 'J CYPRESS AVE SEWER ........ ~, W ~RV1C~ CONTIV'r , NO, ,~c~ ~, WITNESSBTH: I. CONTRACTOR agrees to ~ctfi~dty ;~rfO~l. f~ N ~ti~ staled alanear City o~ ~on~a~a C~ the wo~ ~ ~. CONT~CTOR~~w~f~aWm~N~lm~t~tra~or, i' ~ete Mm to I~l ~e Md~l~ ~ PIPELINEg ~ N __ ~ ~ ,19 __. 4. CONT~CTQR ~ ~t ~ endd~ ~ ~ her~ e ~ ~ d ~e~ ~y rel~n of PIP~INEI' hl~ ~ ~i~ C~CTOR i ~e Fqen ~ ~ ~ ~ ~Y ~n ther~f. 5. PIP!UNISwla~C~CTOR~kw~exmesmyN~mtoi~u~ete ~ ~ne. ~, ~ w~ ~1 he~ ~ ~ ~ ~P~NB ~ ~tm~. e, C~RACTOR I~m, ~ u~ ~g m frm PIP~NE8 ~ ~ a~ ~d~ ~ ~ w~ wh~ PIPELINE8 rely ~et~lne u u~ ~ ~fm, e el f~g ~ ~l~ ~ e~e~ 'f'l~ull O~t~s tOfm lNi~t)e C4~fk~itO Mffk:l fHl lgQl'eQlte eelt0i~ddcn, ic4:N'~g d~~, will net exce~l Twe~N alive ThouaN ($H,0O0) D~llfl. k:dt0f WSl he( I:mla eJfefl fef laymerits neflu4~lf In exceu o~ Twenty ~ 1*m3ull~l ($ZS.00Q) D44ki'a fee' Ihe mlfffe ~ m ~ I~fm~:i. ~rnC~lN padS, nof will lay idalionel plymer4l b4 ml(te ~ Icc~!t o~ w~ f: ~i~fec~ with the sDeCi~Cd C~vtted by fl~l~a of u.~ $ltOIrlte agt~cfl~lfltl ot NO. R~ ~' J0~l NO. THIS AG]t.EEMENT, tnaaem~ 17 deye/T ..... 19.9.2.,~ymxl~tweenSFPP, LP., · LJmltN IsmfifietsJlip, wniGh ·ctl I~lely UVOUg/1 its 9enereJ permet, SANTA FE PACIF1C PtPE]JNE~, INO. o (togsmet referred to her·In u 'PIPELINES'% Ind ~'deco (heroin Oilled *CONTRACTOR,), · CAb·tit,, ~fl0oratl~t, am/ted or genepd I~,~ners~dp, ot ~ profrletor) /HIe C~R'I1FICATE 18 188UF, D A8 A MATTER OF INFORMATION ONLY '['ulmm, Ok:l..hom& '/4103 COMPANIES AFFORDING COVERAGE ~ HARTFORD ~NEURANO~ COMPANY 4500 SOO~4 (]ARNiC'fI', iT00 ' ~C~,~vC q2TJF~8~, OKLAHOMA '/4145 : ................................. " ...~__c~ua~o__Ns.~p ..c~9._vo~ ~, e~. pou~s. %!un3 s,owN.u~v H^Ve tats ,f0U~..~.~.N,p...C~.tM.S.= ........ ~co~lte~t eeNe~u~uw. I ; moovc. r~co~, 'Z'7 770'00,00 '].: ]:C~MeW~eX.]7, OCC.~. 38UUNT~U6442 ,1 t/13/Sl '11/13/92 ,qo,~,~v.,~j0V ............. ' r~e~__-.*qj~e.,~ s 300,00 ~'*X~,v,~ufo 38UDNT,D~442 ~I I/13/91 ~ 11/13/92 ~..rr L~ ,.(~O., 0Q A ~m~ 38ralrlQ28·'t 11/13/91 11/13/92 t,,~lxp, ~ olse,me-,~cv uwT ~, 0 O~:. C 0C me~m,~r uamun otm~'l,~;;;.~;~ ~ 70'00,0 0 C CTTY O!' FORTANA [8 ADDZTT(%MA~ TRSD~ID, ATTNA ~XPItR~N DATE THILRIO4I, 1141 Ag, ZUiNG COMPANY WILL GRaVeR c~'~';,~':* ;<:~,'.' ' ,. ~ -'~"=f:%T' ' ·.v ' ~.co~ co~.~Tm. e~ut~ to ~ ~n~ ~Wet r~.f from N ~nM~ ~ wNvff 0f 11. ~lll~e~l~ff~thi~,nblet~1~w~l ~ ~ ~ wd~ ~e ~ PI~N!~ s~ml~d~h~ 1 $ CON~R ¢NI ~ w~ ~ ~ laws ~ r~a~ ~ml~ ~ t~ hM~ 0l him ~dlll. ~. ~ ~ ~ r~r~nt ~ ~ ~ N ~ ~CTOR'I r~e W the a~ete ~t IN WITNEM WHEREOF, N perSea Itemto hm,4 ~xecutecl ~ee p'esen~ the ClSy end yee~ Ilret wftttet, $FPP, L.P. CONTRACTOR (See Note eeew)' A Urnlied By. ~ANTA Isi PACIFIC PIPELINES, INC. Gei~'N PNlftef (me. aM'e) Cme) CTlUe) W~Nm m~, ~N~11:~en~n~c~n~xe~e~t~e~=eexeea~d~/~e~e~edzede6~e~the~dem~ttN ~ceet~,lla generNetllmee¢l lm byage~eel petmemln~,emendee, dgneme i~eutdbe wllraee4dbyenem~WeeeiPtPELlNES, lfm'aeceale, wnef. byadelmeutedPetY- -- Santa Fe Pacific Pipeline Partners, L.P. 888 South Figueroa Street, Los Angeles. California 90017 213/486-7780 FAX213/486-7724 Santa Fe Pacific Pipelines, Inc. GeneralPartner ENG 12-1 (RCN 46988) SFPP, L.P. Operating Partnership Don R. Ouinn September 1, 1992 Manager Pipeline Engineering Felipe Molinos Principal Engineer/Capital Improvements CITY OF FONTANA P.O. Box 518 Fontana, California 92334-0518 Dear Mr. Molinos: This is in reply to your letter of August 25, 1992 to Mr. G.T. Reed regarding Cypress Avenue Sewer Project. Enclosed is a fully executed original of the Pipeline Inspection Agreement. Please keep us advised as the project progresses. Related questions or comments may be directed to Mr. G.T. Reed at (213) 486-7736. Sincerely, D.R. Quinn 227 GTR2/nrl RECEIVED PIPELINE INSPECTION I~GREEMENT 1992 THIS AGREEMENT is made and entered into this q~ day ' ~9~:, by and between CITY OF FONTANA, heroinafter referred to as '°'CfIT P', L.P. , a limited partnership, successor in title and interest in and to all of the rights, assets and obligations formerly held by Southern Pacific Pipe Lines, Inc. in its own name, heroinafter referred to as "SFPP", WItEREAS, CITY is proposing construction of the Gypross Avenue Sewer Project in the area described on the map attached hereto as Exhibit "A" (the "Project Area"); and, WHEREAS, SFPP owns, operates and maintains one 24-inch and one 16-inch petroleum products pipelines and appurtenances within said Project Area; and, WHEREAS, SFPP has prior rights within the Southern Pacific Transportation Company right of way by virtue of indenture dated August 14, 1957, NOI4, THEREFORE, CITY and SFPP do hereby agree as follows: 1. SFPP shall provide an Inspector during construction activities near the pipeline easement in the Project Area so as to avoid damage to SFPP's pipeline. 2. CITY shall pay SFPP the actual cost of pipeline inspection, estimated at $10,000 and in an amount not to exceed $12,000, including SFPP inspection personnel, engineering review, company labor additives and 20 percent for associated administrative overhead. 3. CITY shall pay the estimated cost upon CITY's advance notice to SFPP's District Manager of work near the pipelines. When the final accounting of the actual cost is completed, an itemized statement will be submitted to CITY for review to reconcile any difference between actual and estimated cost. At that time SFPP shall invoice CITY for actual cost in excess of estimate prepaid, or refund payment to CITY of propayment in excess of actual cost incurred. SFPP shall maintain records of the actual costs incurred and charged or allocated to the work for a period of 3 years in accordance with recognized accountin~ principles. 4. CITY shall indemnify, defend, and save SFPP harmless from and against any and all liability, claims, demands, damages or costs whatsoever for injury to persons (including death), or damage to or loss of property (including property of the parties hereto) arising in any way out of the construction of the Cypress Avenue sewer. 5. The parties hereto agree that if any action at law or in equity is necessary to enforce or interpret the terms of this A~reement, the prevailing party, at the court's discretion, shall be entitled to reasonable Attorney's fees, costs and necessary disbursements in such amount as the court deems appropriate in addition to any other relief to which it may be entitled. Page T~o 6. This Agreement shall commence on the data first above mentioned. IN WITNESS ~"HEREOF, the parties hereto have caused this Agreement to be executed as of the day first heroinabove written. READ AND APPROVED ~AS TO LEGAL FORM AND CONTENT: Stephen P. Deitsch City Attorney ~ ~ This document is the tru~ and ~clc~plete doc~.n~nt approved by City Ccuncl ~ C' t ~ )evelopment Director S. Nunn, Deputy ~y ~e~ni Vaugh~' -M~e~ee]~-Selee]~ Robert Gra~Pam ~p~ Officer Risk Management CITY OF FONTANA ~r City Clerk SFPP, L.P., by Santa Fe Pacific Pipelines Inc., its sole General Partner ATTEST: M~ 0 e |ee2 P.A. Newes, Secretary APPROV[D BY LAW DEFt. 1PIAO69/nrl t; ~.O" v.c.P. SaUTe4,04r VALLEI' SHEET NUMBEF (TYPICAL) .- ~/-" ~ citvd~ti~ 1 CYPRESS ~VE SEWER ......... j VICINITY ~AP City of Fontana CALIFORNIA August 25, 1992 Mr. G. T. Reed Ptpellne Engineering Santa Fe Paciftc Ptpellne Partners, L.P. 888 South Ftgueroa Street Los Angeles, CA 90017 RE: Cypress Avenue Sewer ProJect In Fontana Dear Mr. Reed~ Per our conversation on August 25, 1992 at 10:30 A.M., transmitted herewlth are the two (2) cop~es that SFPP sent back to the C~ty dated August 18, 1992, but were unsigned. Please have the originals s~gned by your company and send us back, by certified mM1, a fully executed original. After the construction contract for thts project ts awarded (estlmated on September 15, 1992) a fully executed copy of your service contract (RCN No. 46988) wtth Edeco Englneertng for p~peltne inspection services w~11 also need to be sent to th~s office. If you have any questions regarding the above, please call the unders~gned at (714) 350-6641. Thanks for your attention to thls matter. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Mtchael Alturk Associate Eng~neer/Capttal Improvements FM~sh cc= Associate Engineer/Special Projects (YP)' R. L. Wetzel, Santa Fe Pacttic Pipeline Partners 8353 SIERRAAVENUE(P.O. 80X518) · FONTANA CALIFORNIA92334*0518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA ~t~ recycled paper Santa Fe Pacific Pipeline Partners, L.P. 888 South Figueroa Street, Los Angeles, California 90017 213/486-7780 FAX213/486-77Z4 Santa Fe Pacific Pipelines, Inc. ~:eneralPartner ENG 12-1 (RCN 46988) SFPP. r..p. Operating Pannership Don R. Ouinn August: 18, 3.992 Manager Pipeline Engineerlng Principal Engineer/Capit:al Improvement:s CTTY OF FONTANA P.O. BOX 518 CF~ENGJNEES'SO~:~:IC~ Font:ana, Ca].i~ornia ~2334-0518 De~r Mr. Molinos: This is in ~ep].y t:o you~ ].ett:er of ~ugust: 7~ ~2 t:o Mr. R.L. Wet:zel regarding Cypress Avenue Se~er Enclosed is a ~ul].y exeeut:ed original of t:he P'jpeline Inspect:ion Agreement. Please Keep us ~dvised as t:he pro~ ect: progresses o quest:ions or comment:s rn~y be direct:ed t:o Mr. G.T. Reed at: (23.3) 486-7~36. S incere].y, D.R. ~uinn 227GTR2/nrl ~-o ° City of Fontana '~'~ *CALIFORNIA ~ AuguSt 7, 1992 NP, R, L. Wetzel, Supervisor Pipellne Engineering Santa Fe Pacific Pipeline Partners, L.P. 888 South Figueroa Street Los Angeles, CA 90017 RE: Cypress Avenue Sewer Project in Fontana Bid Opening Date: August 13, 1992 Dear Nr. Wetzel: Transmitted herewith are two (2) originals of the Pipeline Inspection Agreement. The originals have been signed by City officials. Please have the originMs signed by your company and send us back, by certified mM1, a fully executed original, After the construction contract for this project ts awarded (estimated on September 15, 1992) a fully executed copy of your service contract (RCN No. 46988) with Edeco Engineering for p~peline inspection services w~11 also need to be sent to thts office. If you have any questions regarding the above, please cal~ the undersigned at (714) 350-6641. Thanks for'your attention to this matter. Sincerely, COHHUNITY DEVELOPNENT DEPARTNENT Engineering Felipe Nol~nos, P.E. Principal Engineer/Capital Improvements FN:sh cc= Assodate Engtneer/Spechl Projects (YP) George Reed, Santa Fe Pacific Pipeline Partners 8353 SIERRAAVENUE(RO. BOX518) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA ~ recycled paper C'ity of Fontana CALIFORNIA July 16, 1992 Hr. R. L. Wetze] Santa Fe Pactftc Ptpeltne Partners 888 South Rgueroa Avenue Los Angeles CA 90017 RE: Cypress Avenue Sewer System Construction ProJect Dear Hr. Wetzel: The Ctty of Fontana ts now advertJsJng the Cypress Avenue Sewer System Construction ProJect from Ourupa Avenue to San Bernardlno Avenue for btds, The bid opentrig date ts set for August 13, 1992, at 2:00 P.H., Jn Clty Counctl Chambers at 8535 Sierra Avenue, Fontana. Enclosed is a copy of the Plans, Specifications and Contract Documents for thJs project. if you have any questions or requJre further assistance, please contact John Tesley at 714-350-6642. SIncerely, COHHUNZTY DEVELOPHENT DEPARTHENT Engineering DJvtston Feltpe Holtnos, P.E, Principal Engineer/Capital Improvecents FN:sh Enclosures 8353 SIERRAAVENUE(P,O. BOX518) · FONTAN~ CALIFORNIA92334-0518 · (714)380-7600 SISTER CITY -- KAMLOOP~ I~C. CANADA PIPELINE INSPECTION AGREEMENT THIS AGREEMENT is made and entered into this ~ day ~ y.~and~SFP ~, by and between CITY OF FONTANA, heroinafter referred to as IT P~ L.P., a limited partnership, successor in title and interest in and to all of the riEhts. assets and obligations formerly held by Southern Pacific Pipe Lines, Inc. in its own name, hereinafter referred to as "SFPF". WHEREAS, CITY is proposing construction of the Cypress Avenue Sewer Project in the area described on the map attached hereto as Exhibit "A~ (the "Project Area")i and, WHEREAS, SFPP owns, operates and maintains one 24-inch and one 16-inch petroleum products pipelines and appurtenances within said Project Area; and, WHEREAS, SFPF has prior riEhts within the Southern Pacific Transportation Company right of way by virtue of indenture dated August 14, 1957, NOW. THEREFORE, CITY and SFPF do hereby agree as follows: 1. SFPP shall provide an Inspector durinE construction activities near the pipeline easement in the Project Area so as to avoid damage to SFPP's pipeline. 2. CITY shall pay SFPP the actual cost of pipeline inspection, estimated at $10,000 and in an amount not to exceed $12,000, includinE SFPP inspection personnel. enEineerinE review, company labor additives and 20 percent for associated administrative overhead. 3. CITY shall pay the estimated cost upon CITY's advance notice to SFPP's District HanaEer of work near the pipelines. When the final accountin~ of The actual cost is completed, an itemized statement will be submitted to CITY for review to reconcile any difference between actual and estimated cost. At that time SFPP shall invoice CITY for actual cost in excess of estimate prepaid. or refund payment to CITY of prepayment in excess of actual cost incurred. SFPP shall maintain records of the actual costs incurred and charged or allocated to the work for a period of 3 years in accordance with recoEnized accounTlnE prinpiples. 4. CITY shall indemnify. defend, and save SFPP harmless from and sEalnet any and all liability. claims, demands, damsEes or costs whatsoever for injury to persons (includinE death). or damate to or loss of property (lncludinE property of the parties hereTo) arising in any way out of the construction of the Cypress Avenue sewer. 5. The parties hereto aEree that if any action at law or in equity is necessary to enforce or interpret the terms of this AEreement, the prevailinE party, at the court's discretion, shall be entitled to reasonable Attorney's fees, costs and necessary disbursements in such amounC as the court deems appropriate in addition to any other relief to which it may be entitled. Page T~o 6. This Agreement shall commence on the date first above mentioned. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day first hereinabove written. READ AND APPROVED A8 TO LEGAL FORM AND CONTENT: lark Alsop or Stephen P. Deitsch City Attorney / This doc~nent is the true and /~uniltl ccrapletedocuTent approvedby Cit uncil n~- ~ '1992. Linda S. Nunn, Deputy City Clerk velopment Director Risk Management CITY OF FONTANA A Municipal Corporation ATTEST: a y [~toya SFPP, L.P., by Santa Fe Pacific Pipelines Inc., its sole General Partner BY: J.M. Engelhardt Vice President - Engineering ATTEST: ~R. 0 9 1992 P .A. Hewes, Secretary APPROVED BY LAW DEPT. 1PIA069/nrl 27~ V,C.P S~T~ ~ V~EY ~. ~0~ v.C.P "',", ~ET ~EF (TY~AL) - 51 ~, ~ ~,~x~ J CYPRESS AVE SEWER ~iCINIT~ REk IVED BEST, BEST & KRIEGER JUL Z0 i99Z LAWYERS ARTHUR L, LITTLEWORTH* DOUGLAS S. PHILLIPS* MATT H. MORRIS KEVIN K, RANDOLPH C|Ty ENG|NEER'S OFFICE 4~MISGION SQUARE GLEN E. STEPlIENS* ANTONIA GRAPHOS JEFFREy V, DUNN JAMES B. GILpIN '~7 UNIVERSITY AVENUE WILLIAM R, DeWOLFE* GREGORY K, WILKINSON STEV[N C. DeBAUN MARSHALL S, RUDOL~'H POST OFFICE BOX 1028 BARTON C. GAUT* WYNNE S, FURTH BRANT H. DVEIRIN KIM A, BYRENS pAUL T. SELZ[R, OAVID L, BARON ERIC L, GARNER CyNTHiA M, GERMANO RIVERSIDE, CALIFORNIA ~2502 DALLAS IIOLMES* I:UGENE TANAKA DENNIS M. COTA MARY I:. GILSTRAP TELEPHONE (714)686-1450 CHRISTOPHER L. CARplaNTER* BASIL T, CHAPMAN JULIE HAyWARD BIGGS NGUYEN D. PHAN JUly 16, 1992 Felipe Molinos, Principal Engineer City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, California 92334-0518 Re: Pipeline Inspection Agreement for Cypress Sewer Project Dear Felipe: I am pleased to inform you that Jim Baker, the attorney for Santa Fe Pacific Pipeline, has finally submitted to our office proof of our proposed revisions regarding the above-referenced matter. As you recall, we requested that Santa Fe Pacific Pipeline include in its agreement with its inspection consultant performing inspection work regarding the Cypress Sewer Project, the following language: "On any insurance policy required as part of the agreement between the Inspector and SFPP pursuant to this Agreement, including but not limited to commercial liability insurance, the inspector shall maintain coverage of not less that $2,000,000 per occurrence and include the City of Fontana as an insured. SFPP shall take all steps necessary to ensure that said GPS120658 BEST1 BEST & KRIEGER Felipe Molinos, Principal Engineer City of Fontana July 16, 1992 Page 2 insurance policy(s) remain in full force and effect for the duration of this Agreement." Attached please find a copy of a certificate of insurance and the language incorporating our proposed language into the agreement between SFPP and Edeco Engineering (inspection consultant), as submitted to our office by Jim Baker. If you have any further comments or questions, please do not hesitate to contact me. Glenn Sabine for Best, Best & Krieger City Attorney City of Fontana GPS/ss Enc. cc: Clark H. Alsop, Esq. Stephen P. Deitsch, Esq. Robert W. Weddle, City Engineer (w/enc.) Jay M. Corey, City Manager (w/o enc.) RECEIVED BEST, BEST & KRIEGER JUL 20 1992, LAW Y E R S C:tT~t ENGINEER'S OFFICE ~uZy Z6 ~ Zgg2 Felipe Molinos, Principal Engineer City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, California 92334-0518 Re: Pipeline Inspection Agreement for Cypress Sewer Project Dear Felipe: I am pleased to inform you that Jim Baker, the attorney for Santa Fe Pacific Pipeline, has finally submitted to our office proof of our proposed revisions regarding the above-referenced matter. As you recall, we requested that Santa Fe Pacific Pipeline include in its agreement with its inspection consultant performing inspection work regarding the Cypress Sewer Project, the following language: "On any insurance policy required as part of the agreement between the Inspector and SFPP pursuant to this Agreement, including but not limited to commercial liability insurance, the inspector shall maintain coverage of not less that $2,000,000 per occurrence and include the City of Fontana as an insured. SFPP shall take all steps necessary to ensure that said GPS120658 BEST, BEST Felipe Molinos, Principal Engineer City of Fontana July 16, 1992 Page 2 insurance policy(s) remain in full force and effect for the duration of this Agreement." Attached please find a copy of a certificate of insurance and the language incorporating our proposed language into the agreement between SFPP and Edeco Engineering (inspection consultant), as submitted to our office by Jim Baker. If you have any further comments or questions, please do not hesitate to contact me. Glenn Sabine for Best, Best & Krieger City Attorney City of Fontana GPS/ss Enc. cc: Clark H. Alsop, Esq. Stephen P. Deitsch, Esq. Robert W. Weddle, City Engineer (w/enc.) Jay M. Corey, City Manager (w/o enc.) GPB120658 RVICE CONTRACT NO. J~ NO. THIS AGPaBMENT, madethls 17 dayof .Tn.~. .le q? , by and between SFPP. L.P,, a Limited PartnerShip, which acts so~ely through its general partner, SANTA FE PACIfiC PIPELINES, INC., (together telerred to herein as "PIPELINES'), and Edeco Engineer;fn5 (harein called 'CONTRACTOR'), a (speci~ corporation. Iknlted or 0onetel l:~Iner~ip, ~' indivklual proprietor) 1. CONTRACTOR agrees to speci~ca~ perform, for the consideration stated below et Or near City of Fon~ana Count/Of State ot california the work of prov±ding pipeline inspection services for ~:he Cil:y of ~o~cana~s se',~er project ~e:r.j,5~ro-~s_~venue, C3n any ins~=ance policy =e~=~ ~% ~a?~ ef the a~eemenE '[n~,,cl~n~ %ur l~r~a rn e~m~rn~n] l~ah~l~ty in~u~nc~ ~ C~NT~ACT~R ~hall ma~nt~i: ~n ~ad~t~o~al in~ured. PTPRLINRS shall ta~e all svep.~ necessary tn en~ure that said ~m,r~.~ policy(s) rema~n; in full force an{ effect for the duraCion [u,n8sh~nG, w~th no e~ra c~gOe, a8l ~r, X~m, im~emen~ and marerimes ne~ therein, unle~ othe~]M ~ovlded for ~erein, and Mcufing any nem~ ~fmit$ aM 6~nMs In ~lon ~efew~. 2. CONTRACTOR in ~orming ~e work ~o~d f~ in ~is agreement, ~11M an I~n~nt ~ntra~o r, it being s~cifi~lZy agreed ~at CONT~CTQR. any ~n~a~or. ~ ~e emHoy~s o~ the CONTRACTOR su~ontractor, in ~dorming ~id wo~ ~all not ~ in any way em~o~M ~ agems ~ PIPELIN~S. 3. CONTRACTOR agrees to ~mme~ w~ within ~ 7~ a~er ~le o~ ~is agrHment ~ ful~ complete Mine to the entire ~tJsfa~i~ of RPELJNES Dy ~e ~y of 4. CONTRACTOR shall not M enUtled to a~ hereby wij~a My a~ aB ~ma~ wh~ it may ~er by ~ea~n of PIPELINES' hindering ~ ~la~ng CO~CTOR in ~e ~e~ of ~id wo~ ~ ~y ~n~n thetact. 5. PIPELINES will furnish CONT~CTOR ~ch drawings and expansions as may ~ n~m~ to illustrate the work tO be done, and CONTRACTOR agrees to ~nform tO ~ draw~gs and expansionS, ~do~ming ~id wor~ to t~e ~tlsfamion of PIPELINES In a ~om~ and ~ll~l manner. No N~ent ~ag ~ ma~ f~ e~ra work ~ne. unleM such work shall have been auth~ized by PIPELINES in writing. 6. CONTRACTOR agrees, ~ompt~ u~n re~ng ~ti~ from PIPELINES to ~rr~ all ~nions ~ ~e wor~ which PIPELINES may determine as un~und ~ ~f~ve, or as failing to ~nform with Mid drawings an~ explanations. 7. RIPELINES hereby re~s ~e right to stop ~id w~ at ~y tim, ~ut ~all ~y CONT~CTOR ~ all work ~ne ~n ~nformiW with ~id ~awin~ a~ e~a~ns, ~u8 a r~n~e mount, if ~, m ~ ~termi~ by PIPELINES reprinting Io~ CONT~OR woued in ~ e~nt ~ain ~ro~h mo~y e~ ~ ~s~ to ~ ex~nded by CONTRACTOR through inh~it~n to ~pete ~e work. 8, COMPENSATION: U~n ~m~etion of ~e entire wo~ in ~f~a~ with ~ ~a~ra~ a~ explaeations, PtPaLENES shell ~y to CONTRACTOR in a~r~ wi~ PIPELINES' u~al ~a~i~ of v~edng ac~unts, ~11 ~m~nMtlon u~n ~eMntation o~ in~s f~ ~ wo~, aS oQ a ~me ~d maCec~a~ bas~s acco~d~ to ~he aCcache~ ~Ace 9heats The uses of this form Shall be crmfined to serv~e the ag~'egate cost of which. il~t'uding all cOmC~w~lt will not exceed Twenty live Thousalx:l ($25,0(~0) boilers. Augtot will not paSS vOuchers for paymeflts to be made hereunder in excess of Twenty Five Thousand ($2S,000) Dollars to~' the entire Service to be peMorrned, including com0,onent pans, nor will any additional payments be made on a._-i.,Jnt of work in conneCtfoil wilh the service here,n specified COvered by rne~ns o~' using seOarat8 agreements or orders, -1- t RVICE CONTRACT · NO. RCN No. THIS AGREEMENT, made this. I7 .dayof Tune .19.92 , by and between SFPP, LP., e Limited PannetShip, which acts so/ely through its genera] partner. SANTA FE PACIFIC PIPELINES, INC., (together referred to herein a3 'PIPELINES'}, and Edeco Eng:Lneer.fn~t (herein called 'CONTRACTOR,), (sl;x~iry: corporation. limited ~ genera] parmerglp, of im:f64dUal prOI;xletor) PrlC'DUC~FI THISCERTIFICAT I ~ II. t. ,~ ~AII i|:'l I% :JIV.~I~N{~',I '.'~/..' Tulsa~ aklahoma 14103 ~ COMPANIES AFFORDING COVERAGE LETTliR HARTFORD INSURANCE COMPANY EDECO ? INC, ' .............................................................. 4500 SOUTH GRMNETT .~700 , TULSA, OKLAEOMA V~ 146 .................................. ~ ~=TTSa D iNDICATED. MOTWITHSTANDING ANY REQUIREMErIT, TERM OR CONDITION OF ANy CONTRACT ..~_c.~u_~Lo_~.~p cp~_~,.'rLo_~_s..qLL~c., PoU~!Es. !rIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. C~h~S~:AOEX OWNS"'9 & CO~CTOWS PnOT. ~CH X,.?~uTo 38DUNT,UE4d2 ~11/13/91 ~11/13/92:~;U~T X~4,~ AUTOS CITY OF FQNTANA IS ADDITIONAT_, INSURED,. ATT_MA · SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE -~AMTA FE PACIFIC FIPF_T. TNE !j/EXP[R~I~N DATE THEREOF. THE ]SSL]fMG COMPANY WILL ENDEAVOR TO ~ND C~TY QF FONTANA~ ~A ~ LEFT BUT FAILUR~ TO MAIL SUCH NOTICE SHALL IMPOSt NO ~8LIGATiON OP AT~; MONT~ DUNCAN LIAB;LJTY OF ANY KIND UPON THE COMPANY, ~TS AGENTS OR ~EPREBENTATIVES. ~ENT BY~ ~a/?-18-92 ~ 2=52PM; ~14eB21B3C,~ 35g~81B;# 1 mEZST, erST & KRICGCR · eZeoopier (714) 682-463.2 flL~COl~Y TO, C.t,'A'f C!' FClTZ. et,R FAX: 350-661B ~ DAVY' ' 7/16/92 TIre, 2,45 pm ~ SPECIAL NOTE I P&~S (i~cluding ~his cover sheet)s 6 Pleese call [714) 688-1450 Zx~. 448 or 363 4~ ~:, ~-here are e~y problems receiving this trensmission. Operatorl S'andy 8i~n~ns/J448 tiNT BY: V?-1~-92; 2:52PM; ?146B21Bt~e~ BSDD~I~# ~ Fei~pe Xolinom~ PrinOlpal Eng~mer C~-y ot FontaM 8353 B~er~a Avenue · ,0. a~ 518 Yont~a~ Cml~fo~is 93334-0518 ~a~ Fel~pes " I u pleae~ to' ~0~ you ~t ;~ ~, ~e proo~ ot ~r p~sed ~v~sJo~ ~ga~ ~ 2~s-rm~oed ~ i ~ y~ ~ll, we ~es~d ~a~ S~ta h Paa~o .; P~p ~ ~nol~e ~n ~ qna~ w~th its ~on co~ultant p~fomg inaction work regardl~ ~e ~r~s S~ ~oJeot, followi~ l~gez ~t to ~s ~re~t, inol~g but not ~w~ ~all ~tn~ c~rage gZ n~t lees ~et $3~o00,000 per o~ence a~ ~cluh ~e ci~ oZ F~a as an l~s~ed. S~P ~all ' ~a~ ~l s~eps neoeasa~ ~ ~s~e ~at said I' ~sl~S BENT BY: = ?-1B-92; 2:53PM; ?14~82183~-' 35D~61B;I 3 Fellpel(olinos, Pril~ipal El~ixleer City o~ Yontana July 16,.1992 Page 2 insurance policy(s) remain in ~tll force and affect fo~ the duration oZ this ~rteement. s and ~he lallguaga :at ing Our p~oposed language into the agT~m~n~ between 2FPP a~ B~ x~er~g ( lnspeo~ion consulted), as s~ to ~ o~t~ce by ~im ~. I~ ~u ~ve a~ ~ c~s or ~es~ons~ please no~ .h~itats o cont~c~ me ......... tot ~st, Best i ~i~er . ~ ~, ,_ City of F~ta~ ooc ClarM H. ~so , ~sq. Stephen P. h~e~, Esq. ~ W. W~e, City EnV~o~ ;aya. Corey, City ~a~ (w/o e~.) WITNS RTH: 1. OONTRAGTOR qreee ~ $~ ~m, f~ me ~m~ m~d ~ wo~ Of ~t,~di~el~e ~:p,~c~o~ serfices ~or the Ci~ o~ ~tana'e 4em,,~m~m ~al~q, Ce~mmm~ne 4e full fo~e_a~d ~ec~ furniXing, w~ n~ emra ~e, a; ~, ~ ~peme~ and aw~a ~ovlde f~ hereIn, apd murl~ ~y ~ ~ ~ bins In mn~e~, In N~ M~ W ~ ~t ~ ~ By wly empo~ ~ ~e w PIP~N~ · ~TRA~OR a~e W ~ w~ ~mln ./AeW W ~eteM~mmi~ee~a~PtNEg~m~of ,Is__. 4. ~T~CTOR ~ not ~ end~ ~ ~ Mm~ w~ ~ ~ ~y f,e~n ~ PIP~LINiB' Nnde~ ff Ni~ng G~TOR · me ~m ~ Mid ~.~ ~y ~ ~ref. 5, PIPI~Ni8 will ~ne ~0R: ~ draw~ ~ ex~ aa ~ M ~ l lu~ete whl~ PIPEMNE$ may determine u ~u~ ~ eft, ~ It f~ng ~ ~ ~ M~ drlwl~ i~ ..... :' ~ ' ~ ~' .. 7. plpEUNEBh~m~d~tms~p~dw~it~y~,~WC~~a~rk 1'"HIS AOII. BEMRNT~ me~thle. 27 day~ 'h,,,,i -10.0~ .l~/ind~etwee~llFF'P, Lp,, l Umlted ism't~er~ip, whioh 8~ts ~16~ IbmUgh its general petMr, IANTA (t~lther referred ~ hereIn le 'PIPELINES,}, lnd t~deao ~tt%e~rq ..... , (herGin {Illled *CONTRACTOR,), I tep. c,~hc =c~rs:,n,'e~e~ or ene.u DOll NOT ANiBND, iX'rINB OR AI,TBR THE I;OYERA411G 'fii'111 I~I, TT'I~ P# RQNII,, Tl.i('1,. imf.lallem,xx,.,w ..... · 3~tCl gcm+,h Iom'l:an, fixire 1600 ~u'til, Qk:],~'kom& */4q 03 COMPANIill AFFORDING OOVIRAGI ~ A ~ART~'QItD ZNSUII&NQI i~DICO, 3;NO, .._ ....................- .................;~.~.~ ............................. 4500 BOU't'!~ OARHS]'t'T# e'7'O0 ~"'0 ..,o ,,,= ,,, .._,0,, ,, ,,,,-;,,.-,,J """'"' ' ' :,, , ,,, "'_X'~._.o~m~e~eRNImAt~u~tu'~ i 1 '1;: 71 ' '~.,.~';;;~."' ~0'0~', 0t'0'0' .... ..... .']l~lmw~e~"}~u~. 38tlOtrSg6442 J 3 ~1 11 q3 i': ""' ......... ' ' ' .,"""i~':: '~ ;mo.em.~ ,t ' ITO'O'g',, 01~0 .......... I " i : .,,,~ra.r ,,~ ' ,,~...,.~t~.~, 3es~ssl 11i~3/el I 1/3192 ;.~,~a'~" ....... i l~;"0OQ';;13'go "" ,,,- .' .',... ; : .- '-'..._' '--,..~',;..'.~;-...~ s-;~.a'~""' ;' .ww, t.w u~ ~!j, ' '.'~:,k'-'i;:c.';'~T~l r";'o~tx ;'o a~' m~mR ! I : X ........ done in COmrmlty.lth ~ ~s~nO~.%.a~;:e/m~x~, p,'ue a rcoa,~ea~mcu.~e~,, to be desefmJnecl be experxle{I by CCR, ITI:tACTOFI threajOh. IMibil~c~ to complete I~ work, t,, COMPF, NSATION: Upx~n 0x)mpletlQn of Ihe estella work Ii1 mnol wP, h IiId Ure, wblGa end expmnstlons, PII;GLINI~aS a~ell p, ey to CI:X~I"FIq, ACTOR In scootclerics wflh PIPLq, JNBIt' uIuII b;~ounte, NIl oommneation upon prm~tstlon .r rnvo;;. ~ N work,. ~l~ uM or'this fGrm Ihe, l! be Confined tO lew~dO8 b;'le aggregate Gee Of wNeh, will not exceed Twlri ty II1ve :'J'l'H~Ull, l~l:l {1~5,000) 0,ellilL ~i. UI:IIXY Will f'~t hlreunder In axeIn G| Twenly Five 'rhQunrxl (lll,O00) Dollars I~X the enth~ component iNIrte, not will ~y adoltlo~ll peym4r~l H irlOe o~ i(:;ojlnt of work in Oentax:tlon with the e herein sixGifted coveted by mesns of uel,ng sep~rste sGfge11111n~ Of Ordif& eHOULD ANY OF 1'~tE ABQV~ DEN]RIBED I~I, IOEID ~ ~ I1~ ~ ' MAIL ___ DAYJ WR~EN ~ ~ ~ 0ERTIFIQA'rl H~R N~ID ~ THE ~ QZTY OF ~NTANK~ ~K ~. OUT FAILURe ~ ~IL ~ N~I I~LL IUP06E NO OIUeA~N OR ~N = HO~ DUNQ~ UAIIL~ OF ~Y KI~ ~M ~l ~MP~Y, ~0 A~IN~ 0R RI~MNTATIVII. ;% ....... . .. ~ 'i/, SENT BY| ' -18-92; 2:58PM; 71;,88.~2'+ 3506618;# 9, 'OON~tACI'OR mOreel to tMharge It OhM all liens which may be lied In ~necllofi witll Ille pe'lotlllllgl, ~ tqYlelly I, Ofees N IfidemnlfY incl Mvi PlPgtJNgJ halmhl~ ff~n i~cf lOaMIt Itkl lime; · ~llor S0reiS t0 ~ end ~ harmleft Ind defend PIPIIJNE8 froG1 kidSgins1 any and ai IN4, ell~, ~t~rexpenM~nd~nye~dm~hore~f~r~r~n~n~damqe~r~njufyt~qN~`~j~r/~fd~N percorm (Inaludlng but not limited to much demege or InJuW to ~ or the padin end Ihelr pereonnd and InJu:y or dllt~ of lueh plrlenne0 howmr oc;~urdng, ,used 12y ef arising out of the IL~tl, ledvltfee or orations of OONTRAG'I'OR or Its pera~mnel In eonneCl'ofi wlU1 the performlaCe Of thll; oOnnot. e'jmN to the ,~lent Mueed or altrroullble !o the cole negllgenee of PIPII,INB8 o~ Its pereNroll, I O. Thl {:X~NTRAOTOFI wNTW'41 the CONTRAOTOIq NIl f~ eml~o)sd el' ommr or em~/~ =f PIPII.INIt or lay member of their flmlllee M lolloil or me trds rotmot Under eny sgrement f;r I Rmmlulon, peroefilage, brokerel. or compeneatlon Of Ifiy neturl, Bre;otl or thLt ,wlaaply ehall give PIPEMNEi tl~ fight to tiffOIl tNI ~onluet &qd/or r~V~r Item the OONltA~TOR the ,e. filounl of ~wlm!Miafi, pemanlN~. brokerage, ~ W o~mt3enlltion wtth0ut welva~ of iny U fitfit wlt~fi PIPEUNet ~ ~ imdlr lpplloltl~ll 1'1. Thls ilNm'~ik'lNIIl rmt be m,~l~ned,.ublet or~rm~lerr~l ln whde m'ln l~ut l~/OONTRAOTOR. exeePt Witll !hi IXe'AoUl writted oonaent of PIPEt. INII,,.-.i.: 11. Thlea;'eememehelmlretolhebenefitofandbeblndlnOupenthehein;,~m,e~, ".~'~ '~. .,rL .,,L !. 11, CONTRACTOR lh;ll oeml~/wlttt lIE lippplMable !lwl ind regulltloM eon~emlnO dtv6 teltit;, of mardoLe meterMll, mlteiy, iloenmee and odaer requlrementm to leg~W oompMte the wo~ ~~m ettentfon le dreotedM 4e ~l'e Pari ~ee for drug te.lnO wh~ atMws m~eel to CONI/IAOTOR?i ,lyopefly ilfld re uy me apmjarlete Ooverrnent egener/and PIPELINE8 Or 110 Ilentl for m purpoM ~f fll~nodr~l h dlwgM~oed He~,rd CdolmunlMtJon P~0rem Mlmuei Mr ever/etNIon ~le in the ldpellne mm whlah fe '. evNleble Mr Inape4tlM alan I~Per requel, 14. PIPELINE8 e~'eHly reter~le the r~iht to luclft the're~l~ of OONTRAC~:~ o0noe~fllg tl~ oontrt~t d(jr1~ normal buelnelo houra:lft~ giving CONTRACTOR rtllor~M MIIoO, ., IN WlTNIglWHEREOF,~lplfileBhlretohBveexeoutldthlMixelentltNIl~lt~cl~~ SPPP, L.P. ',!: CONTRAt~wrOB. (tNNmek~w)' A I,lm~ed Palflnetehl; , !y: IANTA FI PAOIFI~ PIPELINEI, INO, Ol~efll Partner '. ',:'* ...... j , ~ flY; , &Y!. -',.L' 01lgnNurd , ~- ...... '~S tlgnamrN ': .... lda) WITN~gatD IOTI: If In in~r;x3filted gotfiNny. lOtcement allouId be executed by li~ akL.'lheabld ~1~ef ~ ~ MI t~Je 9Clfe~f| if I gerleraf or I/ruffed la'tne'ahlg~ by I gefletaJ pellet le Indies. ling; o~etwlee, rignOtre child be ~tlded by erl employee of PtPGLJN~, if Priedcable. If r,~ t)y a diddlerested ix~. ._ eaed pepue~,x3 BEST, BEST & KRIEO ER LAWYERS ~a~ 5~ 1992 Tom Lantz Attorney at Law 888 S. Figueroa St. Los Angeles, California 90017 Re: Pipeline Inspection Agreement for Cypress Sewer Project Dear Mr. Lantz: This letter serves to confirm our recent telephone conversation in which you informed me that your client, Santa Fe Pacific Pipeline, has agreed to require that the contractor performing the inspection under the above-referenced agreement indemnify the City of Fontana. In addition, at your request, I am again submitting to you the indemnification language as follows: "On any insurance policy required as part of the agreement between the Inspector and SFPP pursuant t9 this Agreement, including but limited to commercial liability insurance, the inspector shall maintain coverage of not less than $2,000,000 per occurrence and include the City of Fontaria as an insured. SFPP shall take all steps necessary to ensure that said insurance policy(s) remains in full force and effect for the duration of this Agreement." Finally, we request that your client forward to our office a copy of the Agreement between SFPP and the inspection company which includes the above indemnification language. GPS10848~ " ' BEST, BEST & KRIEGER Tom Lantz Attorney at Law May 5, 1992 Page 2 Please contact me if you have any further comments or questions. for Best, Best & Krieger City Attorney City of Fontana cc: ~ipe Molinos GpS10848/,, · Santa Fe Pacific Pipeline Partners, L.P. 888 South Figueroa Street, Los Angeles, California 90017 213/614-1095 FAX 213/486-7940 Santa Pe Pacific Pipelines, Inc. GeneralPartner ENG 12-1 (RCN 46988) SFPP, L.P. Operating Partnership March 9, 1992 Felipe Molinos Principal Engineer CITY OF FONTANA P.O. Box 518 Fontana, California 92334-0518 Dear Mr. Molinos: This is in reply to your letter of February 27, 1992 regarding the Pipeline Inspection Agreement for the Cypress Avenue sewer project. The suggested additions to Items #2 and 3 are acceptable. The indemnification language in Item #4 has been changed to cover construction of the sewer, deleting reference to maintenance and use of the sewer. The proposal to insert an indemnification of City by SFPP is not acceptable. There is no reason for SFPP to accept any liability under this agreement, since it is simply providing an inspector to insure the safety of its pipelines during activity by the city near them. Enclosed are two revised copies of the agreement for the city's execution and return to SFPP. If it is not acceptable, please have your legal counsel contact Mr. T.A. Lance, our legal council, at (213) 486-7930 to work out the details. Sincerely, Enclosures 069GTR1/nrl City of Fontana CALIFORNIA February 27, 1992 Hr. George Reed Ptpellne Engtneer Santa Fe Pacific P~pe]~ne Partners, L.P. 888 South Ftgueroa Street Los Angeles, CA 90017 RE: Proposed Cypress Avenue Sewer Project tn Fontaria Dear Hr. Reed: We recetved your Pipeltne inspection Agreement for the above referenced project. Per our legal counsel, Hr. Steven C, DeBaun of Best, Best and Krteger, there are some ~nclustons and modifications that the C~ty would l~ke to ~ncorporate ~n the ftnal agreements. (The comments are attached). Nr. DeBaun wtll contact your office so that the language tn the agreement can be worked out to the satisfaction of both parttes. AgMn, stnce thts project needs to be constructed ~n a fast track process, we appreciate any help you can gtve tn expediting the process. If you have any questions or need additional information, please call the undersigned at 714-350-6641. Thank you for your attention to this matter. SIncerely, COHHUNITY DEVELOPHENT DEPARTHENT Engineering Division Feltpe Holtnos, P.E, Principal Engineer/Capital improvements FN:sh Enclosure cc: R. Weddle, Ctty Engtneer N. Tebbets, NBS/Lowry, San Diego H. R1ebe, NBS/LowPy, San D~ego R. L, Wetzel, SFPP, Supervisor, Ptpellne Engineering J, Arambula, SFPP, Dtstrtct Engtneer 8353 SIERRA AVENUE(P O. BOX 5t8) · FONTANA CALIFORNIA92334-0518 · (714)350-7600 SISTER CITY -- KAMLOOPS, B.C, CANADA · SFPP PIPELINE INSPECTION AGREEMENT INSERT 1 5. SFPP hereby agrees to indemnify, defend and hold City harmless Erom and against any loss, liability or expense by reason of claims of loss, damage or injury of persons or property arising out of any negligent action or omission or witiful misconduct of SFPP under this Agreement. - 3 - PIPELINE INSPECTION AG~EEMENT THIS AGREEMENT is made and entered into this day of , 1992, by and between CITY OF FONTR/~A, heroinafter referred to as "CITY" and SFF~, L.P., a limited partnership, successor in title and interest in and to all of the rights, assets and obligations formerly held by Southern Pacific Pipe Lines, Inc. in its own name, heroinafter referred to as - WITNESSETH - WHEREAS, CITY is proposing construction of the Cy ross Avenue Sewer ProjectF''{~ ~e ~ ~cn~ o~+~e ~.~_.~ ~EREAS, SFPP owns, operates and maintains one 24-inch and one 16-inch petroleum products pipelines and appurtenances within said Project Area; and, ~EREAS, SF~ has prior rights within the Southern Pacific Transpor=ation Company right of way by virtue of indenture dated August 14, 1957, NOW, THEREFORE, CITY and S~PP do hereby agree as follows: 1. 8F~P shall provide an Inspector during constmction activities near the pipeline easement in the Project Area so as =0 avoid damage to SFPP's pipeline. 2. CZTY shall pay SFPP the actual cost inspection, estimated at $10,000~ including SFPP inspection personnel, engineering review, company labor additives and a~pF~imaZely 20 percent for associaued% administrative overhead. 3. CITY shall pay the estimated cost upon CITY's advance notice to SF~P's District Manager of work near the pipelines. ~en the final accounting of the actual cost is completed, an itemized statement will be submitted to CITY for review ~o reconcile any difference between actual and estimated cost. At that time 8F~ shall invoice CITY for actual cost in excess of estimate prepaid, or refund paten= to CITY of propaten= in excess of actual cos= incurred. SF~P shall maintain records of the acEual. costs incurred and charged allocated to the work in accordance with recognized accounting principles~ 4o~ ~ ~ 4. CITY hereby agrees =o defend, and hold hamless 8FWP from and against any loss, liability, or expense by reason claims of loss, damage or injury of persons or pro~er~y arising out~ef ~he i~s~alla~ion, maintenanGe or use Page Two ; 5. The parties hereto agree that if any action at law or in equity is necessary to enforce Or interpret the tens of this Agreement, the prevailing party, at the court's discretion, shall be entitled to reasonable Attorney's fees, costs and necessary disbursements in such amount as the court deems appropriate in addition to any other relief to which it may be entitled. 6. This Agreement shall commence on the date first above mentioned. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day first hereinabove written. CITY OF FONTA~A BY: SEEATTACHED SI~ATLq~EPAG~ Name Title ATTEST: Name Title SFPP, L.P., by Santa Fe Pacific Pipelines Inc., its sole General Partner BY: J.M. Engelhardt Vice President Engineering ATTEST: P.A. Hewes, Secretary lPIA351/nrl · READ AND APPROVED AS TO'~GAL FORM AND CONTENT: Clark Alsop or Stephen P. Deitsch City Attorney This document is the true and complete document approved by City Council on , leg2. Linda S. Nunn Deputy City Clerk Greg Hulsizer Community Development Director Jennifer Vaughn Blakely Compliance Officer Michael Sokol Risk Management CITY OF FONTANA A Municipal Corporation Jay M. Corey City Manager ATTEST: Kathy Montoye City Clerk BEST, BEST & KRIEQER Nay 5~ Z992 Tom Lantz Attorney at Law 888 S. FiguerCa St. Los Angeles, California 90017 Re: Pipeline Inspection Agreement for Cypress Sewer Project Dear Mr. Lantz: This letter serves to confirm our recent telephone conversation in which you informed me that your client, Santa Fe Pacific Pipeline, has agreed to require that the contractor performing the inspection under the above-referenced agreement indemnify the City of Fontana. In addition, at your request, I am again submitting to you the indemnification language as follows: "On any insurance policy required as part of the agreement between the Inspector and SFPP pursuant tq this Agreement, including but limited to commercial liability insurance, the inspector shall maintain coverage of not less than $2,000,000 per occurrence and include the City of Fontana as an insured. SFPP shall take all steps necessary to ensure that said insurance policy(s) remains in full force and effect for the duration of this Agreement." Finally, we request that your client forward to our office a copy of the Agreement between SFPP and the inspection company which includes the above indemnification language. GPS108484 BE:ST, E~ST & KRIE:GE:R Tom Lantz Attorney at Law May 5, 1992 Page 2 Please contact me if you have any further comments or questions. for Best, Best & Krieger City Attorney City of Fontana cc: ~elipe Molinos GPS108484 Santa Fe Pacific Pipeline Partners, L.P. 888 South Figueroa Street, Los Angeles, California 90017 213/614-1095 FAX 213/486-7940 Santa Fe Pacific Pipelines, Inc. GeneralPartner ENG 12-1 (RCN 46988) 8FPP, L.P. Operating Partnership March 9, 19 9 2 Felipe Molinos Principal Engineer CITY OF FONTANA P.O. Box 518 Fontana, California 92334-0518 Dear Mr. Molinos: This is in reply to your letter of February 27, 1992 regarding the Pipeline Inspection Agreement for the Cypress Avenue sewer project. The suggested additions to Items #2 and 3 are acceptable. The indemnification language in Item #4 has been changed to cover construction of the sewer, deleting reference to maintenance and use of the sewer. The proposal to insert an indemnification of City by SFPP is not acceptable. There is no reason for SFPP to accept any liability under this agreement, since it is simply providing an inspector to insure the safety of its pipelines during activity by the city near them. Enclosed are two revised copies of the agreement for the city's execution and return to SFPP. If it is not acceptable, please have your legal counsel contact Mr. T.A. Lance, our legal council, at (213) 486-7930 to work out the details. Sincerely, R.L. We ~, Supervisor Pipel neerin~ Enclosures 069GTR1/nrl C of Fontana LIFORNIA February 27, 1992 Nr. 8eorge Reed Pipeline Engineer Santa Fe Pacific Pipeline Partners, L.P. 888 South Figueroa Street Los Angeles, CA 90017 RE: Proposed Cypress Avenue Sewer Project in Fontana Dear Nr. Reed: We received your Pipeline Inspection Agreement for the above referenced project. Per our legal counsel, Nr. Steven C. DeBaun of Best, Best and Krieger, there are some inclusions and modifications that the City would like to incorporate in the final agreements. {The con~nents are attached). Nr. OeBaun will contact your office so that the language in the agreement can be worked out to the satisfaction of both parties. Again, since this project needs to be constructed in a fast track process, we appreciate any help you can give in expediting the process. If you have any questions or need additional information, please call the undersigned at 714-3B0-6641. Thank you for your attention to this matter. Sincerely, COMMUNITY DEVELOPNEHT DEPARTMENT Engineering Dtvtsion Felipe Noltnos, P.E. Principal Engineer/Capital Improvements FM:sh Enclosure cc: R. Weddle, City Engineer N. Tebbets, NBS/Lowry, San Diego H. Riebe, NBS/Lowry, San Diego R. L. Wetzel, SFPP, Supervisor, Pipeline Engineering a. Arambula, SFPP, District Engineer 8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA, CALIFORNIA 92334-0518 · (714) 350-7600 SISTER CITY -- KAMLOOPS, B.C. CANADA " SFPP PIPELINE INSPECTION AGREEMENT INSERT I 5. SFPP hereby agrees to indemnify, defend and hold City harmless from and against any loss, liability or expense by reason of claims of loss, damage or injury of persons or property arising out of any negligent action or omission or wiliful misconduct of SFPP under this A~reement. SC0959~7 - 3 - PIPELINE INSPECTION AGl%EEMENT THIS AGREEMENT is made and entered into this day of , 1992, by and between CITY OF FOMTANA, hereinafter referred to as "CITY" and SFPP, L.P., a limited partnership, successor in title and interest in and to all of the rights, assets and obligations formerly held by Southern Pacific Pipe Lines, Inc. in its own name, hereinafter referred to as "SFPP", - WITNESSETH - WHEREAS, CITY is proposing construction of the Cy tess Avenue Sewer Project~''~n +~e ~ ~scr~ o^~ ~.~4~c~e~ ~e+o ~s ~EREAS, SFPP owns, operates and maintains one 24-inch and one 16-inch petroleum products pipelines and appurtenances within said Project Area; and, ~EREAS, SFPP has prior rights within the Southern Pacific Transportation Company right of way by virtue of indenture da~ed August 14, 1957, NOW, THEREFORE, CITY and SFPP do hereby agree as follows: 1. SFPP shall provide an Inspector during conmtmction activities near the pipeline easement in the Project Area so as to avoid damage to SFPP's pipeline. 2. CITY shall pay SFFP the actual cost of pi~eline inspection, estimated at $10,000~ Including SFPP inspection personnel, engineering review, company labor additives and a~pro~(imatcly 20 percent for associated~ administrative overhead. 3. CITY shall pay the estimated cost upon CITY's advance notice to SFPP's District Manager of work near the pipelines. ~en the final accounting of the actual cost iS completed, an itemized statement will be submitted CITY for review zo reconcile any difference between actual and estimated cost. At that time SFP~ shall invoice CITY for actual cost in excess of estimate prepaid, or refund pa~en= to CITY of prepa~en= in excess of actual cost incurred. SF~P shall maintain records of the actual costs incurred and charged or allocated to the work in accordance with recognized accounting principles~"~ ~o~ ~ ~ o~ 5 4. CITY hereby agrees ~o defend, and hold hapless SFPP from and against any loss, liability, or expense by reason of claims of loss, damage or injury of persons or proper~y arising out~e~ t~e ims~alla~i~m, maintenance or use Page Two 5. The parties hereto agree that if any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party, at the court's discretion, shall be entitled to reasonable Attorney's fees, costs and necessary disbursements in such amount as the court deems appropriate in addition to any other relief to which it may be entitled. 6. This Agreement shall commence on the date first above mentioned. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day first hereinabove written. CITY OF FONTANA BY: SEE ATTACHED SIGNATURE PAGE Name Title ATTEST: Name Title SFPP, L.P., by Santa Fe Pacific Pipelines Inc., its sole General Partner BY: J.M. Engelhardt Vice President Engineering ATTEST: P.A. Hewes, Secretary 1PIA351/nrl READ AND APPROVED AS TO LEGAL FORH " AND CONTENT: Clark Alsop or Stephen P. Deitsch City Attorney This document is the true and complete document approved by City Council on , 1992. Linda S. Nunn Deputy City Clerk Greg Hulsizer Community Development Director Jennifer Veughn Blakely Compliance Officer Hlchaet Sokol Risk Hanagement CITY OF FONTANA A Hunicipal Corporation Jay H. Corey City Hanager ATTEST= Kathy Nontoya City Clerk Santa Fe Pacific Pipeline Partners, L.P. 888 South Figueroa Street, Loe Angeles, California 90017 213/614-1095 FAX 213/486-7940 CITY ENGINEER'~ OFFICE Santa Fe Pacific Pipelines, Inc. GeneralPartner ENG 4-2-1 (44.57-1) 8FPP, L.P. ENG 4-2-1 (57.51-108) Operating Partnership December 19, 1991 Felipe Molinos Principal Engineer, Capital Projects CITY OF FONTANA P.O. Box 518 Fontaria, California 92334-0518 Dear Mr. Molinos: This is in reply to your letter of December 5, 1991 regarding the Cypress Avenue sewer project. Enclosed are two copies of a pipeline inspection agreement providing for the city's payment of SFPP's inspection costs associated with this work. An SFPP inspector is required due to the close proximity of the jacking pit on the south side of the railroad to SFPP's 16-inch high pressure refined petroleum products pipeline. Please arrange for execution of both copies by the city and return to this office. After execution by SFPP, one copy will be returned for your files. The plans recently forwarded by the city to SFPP are satisfactory. Execution of the Inspection Agreement will complete the approvals required by SFPP. Related questions or comments may be directed to Mr. G.T. Reed at (213) 486-7736. Sincerely, Enclosure 351GTR1/nrl PIPELINE INSPECTION AGREEMENT THIS AGREEMENT is made and entered into this day of , 1992, by and between CITY OF PONTANA, hereinafter referred to as "CITY" and SFPP, L.P., a limited partnership, successor in title and interest in and to all of the rights, assets and obligations formerly held by Southern Pacific Pipe Lines, Inc. in its own name, hereinafter referred to as "SFPP", - WITNESSETH - WHEREAS, CITY is proposing construction of the Cypress Avenue Sewer Project. WHEREAS, SFPP owns, operates and maintains one 24-inch and one 16-inch petroleum products pipelines and appurtenances within said Project Area; and, WHEREAS, SFPP has prior rights within the Southern PaOific Transportation Company right of way by virtue of indenture dated August 14, 1957, NOW, THEREFORE, CITY and SFPP do hereby agree as follows: 1. SFPP shall provide an Inspector during construction activities near the pipeline easement in the Project Area so as to avoid damage to SFPP's pipeline. 2. CITY shall pay SFPP the actual cost of pipeline inspection, estimated at $10,000, including SFPP inspection personnel, engineering review, company labor additives and approximately 20 percent for associated administrative overhead. 3. CITY shall pay the estimated cost upon CITY's advance notice to SFPP'S District Manager of work near the pipelines. When the final accounting of the actual cost is completed, an itemized statement will be submitted to CITY for review to reconcile any difference between actual and estimated cost. At that time SFPP shall invoice CITY for actual cost in excess of estimate prepaid, or refund payment to CITY of prepayment in excess of actual cost incurred. SFPP shall maintain records of the actual costs incurred and charged or allocated to the work in accordance with recognized accounting principles. 4. CITY hereby agrees to defend, and hold harmless SFPP from and against any loss, liability, or expense by reason of claims of loss, damage or injury of persons or property arising out of the installation, maintenance or use of the Cypress Avenue sewer. Page Two 5. The parties hereto agree that if any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party, at the court's discretion, shall be entitled to reasonable Attorney's fees, costs and necessary disbursements in such amount as the court deems appropriate in addition to any other relief to which it may be entitled. 6. This Agreement shall commence on the date first above mentioned. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day first hereinabove written. CITY OF FONTANA BY: SEE ATTACHED SIGNATURE PAGE Name Title ATTEST: Name Title SFPP, L.P., by Santa Fe Pacific Pipelines Inc., its sole General Partner BY: J.M. Engelhardt Vice President - Engineering ATTEST: P.A. Hewes, Secretary 1PIA351/nrl READ AND APPROVED AS TO LEGAL FORM AND CONTENT: Clark A]sop or Stephen P, Dettsch City Attorney This document ls the true and complete document approved by City Council on , 1992. Ltnda S, Nunn Deputy City Clerk Greg Hulstzer Community Development Director Jennifer Vaughn Blakely Compliance Officer Michael Sokol Risk Management CITY OF FONTANA A Municipal Corporation Jay M. Corey City Manager ATTEST: Kathy Montoya City Clerk PIPELINE INSPECTION AGREEMENT THIS AGREEMENT is made and entered into this day of , 1992, by and between CITY OF FONTANA, hereinafter referred to as "CITY" and 8FPP, L.P., a limited partnership, successor in title and interest in and to all of the rights, assets and obligations formerly held by Southern Pacific Pipe Lines, Inc. in its own name, hereinafter referred to as "SFPP", - WITNESSETH - WHEREAS, CITY is proposing construction of the Cypress Avenue Sewer Project. WHEREAS, SFPP owns, operates and maintains one 24-inch and one 16-inch petroleum products plpelines and appurtenances within said Project Area; and, WHEREAS, SFPP has prior rights within the Southern Pacific Transportation Company right of way by virtue of indenture dated August 14, 1957, NOW, THEREFORE, CITY and SFPP do hereby agree as follows: 1. SFPP shall provide an Inspector during construction activities near the pipeline easement in the Project Area so as to avoid damage to SFPP's pipeline. 2. CITY shall pay SFPP the actual cost of pipeline inspection, estimated at $10,000, including SFPP inspection personnel, engineering review, company labor additives and approximately 20 percent for associated administrative overhead. 3. CITY shall pay the estimated cost upon CITY's advance notice to SFPP's District Manager of work near the pipelineso When the final accounting of the actual cost is completed, an itemized statement will be submitted to CITY for review to reconcile any difference between actual and estimated cost. At that time 8FPP shall invoice CITY for actual cost in excess of estimate prepaid, or refund payment to CITY of prepayment in excess of actual cost incurred. SFPP shall maintain records of the actual costs incurred and charged or allocated to the work in accordance with recognized accounting principles. 4. CITY hereby agrees to defend, and hold harmless SFPP from and against any loss, liability, or expense by reason of claims of loss, damage or injury of persons or property arising out of the installation, maintenance or use of the Cypress Avenue sewer. Page Two 5. The parties hereto agree that if any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party, at the court's discretion, shall be entitled to reasonable Attorney's fees, costs and necessary disbursements in such amount as the court deems appropriate in addition to any other relief to which it may be entitled. 6. This Agreement shall commence on the date first above mentioned. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day first hereinabove written. CITY OF FONTANA BY: SEE ATTACHED SIGNATURE PAGE Name Title ATTEST: Name Title SFPP, L.P., by Santa Fe Pacific Pipelines Inc., its sole General Partner BY: J.M. Engelhardt Vice President - Engineering ATTEST: P.A. Hewes, Secretary 1PIA351/nrl READ AND APPROVED AS TO LEGAL FORH AND CONTENT: Clark Alsop or Stephen P. Deitsch City Attorney This document is the true and complete document approved by City Council on , 1992. Ltnda S. Nunn Deputy City Clerk Greg Hulstzer Community Development Director Oennlfer Vaughn Blakely Compliance Officer Hichael Sokol Risk Management CITY OF FONTANA A Hunictpal Corporation Jay M. Corey City Manager ATTEST= Kathy Montoya City Clerk Santa Fe Pacific )*rpeline Partners, L.P. 888 Souih Fiqueroa Street, Los Angeles, California 90017 213/614-109S FAX 213/486-7940 CITY ENGINEER'S OFF~C~ Santa Fe Pacific Pipelines, Inc. General Partner ENG 4-2-1 (44.57-1) SFPP, L.P. ENG 4-2-1 (57.51-108) Operating Partnership December 19, 1991 Felipe Molinos Principal Engineer, Capital Projects CITY OF FONTANA P.O. Box 518 Fontana, California 92334-0518 Dear Mr. Molinos: This is in reply to your letter of December 5, 1991 regarding the Cypress Avenue sewer project. Enclosed are two copies of a pipeline inspection agreement providing for the city's payment of SFPP's inspection costs associated with this work. An SFPP inspector is required due to the close proximity of the jacking pit on the south side of the railroad to SFPP's 16-inch high pressure refined petroleum products pipeline. Please arrange for execution of both copies by the city and return to this office. After execution by SFPP, one copy will be returned for your files. The plans recently forwarded by the city to SFPP are satisfactory. Execution of the Inspection Agreement will complete the approvals required by SFPP. Related questions or comments may be directed to Mr. G.T. Reed at (213) 486-7736. Sincerely, R.L. et~"~l, Supervisor Pipeline Engineering Enclosure 351GTR1/nrl TYPICAL PIPE CASING PIPELINE INSPECTION AGREEMENT THIS AGREEMENT is made and entered into this day of , 1991, by and between CITY OF FONTANA, hereinafter referred to as "CITY" and SFPP, L.P., a limited partnership, successor in title and interest in and to all of the rights, assets and obligations formerly held by Southern Pacific Pipe Lines, Inc. in its own name, hereinafter referred to as "SFPP", - WITNESSETH - WHEREAS, CITY is proposing construction of the Cypress Avenue Sewer Project. WHEREAS, SFPP owns, operates and maintains one 24-inch and one 16-inch petroleum products pipelines and appurtenances within said Project Area; and, WHEREAS, SFPP has prior rights within the Southern Pacific Transportation Company right of way by virtue of indenture dated August 14, 1957, NOW, THEREFORE, CITY and SFPP do hereby agree as follows: 1. SFPP shall provide an Inspector during construction activities near the pipeline easement in the Project Area so as to avoid damage to SFPP's pipeline. 2. CITY shall pay SFPP the actual cost of pipeline inspection, estimated at $10,000, including SFPP inspection personnel, engineering review, company labor additives and approximately 20 percent for associated administrative overhead. 3. CITY shall pay the estimated cost upon CITY'S advance notice to SFPP's District Manager of work near the pipelines. When the final accounting of the actual cost is completed, an itemized statement will be submitted to CITY for review to reconcile any difference between actual and estimated cost. At that time 8FPP shall invoice CITY for actual cost in excess of estimate prepaid, or refund payment to CITY of prepayment in excess of actual cost incurred. SFPP shall maintain records of the actual costs incurred and charged or allocated to the work in accordance with recognized accounting principles. 4. CITY hereby agrees to defend, and hold harmless SFPP from and against any loss, liability, or expense by reason of claims of loss, damage or injury of persons or property arising out of the installation, maintenance or use of the Cypress Avenue sewer. Page Two 5. The parties hereto agree that if any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party, at the court's discretion, shall be entitled to reasonable Attorney's fees, costs and necessary disbursements in such amount as the court deems appropriate in addition to any other relief to which it may be entitled. 6. This Agreement shall commence on the date first above mentioned. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day first hereinabove written. CITY OF ~ONTANA BY: Name Title ATTEST: Name Title SFPP, L.P., by Santa Fe Pacific Pipelines Inc., its sole General Partner BY: J.M. Engelhardt Vice President - Engineering ATTEST: P.A. Hewes, Secretary 1PIA351/nrl v RECORD OF TELEPHO,,~ CONVERSATION CITY OF FONTANA ey F.P/- I tem~ Oiscussed City of Fontana CALIFORNIA December 5, 1991 Hr. R. L. Wetzel Supervisor - Pipeline Englneering Santa Fe Pacific Pipeline Partners, L.P. 888 South Flgueroa Street Los Angeles, CA 90017 RE: Proposed Cypress Avenue Sewer ProJect Dear Mr. Wetzel: The City of Fontaria is in the process of obtaining the necessary permits for the construction of the Cypress Avenue sewer project. We will be constructing this project starting May of lgg2 as a part of the City sewer master plan. Please refer to previous correspondence {copies enclosed) on this project. We have also enclosed one copy of the pertinent sheets of the project. In response to your letter dated October 17, 19g0 to the design engineer, NBS/Lowry, Engineers and Planners, San Diego Office, we have the following update: Notes 1 and 2 {or sections thereof) have been incorporated into the plans. Also, plans show updated casing size and elevations. Please review the updated information and send any requirement that has to be met or updated document that has to be executed by the City of Fontaria. The timely construction of this project is vital for capacity relief of existing lines and for falling in line with the operation deadline of Kaiser Permanente Hospital explansion which is now underway. 8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA. CALIFORNIA 92334-0518 · (714) 3504600 SISTER CITY -- KAMLOOPS, B.C. CANADA Hr. R. L. Wetzel December 5, 1991 Page Two If you have any questions or need any additional information, please call the undersigned at 714-350-6641. Thank you for your attention to this matter. Sincerely, CONMUNITY DEVELOPMENT DEPARTNENT Engineering Division Felipe Molinos, P.E. Principal Engineer, Capital Projects FM:sh Enclosures cc: R. Weddle, City Engineer Matt Tebbetts, NBS/Lowry, San Diego Harry Riebe, NBS/Lowry, San Diego Oohn Arambula, SFPP District Engineer Santa Fe Pacifi~-,~ipel/ne Partners, L.P. Salt& Fe Paclfio l:~pelines~ Inc. General 888 ~ou~ F~uero~ Street Los Angeles. Ca~fornia 90017 ENG ~13/814-109S (57.5~, ~08) ~13/488-7940 (FAX) Mr. ,.T. Standish E:CF, jVED NBS/LOWRY 10920 Via Frontera OCT San Diego, California 92128-0100 NBS/LOW~Y Dea~ Mr. Standish: INCORPG~ATED Please refer to previous correspondence regarding Santa Fe Pacific Pipelines Inc., facility in the vicinity of the City of Fontana. This is in reference to the proposed Cypress Street Sewer. Santa Fe Pacific Pipelines Inc., (SFPP) a public utility common carrier of refined petroleum products owns and operates a 18 and 20 inch high pressure refined petroleum products pipeline in subject area as shown on the enclosed pipeline alignment L.S. I Sheet 70 and L.S. 108 Sheet 76. Information regarding exact facility location and depth may be obtained through Mr. J.M. Goss, SFPP District Manager at (714) 877-2373. Any potholing performed to determine exact location and depth will be done at your expense. We are unable at this time to approve any construction or development regarding our pipeline and easement on the basis of the drawings you have submitted. To assist you in developing your plans we offer the following information: 1. Design utility crossings below SFPP's pipeline with a minimum of two (2) feet of clearance. When crossings are installed, SFPP, L,P.'s pipeline shall be exposed by hand in the presence of an SFPP inspector at the point of crossing prior to the use of power equipment. This will be required whether crossing is by trenching or by boring. Backfill around the pipeline must be either sand or rock free dirt and must be hand compacted. Please include this note on the construction prints. Mr. R.T. Standish October 17, 1990 Page Two 2. Provide for extra protection for the pipeline at any points where construction vehicles will be working within the pipeline easement. At locations requiring cutting of the existing grade a minimum of three (3) of cover over the pipeline must be left undisturbed. Additional fill installed over the pipeline must be placed with light equipment and hand compacted until a minimum of three (3) feet of cover is attained. The extent of protection required where construction vehicles will cross the pipeline, a function of pipeline depth, will be determined by SFPP and will probably consist of building a small ramp or installing heavy timbers over the pipeline. Written permission must be received from SFPP before construction vehicles can be operated within the SFPP easement. 3. In the interest of public safety, an SFPP inspector will be assigned to monitor construction within the pipeline easement. The estimated cost is $300.00 per man per day plus travel time. This will be multiplied by the number of days you estimate to take to complete your work in or on our easement and is payable in advance by the City of Fontana. Upon completion of the inspection, a bill will be submitted for review together with invoice or voucher as needed to reconcile the difference between actual and estimated cost. 4o The City of Fontana agrees to and waives any and all claims for consequential damages to the sewer resulting from any maintenance, inspection, repair, construction or reconstruction of SFPP facilities. 5. Any relocation that may be recFuired by the proposed development will be done at the expense of the City of Fontana. Execution of a Pipeline Agreement which defined responsibility for the relocation, and procurement of a suitable relocation easement will be necessary before the pipeline can be relocated. Mr. R.T. Standish October 17, 1990 Page Three Generally, the developer will be invoiced for the estimated amount prior to the relocation. Upon completion of the relocation, a final accounting of actual cost will be made, and an itemized statement will be submitted to the developer for review, together with an invoice or voucher to reconcile any difference between actual and estimated cost. Please indicate your acknowledgment of the above in the space provided and return in the envelope we have provided. Thank you for the advance notice of your project.. Please keep us informed as the project progresses. Any general questions should be directed to Mr. M.J. Belavic at (213) 486-7761. Sincerely / we l SuperviS~r-Pipeline Engineering APPROVED: Signature: Date: Title: Enclosure(s) MJB/1015/2893/nrl E89-012.003 AuguSt 30, 1990 Mr. Mike Belavic SOUTHER~ PACIFIC RAILROAD 888 South Figueroa Los Angeles, CA 90017 REF: CYPRESS STREET SEWER CITY OF FONTANA On behalf of the City of Fontana Public Works Department, we are submitting the attached set of preliminary plans for your review. These plans show the construction of a major sanitary sewer line in Cypress Avenue from Valley Boulevard south to Jurupa Avenue. This sewer line may start construction in the fall of 1991 depending upon the sewage demands in the contributary areas. Please review the plans regarding the crossing of Southern Pacific Railroad. It is plannned to bore a pipe casing under I~10 at a depth of approximately 20 feet. The City is requesting a written confirmation that you have reviewed the plans and stated any concerns regarding the railroad crossing. Please return your response to our office by September 17, 1990. R. T. 8TANDISB, tsn cc: Andrew Trachman Jim Strodtbeck Felipe Molinos Yousuf Patanwala 10920 'Via ,-"Lr:=ra · ~O Box .2S~00 · San 3,egc CA 9212~.0100 · (6~9) 485-1500 · (8~% 578-71-:C FAX !6~91 487-2C68 V RECORD OF TELEPHO~,{ CONVERSATION CITY OF FONTANA Job NO. sv ~.~c ~ Project (.-~/~r~J' ~v~ . ~ . Organization SF ~. I terns Discussed BSI-PQ06 2/8n FAX CONRUNZCATZONS FROM FAX NUMBER: '1' (714) 350-6618 PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: ,70,//,A/ ~/2~/~UL~/~ LOCA**O"/P"O"E: ~-~-~- ~- / (~'~) FAX NUMBER: ('7/9) 277- LOCATION / PHONE: ~. ¢~F F~ ACCOUNT NUMBER: (including covet shee~) [F YOU DO NOT RECEIVE ALL OF THE PA~[S, _ FL~SE CALL (7~4) 8353 SIERRA AVENUE P.O.BOX 518 FONTANA, CALIFORNIA 92334-0518 PHONE NUMBER (71~) 350-7600 DEC. 1990 SKY ' SEWER LATERAL CONNECTION DETAIL P. Ol ~ TRANSAOTION REPORT , NOV-22-gl FRI g:42 ~ DATE START REOEIVER TX TIME PAGES TYPE NOTE ~ NOV-22 9:38 88??8088 5'4B~ 8 SEND OK ~ Santa Fe Pacific Pipeline Partners, L.P. Santa Fe Pacific Pipelines, Inc. General PaFmer SSS South Figueroa Street Los Angeles. California 90017 ENG 4-2-1 (44 · 57, 1) 213/614-10S5 (57.52, 10S) Z 13/4S6-7S40 (FAX) October 17, 1990 Mr. R.T. Standish RECF-.IVED NBS/LOWRY 10920 Via Frontera 0CT 18 I~90 san Diego, California 92128-0100 Dear Mr. Standish: NSS/LOW~y INCORPORATED S.D, Please refer to previous correspondence regarding Santa Fe Pacific Pipelines Inc., facility in the vicinity of the City of Fontana. This is in reference to the proposed Cypress Street Sewer. Santa Fe Pacific Pipelines Inc., (SFPP) a public utility common carrier of refined petroleum products owns and operates a 16 and 20 inch high pressure refined petroleum products pipeline in subject area as shown on the enclosed pipeline alignment L.S. 1 Sheet 70 and L.S. 108 Sheet 76. Information regarding exact facility location and depth may be obtained through Mr. J.M. Goss, SFPP District Manager at (714) 877-2373. Any potholing performed to determine exact location and depth will be done at your expense. We are unable at this time to approve any construction or development regarding our pipeline and easement on the basis of the drawings you have submitted. To assist you in developing your plans we offer the following information: 1. Design utility crossings below SFPP's pipeline with a minimum of two (2) feet of clearance. When crossings are installed, SFPP, L.P.'s pipeline shall be exposed by hand in the presence of an SFPP inspector at the point of crossing prior to the use of power equipment. This will be required whether crossing is by trenching or by boring~ Backfill around the pipeline must be either sand or rock free dirt and must be hand compacted. Please include this note on the construction prints. Mr. R.T. Standish October 17, 1990 Page Two Provide for extra protection for the pipeline at any points where construction vehicles will be working within the pipeline easement. At locations requiring cutting of the existing grade a minimum of three (3) of cover over the pipeline must be left undisturbed. Additional fill installed over the pipeline must be placed with light equipment and hand compacted until a minimum of three (3) feet of cover is attained. The extent of protection required where construction vehicles will cross the pipeline, a function of pipeline depth, will be determined by SFPP and will probably consist of building a small ramp or installing heavy timbers over the pipeline. Written permission must be received from SFPP before construction vehicles can be operated within the SFPP easement . 3. In the interest of public safety, an SFPP inspector will be assigned to monitor construction within the pipeline easement. The estimated cost is $300.00 per man per day plus travel time. This will be multiplied by the number of days you estimate to take to complete your work in or on our easement and is payable in advance by the City of Fontana. Upon completion of the inspection, a bill will be submitted for review together with invoice or voucher as needed to reconcile the difference between actual and estimated cost. 4. The City of Fontana agrees to and waives any and all claims for consequential damages to the sewer resulting from any maintenance, inspection, repair, construction or reconstruction of SFPP facilities. 5. Any relocation that may be required by the proposed development will be done at the expense of the City of Fontana. Execution of a Pipeline Agreement which defined responsibility for the relocation, and procurement of a suitable relocation easement will be necessary before the pipeline can be relocated. Mr. R.T. Standish October 17, 1990 Page Three Generally, the developer will be invoiced for the estimated amount prior to the relocation. Upon completion of the relocation, a final accounting of actual cost will be made, and an itemized statement will be submitted to the developer for review, together with an invoice or voucher to reconcile any difference between actual and estimated cost. Please indicate your acknowled~ent of the above in the space provided and return in the envelope we have provided. Thank you for the advance notice of your project. Please keep us info~ed as the project progresses. Any general Westions should be directed to Mr. M.J. Belavic at (213) 486-7761. Sincerely Supervisor-Pipeline Engineering APPROVED: Signature: Date: Title: Enclosure(s) ~B/1015/2893/nrl ® Santa Fe Pacific Pipeline Partners, L.P. Santa Pe Pacific Pipelines, Inc. (~eneral Paztner S88 South Figueroa Street Los Angeles, California 90017 ENG 4-2-1 (44 · 57, 1 ) 213/614-1096 (57.52, 108) 213/486-~'940 (FAX) October 17, 1990 .r.Standish RECEIVED NBS/LOWRY 10920 Via Frontera OCI 18 1990 san Diego, California 92128-0100 NBS/LOWRY Dear Mr. Standish: INCORPORATED S,D. Please refer to previous correspondence regarding Santa Fe Pacific Pipelines Inc., facility in the vicinity of the City of Fontana. This is in reference to the proposed Cypress Street Sewer. Santa Fe Pacific Pipelines Inc., (SFPP) a public utility common carrier of refined petroleum products owns and operates a 16 and 20 inch high pressure refined petroleum products pipeline in subject area aS shown on the enclosed pipeline alignment L.S. 1 Sheet 70 and L.S. 108 Sheet 76. Information regarding exact facility location and depth may be obtained through Mr. JoM. Goss, SFPP District Manager at (714) 877-2373. Any potholing performed to determine exact location and depth will be done at your expense. We are unable at this time to approve any construction or development regarding our pipeline and easement on the basis of the drawings you have submitted. To assist you in developing your plans we offer the following information: 1. Design utility crossings below'SFPP's pipeline with a minimum of two (2) feet of.clearance. When crossings are installed, SFPP, L.P.'s pipeline shall be exposed by hand in the presence of an SFPP inspector at the point of crossing prior to the use of power equipment. This will be required whether crossing is by trenching or by boring. Backfill around the pipeline must be either sand or rock free dirt and must be hand compacted. Please include this note on the construction prints. Mr. R.T. Standish october 17, 1990 Page Two 2. Provide for extra protection for the pipeline at any points where construction vehicles will be working within the pipeline easement. At locations requiring cutting of the existing grade a minimum of three (3) of cover over the pipeline must be left undisturbed. Additional fill installed over the pipeline must be placed with light equipment and hand compacted until a minimum of three (3) feet of cover is attained. The extent of protection required where construction vehicles will cross the pipeline, a function of pipeline depth, will be determined by SFPP and will probably consist of building a small ramp or installing heavy timbers over the pipeline. Written permission must be received from SFPP before construction vehicles can be operated within the SFPP easement. 3. In the interest of public safety, an SFPP inspector will be assigned to monitor construction within the pipeline easement. The estimated cost is $300.00 per man per day plus travel time. This will be multiplied by the number of days you estimate to take to complete your work in or on our easement and is payable in advance by the City of Fontana. Upon completion of the inspection, a bill will be submitted for review together with invoice or voucher as needed to reconcile the difference between actual and estimated cost. 4. The City of Fontana agrees to and waives any and all claims for consequential damages to the sewer resulting from any maintenance, inspection, repair, construction or reconstruction of SFPP facilities. 5. Any relocation that may be required by the proposed development will be done at the expense of the City of Fontana. Execution of a Pipeline Agreement which defined responsibility for the relocation, and procurement of a suitable relocation easement will be necessary before the pipeline can be relocated. Mr. R.T. Standish october 17, 1990 Page Three Generally, the developer will be invoiced for the estimated amount prior to the relocation. Upon completion of the relocation, a final accounting of actual cost will be made, and an itemized statement will be submitted to the developer for review, together with an invoice or voucher to reconcile any difference between actual and estimated cost. Please indicate your acknowledgment of the above in the space provided and return in the envelope we have provided. Thank you for the advance notice of your project. Please keep us informed as the project progresses. Any general questions should be directed to Mr. M.J. Belavic at (213) 486-7761. Sincerely ~. L. W~/ Super~._~r-Pipeline Engineering APPROVED: Signature: Date: Title: Enclosure(s) MJB/1015/2893/nrl Santa Fe Pacific Pipeline Partners, L.P. Santa Fe Pacific Pipelines, Inc. General Pax~ner SSS South Figueroa Street Los Angeles, California 90017 ENG 4-2-1 (44.57, 1) 213/614-1095 (57.52, 108) 213/486-7940 (FAX) October 17, 1990 .r. Standish RECEIVED ~BS/~OWR¥ 10920 Via Frontera OCT 18 1990 san Diego, California 92128-0100 NB$/LOW~y Dear Mr. Standish: INCORPORATED 5.D. Please refer to previous correspondence regarding Santa Fe Pacific Pipelines Inc., facility in the vicinity of the City of Fontana. This is in reference to the proposed Cypress Street Sewer. Santa Fe Pacific Pipelines Inc., (SFPP) a public utility common carrier of refined petroleum products owns and operates a 16 and 20 inch high pressure refined petroleum products pipeline in subject area as shown on the enclosed pipeline alignment L.S. 1 Sheet 70 and L.S. 108 Sheet 76. Information regarding exact facility location and depth may be obtained through Mr. J.M. Goss, SFPP District Manager at (714) 877-2373. Any potholing performed to determine exact location and depth will be done at your expense. We are unable at this time to approve any construction or development regarding our pipeline and easement on the basis of the drawings you have submitted. To assist you in developing your plans we offer the following information: 1. Design utility crossings below SFPP's pipeline with a minimum of two (2) feet of clearance. When crossings are installed, SFPP, L.P.'s pipeline shall be exposed by hand in the presence of an SFPP inspector at the point of crossing prior to the use of power equipment. This will be required whether crossing is by trenching or by boring. Backfill around the pipeline must be either sand or rock free dirt and must be hand compacted. Please include this note on the construction prints. Mr. R.T. Standish october 17, 1990 Page Two 2. Provide for extra protection for the pipeline at any points where construction vehicles will be working within the pipeline easement. At locations requiring cutting of the existing grade a minimum of three (3) of cover over the pipeline must be left undisturbed. Additional fill installed over the pipeline must be placed with light equipment and hand compacted until a minimum of three (3) feet of cover is attained. The extent of protection required where construction vehicles will cross the pipeline, a function of pipeline depth, will be determined by SFPP and will probably consist of building a small ramp or installing heavy timbers over the pipeline. Written permission must be received from SFPP before construction vehicles can be operated within the SFPP easement. 3. In the interest of public safety, an SFPP inspector will be assigned to monitor construction within the pipeline easement. The estimated cost is $300.00 per man per day plus travel time. This will be multiplied by the number of days you estimate to take to complete your work in or on our easement and is payable in advance by the City of Fontana. Upon completion of the inspection, a bill will be submitted for review together with invoice or voucher as needed to reconcile the difference between actual and estimated cost. 4. The City of Fontana agrees to and waives any and all claims for consequential damages to the sewer resulting from any maintenance, inspection, repair, construction or reconstruction of SFPP facilities. 5. Any relocation that may be required by the proposed development will be done at the expense of the City of Fontana. Execution of a Pipeline Agreement which defined responsibility for the relocation, and procurement of a suitable relocation easement will be necessary before the pipeline can be relocated. Mr. R.T. Standish October 17, 1990 Page Three Generally, the developer will be invoiced for the estimated amount prior to the relocation. Upon completion of the relocation, a final accounting of actual cost will be made, and an itemized statement will be submitted to the developer for review, together with an invoice or voucher to reconcile any difference between actual and estimated cost. Please indicate your acknowledgment of the above in the space provided and return in the envelope we have provided. Thank you for the advance notice of your project. Please keep us informed as the project progresses. Any general questions should be directed to Mr. M.J. Belavic at (213) 486-7761. Sincerely Supervisor-Pipeline Engineering APPROVED: Signature: Date: Title: Enclosure(s) MJB/1015/2893/nrl Santa Fe Pacific Pipeline Partners, L.P. Santa Fe Pacific Pipelines, Inc. General Paztner 885 South Figueroa Street nosAngeles, Callfornlag0017 ENG ~-2-Z (44.57, 1) 218/486-7940 (FAX) October ~7, ~990 Mr...T. Standish RECEIVED 10920 Via Frontera OCT 18 1990 San Diego, California 92128-0100 Dear Mr. Standish: NBS/LOW~¥ INCORPORATED S.D. Please refer to previous correspondence regarding Santa Fe Pacific Pipelines Inc., facility in the vicinity of the City of Fontana. This is in reference to the proposed Cypress Street Sewer. Santa Fe Pacific PipelineS Inc., (SFPP) a public utility common carrier of refined petroleum products owns and operates a 16 and 20 inch high pressure refined petroleum products pipeline in subject area as shown on the enclosed pipeline alignment L.S. 1 Sheet 70 and L.S. 108 Sheet 76. Information regarding exact facility location and depth may be obtained through Mr. J.M. Goss, SFPP District Manager at (714) 877-2373. Any potholing performed to determine exact location and depth will be done at your expense. We are unable at this time to approve any construction or development regarding our pipeline and easement on the basis of the drawings you have submitted. To assist you in developing your plans we offer the following information: 1. Design utility crossings below SFPP's pipeline with a minimum of two (2) feet of clearance. When crossings are installed, SFPP, L.P.'s pipeline shall be exposed by hand in the presence of an SFPP inspector at the point of crossing prior to the use of power equipment. This will be required whether crossing is by trenching or by boring. Backfill around the pipeline must be either sand or rock free dirt and must be hand compacted. Please include this note on the construction prints. Mr. R.T. Standish October 17, 1990 Page Two 2. Provide for extra protection for the pipeline at any points where construction vehicles will be working within the pipeline easement. At locations requiring cutting of the existing grade a minimum of three (3) of cover over the pipeline must be left undisturbed. Additional fill installed over the pipeline must be placed with light equipment and hand compacted until a minimum of three (3) feet of cover is attained. The extent of protection required where construction vehicles will cross the pipeline, a function of pipeline depth, will be determined by SFPP and will probably consist of building a small ramp or installing heavy timbers over the pipeline. Written permission must be received from SFPP before construction vehicles can be operated within the SFPP easement. 3. In the interest of public safety, an SFPP inspector will be assigned to monitor construction within the pipeline easement. The estimated cost is $300.00 per man per day plus travel time. This will be multiplied by the number of days you estimate to take to complete your work in or on our easement and is payable in advance by the City of Fontana. Upon completion of the inspection, a bill will be submitted for review together with invoice or voucher as needed to reconcile the difference between actual and estimated cost. 4. The City of Fontana agrees to and waives any and all claims for consequential damages to the sewer resulting from any maintenance, inspection, repair, construction or reconstruction of SFPP facilities. 5. Any relocation that may be required by the proposed development will be done at the expense of the City of Fontana. Execution of a Pipeline Agreement which defined responsibility for the relocation, and procurement of a suitable relocation easement will be necessary before the pipeline can be relocated. Mr. R.T. Standish October 17, 1990 Page Three Generally, the developer will be invoiced for the estimated amount prior to the relocation. Upon completion of the relocation, a final accounting of actual cost will be made, and an itemized statement will be submitted to the developer for review, together with an invoice or voucher to reconcile any difference between actual and estimated cost. Please indicate your acknowledgment of the above in the space provided and return in the envelope we have provided. Thank you for the advance notice of your project. Please keep us informed as the project progresses. Any general questions should be directed to Mr. M.J. Belavic at (213) 486-7761. Sincerely APPROVED: Signature: Date: Title: Enclosure(s) MJB/1015/2893/nrl