Laserfiche WebLink
<br />923792.1 <br />(d) No Interference With Railroad Operations. Licensee shall perform its work in <br />such manner and at such times as shall not endanger or interfere with the safe operation of the <br />tracks and property of Railroad and traffic moving on such tracks, as well as wires, signals, <br />pipelines, utilities and other property of Railroad, its tenants or licensees, at or in the vicinity of <br />the work. All work contemplated in this Agreement shall be performed in a good and worker-like <br />manner to the satisfaction of the parties, and each portion shall be promptly commenced by the <br />party obligated to do the same and thereafter diligently prosecuted to completion in its logical <br />order and sequence. <br />(e) Repair of Damage. Licensee shall take protective measures necessary to keep <br />Railroad’s facilities, including track ballast, free of sand or debris resulting from its operations. In <br />the event of any damage to Railroad’s facilities resulting from Licensee’s operations, Railroad shall <br />notify Licensee in writing with a description of the purported damage. The parties shall promptly <br />meet to discuss the purported damage and the responsibility for the costs of any repair or <br />replacement necessitated by such damage. <br />(f) Underground Facilities. Licensee shall be solely responsible at its own cost <br />for identifying the location of all pipelines (including, but not limited to, high pressure petroleum, <br />gas and water pipelines), fiber optic lines and all other utilities of whatever nature on the <br />Property, and for relocating all said pipelines and utilities which would interfere with Licensee’s <br />Work. Licensee shall relocate, or arrange for the relocation by a third-party contractor approved <br />by Railroad, any and all Railroad signal lines and Railroad communication facilities, the existing <br />location of which would interfere with the Work, at Licensee’s sole cost and expense, unless other <br />arrangements are made by separate agreement. Absence of markers does not constitute a <br />warranty by Railroad of the absence of subsurface installations. It shall be Licensee’s <br />responsibility to determine the existence of any underground facilities and Licensee shall call <br />Underground Service Alert at 1-800-642-2444 prior to beginning any work on the Property. Since <br />there is the possibility of the existence of pipelines or other structures beneath the Property, if <br />Licensee should excavate or drill, then Licensee’s forces shall explore such structures with hand <br />tools to a depth of at least eight feet (8’) below the surface of the ground or, at Licensee’s option, <br />use suitable detection equipment, prior to drilling or excavating with mechanized equipment. <br />(g) Storage. Licensee shall not pile or store any tools or other materials or park <br />any equipment, when not in use, closer to the center of nearest railroad track then permitted by <br />the following permanent clearances: <br />(i) 25’-0” horizontally from center line of track; and <br />(ii) 22’-6” vertically above top of rail. <br />The placement of piles, forms, braces, shoring, false work, or other construction supports <br />shall be in accordance with Appendix H of the most current Caltrans Trenching and Shoring <br />manual. <br />Walkways with railings shall be constructed by Licensee over open excavation areas when <br />in close proximity of tracks, and railings shall not be closer than 8’-6” horizontally from centerline <br />of the nearest track, if tangent, or 9’-6” if curved. Any infringement on the above temporary <br />construction clearances due to the Licensee’s operations shall be submitted to Railroad for <br />approval, and shall not be undertaken until approved by Railroad. When the temporary vertical <br />ATTY/AGR.2026.195/JPB License - Recycled Water at Beech (REV: 07-09-26 VR) (Page 16 of 29) <br />7.G. - Page 32 of 104 <br />130