HomeMy WebLinkAboutNorth County Transit District (NCTD); 2008-12-09; 228.9-1208-ROE-CAR' .-'
228.9-1208-ROE-CAR
RIGHT OF ENTRY PERMIT
THIS RIGHT OF ENTRY PERMIT ("Permit"), entered into as of December 9,
2008 between the NORTH COUNTY TRANSIT DISTRICT (''NCTD") and CITY OF
CARLSBAD, ("Permittee").
RECITALS
A. NCTD is the owner of certain railroad right-of-way assets extending from Orange
County to San Diego and from Oceanside to Escondido (the "Right-of-Way"). The
Right-of-Way is in active use for the operation of freight trains (by the Burlington
Northern Santa Fe Railway Company ["BNSF"]), intercity passenger trains (by the
National Railroad Passenger Corporation ["AMTRAK"], and Southern California
Regional Rail Authority ["METRO LINK"]), and commuter trains (by NCTD).
B. Permittee desires to enter onto and use that portion of the Right-of-Way more
particularly described in Exhibit A attached hereto (the "Permit Area").
C. NCTD is willing to allow Permittee to enter onto and use a portion of the Right-of-
Way, provided that Permittee's entry and use do not interfere with the NCTD's
operations, including response to emergencies and routine maintenance, or the safe use
of the Right-of-WaybyNCTD or its agents, BNSF, AMTRAK, and METROLINK,
and provided that Permittee's entry and use are in strict accordance with terms and
conditions set forth in this Permit.
NOW THEREFORE
NCTD and Permittee agree as follows:
1. Basic Permit Terms.
1.1 Permit Fee: One Thousand Dollars($ 1,000.00).
1.2 Expense Reimbursement Deposit: To be determined.
1.3 Permit Expiration Date: Completion of task or April 30, 2009
1.4 Permitted Use: Construct the Carlsbad Emergency Storm Water Repair and
Realignment Project per plans on file with NCTD, approximate MP 228.9.
1.5 NCTD Permit Coordinator: Edward J. Singer, Real Estate Asset Administrator
Telephone number: (760) 966-6556
1.6 Permittee's Address: 1635 Faraday Avenue
Carlsbad, CA 92008
Telephone Number: (760) 602-2787
j 1.1 Emergency Number: (760) 967-6700
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2. · Grant of Permit. NCTD hereby permits Permittee to enter upon and use the Permit
Area for the purpose and during the time periods set forth in this Permit.
3. Permit Fee. Permittee shall pay to NCTD, in advance, the non-refundable Permit Fee
set forth in section 1.1 as partial consideration for the rights and privileges set forth in
this Permit. The Permit Fee is payable to North County Transit District on or before
execution of this Permit.
4. Cost Reimbursement. In addition to the Permit Fee, Permittee shall reimburse NCTD
for all costs and expenses incurred by NCTD in the review of Permittee's request for
this Permit, Permittee's entry upon and use of the Permit Area, and review and
inspection of any work performed in the Permit Area; markout of railroad facilities;
inspection, flagging, and security services; and installation, removal, repair, and
restoration of the Right-of Way and railroad facilities. Upon execution of this Permit,
Permittee shall deposit with the NCTD the Expense Reimbursement Deposit amount
set forth in section 1.2. NCTD may deduct the costs and expenses from the Expense
Reimbursement Deposit as such costs and expenses are incurred. Costs of services
provided by NCTD employees will be charged at the employees' fully loaded
productive hourly rate (monthly salary and benefits divided by 150 hours). Services
provided by NCTD consultants, equipment rentals, and other third party costs will be
charged at cost plus a 7 .2% administrative fee. Upon demand by NCTD, Permittee
shall make any additional deposits that NCTD determines are necessary to reimburse
NCTD for the costs and expenses incurred by NCTD. In the event that the costs and
expenses incurred by NCTD exceed the amounts deposited, Permittee shall reimburse
NCTD for all such costs and expenses within 30 days of invoice.
5. Use of Right of Way.
5.1 Permitted Use. Permittee's entry upon and use of the Permit Area is solely for the
purpose set forth in section 1.4.
5.2 Time of Use.
a. Permittee shall not enter upon or use the Permit Area or any Right-of-Way until
Permittee has paid the Permit Fee set forth in section 1.1, paid the Expense
Reimbursement Deposit set forth in section 1.2, satisfied the safety conditions
set forth in section 5.3(d), and delivered to NCTD the evidence of insurance set
forth in section 8.
b. Permittee shall deliver to NCTD a written Flag Protection Right-of-Way Work
Request, in the form attached as Exhibit B, not less than three (3) business ·days
prior to each entry upon the Permit Area. The need for flag protection shall be
determined in the sole discretion of the NCTD's Manager of Maintenance of
Way. In the event that the Manager of Maintenance of Way determines that
flag protection is necessary, Permittee shall not enter upon or use the Permit
Area until flag protection has been provided. NCTD shall use reasonable
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228.9-1208-ROE-CAR
efforts to provide flag protection on the dates and times of Permittee's requested
entries, provided that any work by NCTD or its agents, BNSF, AMTRAK or
METRO LINK that requires flag protection shall take priority. NCTD shall not
be liable for any costs, expenses, or claims if flag protection is not provided on
Permittee's requested dates or times of entry.
c. The NCTD's Manager of Maintenance of Way has the right to approve the dates
and times that Permittee may use the Permit Area.
d. This Permit and Permittee's rights hereunder shall terminate automatically upon
the completion of the purpose stated in section 1.4, or at 5:00 p.m. on the
Permit Expiration Date set forth in section 1.3, which ever is first to occur.
5.3 Restrictions on Use.
a. Permittee has no right to use any portion of the Right-of-Way other than the
Permit Area for any purpose.
b. No use by Permittee shall interfere with or delay any railroad operations on the
Right-of-Way or interfere with or cause damage to any railroad facilities.
c. Permittee shall protect all railroad facilities, public and private improvements,
utilities, communication lines, survey and subdivision monuments, and other
facilities oflike character, existing or constructed during the term of this Permit
upon, over, under, or across the Right-of-Way from damage from Permittee's
use. Permittee shall promptly replace or repair all such improvements or
facilities which are destroyed or damaged as a result of any entry by Permittee
under this Permit. Permittee shall bear the entire cost of replacement or repairs
of any and all improvements and facilities damaged or destroyed by reason of
Permittee's use under this Permit, whether such improvements or facilities are
owned by NCTD or any other owner. Any repair or replacement shall be to the
satisfaction, and subject to the approval ofNCTD or the owner of the
improvements or facilities.
d. Every individual who will be entering upon the Right-of-Way under this Permit,
before entering onto the Right-of-Way, shall first attend a class conducted by
the NCTD or the NCTD's designee on Railroad Worker Protection Safety rules
and regulations. Permittee shall comply with the SDNR rules and regulations
of the San Diego Northern Railway and the Track Safety Standards, Part 213,
Subpart A-F, Class of tracks 1-5, Federal Railroad Administration (FRA) at all
times while on the Right-of-Way. Such rules and regulations include, but are
not limited to, the wearing of hard hats, protective goggles, reflective vests and
steel-toed (or equivalent) shoes at all times while working on the Right-of-Way.
All costs of the safety training and of complying with the NCTD's safety
requirements will be at the expense of the Permittee.
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228.9-1208-ROE-CAR
e. Permittee shall be solely responsible for compliance with all federal, state, and
local laws, regulations, rules, and orders applicable to Permittee's entry upon
and use of the Right-of-Way. Permittee shall obtain all federal, state, and local
permits and approvals applicable to Permittee's entry upon and use of the Right-
of-Way.
f. Permittee shall not cause or permit any hazardous material to be used, stored,
transported, generated, or disposed in or about the Right-of-Way by Permittee,
Permittee's agents, employees, contractors, licensees, or invitees. "Hazardous
Material" means any hazardous, toxic, or infectious substance, material, or
waste which is or becomes regulated by any local governmental entiry, the State
of California, or the United States government under any law, regulation or
ordinance.
g. No object which can be moved by two persons shall be left on the Right-of-
Way unattended. This requirement also applies to objects above and/or outside
the Right-of-Way on the uphill side which can be thrown or rolled downhill
onto the track(s).
5.4 As-Built Drawings. Permittee shall provide NCTD with a set of as-builts, hard
copy, and electronic file, if available, within 30 days of acceptance of work. No
excess deposited funds will be released until as-builts are submitted and signed by a
licensed engineer in the State of California.
6. Improvements and Work.
6.1 No Permanent Improvements. This Permit does not authorize Permittee to place
any improvements or facilities in the Right-of-Way that will remain in the Right-of-
Way after the termination of this Permit. Any such improvements or facilities can
be authorized only by a separate written license or agreement between NCTD and
Permittee or the owner of the improvements or facilities, which license or
agreement shall contain such other terms, conditions, covenants, representations,
and warranties as NCTD, in NCTD's sole and absolute discretion, determines to be
appropriate, including, without limitation, provisions relating to maintenance, term,
payments for use of the Right-of-Way, relocation, indemnity, and insurance.
6.2 Approval of Work. Permittee shall deliver to NCTD, for NCTD's review and
approval, drawings, specifications, and other construction documents describing
any proposed work in the Permit Area in sufficient detail to enable NCTD to
determine the scope and nature of the proposed work and the potential effect of
such work on the Right-of-Way and the train operations. NCTD may approve or
disapprove any work in NCTD's sole and absolute discretion, and NCTD may
require such changes or impose such conditions as NCTD, in its sole and absolute
discretion, deems necessary or appropriate. In the event that NCTD approves any
proposed work, the work by Permittee in the Permit Area shall be done in
compliance with the drawings, specifications, and documents approved by NCTD,
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228.9-1208-ROE-CAR
with the terms and conditions set forth in this Permit, and with all applicable
federal, state, and local laws, rules, regulations, permits, and orders. Permittee shall
only use a contractor approved by NCTD. NCTD shall have the right inspect the
work to determine whether the work is performed in accordance with the terms and
conditions of this Permit and to order Permittee to correct or remove any work that
does not comply with the terms and conditions of this Permit. Permittee shall
reimburse NCTD for the costs of inspections and costs of furnishing any flag
protection for the work.
6.3 No Representation or Warranties Regarding Work. NCTD's review and inspection
of the drawings, specifications, construction documents, and work is for the
purpose of examining the general arrangement, design, and details of the work for
potential impact on the Right-of-Way and railroad operations. NCTD and NCTD's
employees, consultants, and agents assume no responsibility for and make no
representations or warranties, express or implied, as to the design, condition,
workmanship, or adequacy of the drawings, specifications, construction documents,
or work. No review, comments, requirements, or inspection shall relieve Permittee
or Permittees engineers, contractors, subcontractors, or consultants from the entire
responsibility for the errors or omissions in the drawings, specifications, or
construction documents, or for the quality or adequacy of the work.
6.4 Permittee's Notification Requirements.
a. Permittee shall contact the NCTD Permit Coordinator named in section 1.5 of
the Basic Permit Terms prior to the start of any construction work for a markout
ofNCTD facilities. Please be advised that NCTD is not a member of Dig Alert.
b. Permittee shall contact Dig-Alert at (800) 422-4133 prior to any excavation in
the Right-of-Way.
c. Permittee shall contact Underground Service Alert for MCI
Telecommunications installations at (800) 227-2600 prior to any excavation in
the Right-of-Way.
d. Permittee shall immediately stop work and notify NCTD Permit Coordinator if
Permittee encounters any Hazardous Materials or suspected Hazardous
Materials in the Permit Area. Permittee shall not take any remedial action in
response to the presence of any Hazardous Materials in or about the Permit
Area, nor enter into any settlement, consent decree, or other compromise in
respect to any claims relating to any Hazardous Materials, without NCTD's
prior written consent.
7. Exculpation and Indemnity.
7.1 Exculpation ofNCTD. NCTD shall not be liable to Permittee for any damage to
Permittee or Permittee's property from any cause. Permittee waives all claims
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228.9-1208-ROE-CAR
against NCTD or its agents, BNSF, AMTRAK, METROLINK, and their
respective directors, officers, employees, and agents for damage to person or
property arising for any reason. Permittee acknowledges that the Right-of-Way is
used for operation of trains operating at high speeds.
7.2 Indemnity. Permittee hereby indemnifies, defends, and holds NCTD and its
agents, BNSF, AMTRAK, and METROLINK and their respective directors,
officers, employees, and agents, harmless from and against any and all liability or
claim of liability, loss or expense, including defense costs and legal fees and
claims for damages of whatsoever character, nature and kind, whether directly or
indirectly arising from or connected with an act or omission of Permittee, or any
employee, agent, invitee, contractor of Permittee, or other person acting by or on
behalf of Permittee on or about the Right-of-Way, including, but not limited to,
liability, expense, and claims for: bodily injury, death, personal injury, or property
damage; provided, however, that nothing herein shall relieve any party
indemnified hereunder from liability to the extent that such liability arises from
such party's sole established negligence or willful misconduct. This indemnity ·
shall not require payment of a claim by NCTD or its agents, BNSF, AMTRAK,
METRO LINK or any of their respective directors, officers, employees, or agents
as a condition precedent to the NCTD's recovery hereunder. Permittee's
obligation to indemnify hereunder shall not be restricted to insurance proceeds, if
any, received by NCTD or its agents, BNSF, AMTRAK, METRO LINK, or their
respective directors, officers, employees, or agents.
7 .3 Delay/Cancellation of Trains. Without limiting the indemnity set forth in section
7.2, Permittee agrees to pay all costs associated with the delay or cancellation of
trains caused by Permittee. Delay charges are estimated to be $2,000 per passenger
train delayed over 30 minutes and may include the cost of busing passengers around
the work area, if necessary.
7.4 Indemnity Not Limited to Insurance Coverage. The requirements as to the types
and limits of insurance coverage to be maintained by Permittee as required by
section 8, and any approval of such insurance by NCTD, are not intended to and
shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by Permittee pursuant to this Permit, including but not limited to the
provisions concerning indemnification.
8. Insurance. Permittee, at Permittee's sole cost and expense, shall procure and maintain
the following insurance:
8.1 Railroad Protective Liability Insurance.
a. Railroad Protective Liability Insurance covering the operations performed by
Permittee or any subcontractor of Permittee within fifty (50) feet vertically or
horizontally of railroad tracks.
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228.9-1208-ROE-CAR
b. The AAR-AASHTO (ISO/RIMA) Occurrence Form (claims-made forms are
unacceptable) shall be issued in the names of the North County Transit District,
San Diego Northern Railroad, Burlington Northern Santa Fe Railway Company,
and National Railroad Passenger Corporation.
c. The Railroad Protective Liability Insurance policy shall have limits of liability
of not less than $5 million per occurrence, combined single limit, for Coverages
A and B, for losses arising out of injury to or death of all persons, and for
physical loss or damage to or destruction of property, including the loss of use
thereof. Additionally, Policy Endorsement CG 28 31 -Pollution Exclusion
Amendment, is required to be endorsed onto the policy. A $5 million annual
aggregate shall apply.
d. At NCTD's request, Permittee shall submit the original Railroad Protective
Liability Insurance Policy to NCTD prior to entry upon the right-of-way
8.2. Commercial General Liability Insurance.
a. Commercial General Liability Insurance covering liability of the Permittee with
respect to all operations to be performed and all obligations assumed by the
· Permittee under the terms of this Permit. Products-completed operations,
independent contractors, and contractual liability coverages are to be included,
with the contractual exclusion related to construction/demolition activity within
fifty (50) feet of the railroad and any X-C-U exclusions deleted.
b. Coverage for commercial general liability shall be at least as broad as Insurance
Services Office Commercial General Liability Coverage (Occurrence Form CG
0001).
c. Coverage for completed operations on Form CG 2037 10, for a period not less
than two (2) years after construction of permanent facilities installed over,
under, upon or across NCTD property.
d. The commercial general liability policy must name North County Transit
District, San Diego Northern Railroad, Burlington Northern Santa Fe Railway
Company, National Railroad Passenger Corporation, Southern California
Regional Rail Authority, and their respective directors, officers, employees,
contractors and agents as additional insureds.
e. Limits shall be no less than two million dollars ($2,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply to the Right-of-Way (with the ISO CG
2503, or ISO CG 2504, or insurer's equivalent endorsement provided to NCTD)
or the general aggregate limit shall be twice the required occurrence limit.
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8.3 Automobile Liability.
a. Automobile liability insurance covering the liability of Permittee arising out of
the use of all owned, non-owned, and hired vehicles which bear, or are required
to bear, license plates according to the laws of California and which are not
covered under the Permittee's Commercial General Liability insurance.
Coverage under this policy shall have limits of liability of not less than $2
million per occurrence, combined single limit, for bodily injury and property
damage (including loss of use) liability.
b. Coverage shall be at least as broad as Insurance Services Office Automobile
Liability Coverage (Form CA 0001), covering Symbol I (any auto).
c. The automobile liability policy must name North County Transit District, San
Diego Northern Railroad, Burlington Northern Santa Fe Railway Company,
National Railroad Passenger Corporation, Southern California Regional Rail
Authority, and their respective directors, officers, employees, contractors and
agents as additional insureds.
d. Limits shall be not less than two million dollars ($2,000,000) for bodily injury
and property damage each accident limit.
8.4 Workers' Compensation and Employer's Liability Insurance.
a. Workers' compensation and employer's liability insurance complying will the
requirements of all applicable laws relating to workers' compensation insurance,
covering or insure all of the Permittee's employees working on or about the
Right-of-Way.
b. Limits shall be no less than two million dollars ($2,000,000) per accident for
bodily injury and disease.
c. By his/her signature hereunder, Permittee certifies that it is aware of the
provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and it
will comply with such provisions in connection with any work performed on the
Site.
d. Any persons providing services with or on behalf of Permittee shall be covered
by workers' compensation ( or qualified self-insurance).
8 .5 Policy Forms. All of the insurance shall be provided on policy forms and through
companies reasonably satisfactory to NCTD.
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228.9-1208-ROE-CAR
8.6 Acceptability of Insurers. Insurance is to be placed with insurers having a current
A.M. Best rating of no less than A-, VII or equivalent or as otherwise approved by
NCTD.
8.7 Evidences and Cancellation of Insurance.
a. Prior to entry on the Right-of-way, Permittee shall file with the Permit
Coordinator a certificate of insurance for the commercial general liability,
automobile liability, and railroad protective liability policies required by section
8, with an original signature of the insurer's representative. An endorsement
shall be attached to the certificate demonstrating that the policy was changed to
reflect the additional insured requirements.
b. Each insurance policy required by this clause shall state or be endorsed to state
. that coverage shall not be amended or canceled, except after thirty (30) days
prior written notice by U.S. mail has been given to NCTD.
9. Default; Termination.
9.1 Default. If Permittee uses the Right-of-Way for any other purpose than as stated in
section 1.4 of the Basic Permit Terms, or fails to act strictly in accordance with the
terms and conditions of this Permit, then NCTD may immediately and without prior
notice to Permittee terminate this Permit and prevent Permittee from using or
remaining upon the Right-of-Way, with or without process oflaw. In the event that
Permittee fails to perform any obligation under this Permit, Permittee shall pay all
costs and expenses incurred by NCTD in obtaining performance of such
obligations, including costs of suit and reasonable attorney's fees.
9.2 Removal of Work. If Permittee fails to complete any work in accordance with the
terms and conditions of this Permit, NCTD may remove such work and restore the
Right-of-Way at the expense of Permittee, and Permittee shall be liable to NCTD
for all costs and damages occasioned thereby.
9.3 Permittee's Obligations on Termination. Upon termination of this Permit, and at
Permittee's sole expense, Permittee shall remove any and all equipment, tools,
vehicles, materials, and other personal property placed on the Right-of-Way or used
in connection with Permittee's entry onto or use of the Right-of-Way and Permittee
shall restore the Right-of-Way in a manner satisfactory to NCTD. Should Permittee
fail or refuse to comply with the terms of this section, NCTD may, at its option,
perform such work. Permittee shall reimburse NCTD for the cost so incurred.
Failure on the part ofNCTD to perform the obligations of Permittee shall not
release Permittee from liability hereunder for loss or damage occasioned thereby.
9.4 Continuing Obligations of Permittee. No termination or cancellation of this Permit
shall relieve or release Permittee from any liability or obligation (whether of
indemnity, payment of costs, or otherwise) which may have attached or accrued
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228.9-1208-ROE-CAR
previous to or which may be accruing at the time of such termination or
cancellation.
10. Notices. Except as otherwise provided in this Permit, any notice required or permitted
to be given hereunder shall be in writing and may be given by personal delivery or by
certified or registered mail, and shall be deemed sufficiently given if delivered or
addressed to Permittee at the address in section 1.6 of the Basic Permit Terms or to
NCTD at North County Transit District, 810 Mission Avenue, Department R,
Oceanside, CA 92054. Mailed notices shall be deemed given upon actual receipt at the
address required, or forty-eight hours following deposit in the mail, postage prepaid,
whichever first occurs. Either party may by notice to the other specify a different
address for notice purposes.
11. Permittee's Agents. Any contractor or subcontractor performing work on, or in
connection with the Permittee's use of or entry onto the Right-of-Way pursuant to this
Permit, shall be conclusively deemed to be the servant and agent of Permittee, acting
on behalf and within the scope of such contractor's or subcontractor's employment for
Permittee.
12. NCTD Agents. Except as otherwise provided in this Permit, the term ''NCTD" shall
include NCTD's staff and employees.
13. NCTD Contacts. The NCTD Permit Coordinator named in section 1.5 serves as a
liaison between NCTD staff and Permittee to assist NCTD staff in the coordination of
the reviews, approvals, and scheduling of NCTD activities in connection with this
Permit. The NCTD Permit Coordinator does not have the authority make agreements
on behalf of NCTD or bind NCTD to any decision.
14. Covenant ofNon-Discrimination. Permittee covenants for itself, and its successors and
assigns, and all persons claiming under and through Permittee, that there shall be no
discrimination or segregation of any person or group of persons on account of sex,
marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of any portion of the Right-of-
Way.
15. No Partnership, Joint Venture or Principal-Agent Relationship. Nothing contained in
this Permit shall be deemed or construed to create the relationship of principal and
agent, or of joint venture, or of partnership between Permittee and NCTD.
16. General Provisions.
16.1 No Further Rights.
a. This Permit constitutes a permit only to enter upon and use the Right-of-Way
for the purpose set forth in section 1.4 of the Basic Permit Terms and shall not
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be construed as granting to Permittee any right-of-possession, estate, title or
interest whatsoever in or to the Right-of-Way, or any part thereof.
b. Permittee hereby acknowledges that it has been informed that NCTD is a
public entity and that the subject property has previously been acquired by
NCTD for a public purpose. Permittee further acknowledges that any rights
acquired under this Permit arose after the date of acquisition of the subject
property and that such rights are subject to termination when the property is
needed by NCTD for the public purpose. Permittee hereby acknowledges
and agrees that at the time of termination of this Permit byNCTD, Permittee
will not be a "displaced person" entitled to any of the relocation assistance
or benefits offered to displaced persons under State or Federal law.
16.2 Modification of Permit. This Permit and any provision, covenant, condition, or
restriction contained herein may be extended, modified, or amended with the
unanimous consent of the Parties. No such extension, modification or .
amendment will be effective until a written instrument setting forth its terms has
been executed by NCTD and Permittee.
16.3 Captions The captions of this Permit are inserted only as a matter of convenience
and for reference. It does not define, limit or describe the scope of intent of this
Permit, and they shall not affect the interpretation thereof.
16.4 Agreement for Exclusive Benefit of Parties Except where expressly provided
otherwise in this Permit, the provisions of this Permit are for the exclusive benefit
of the Parties hereto and not for the benefit of any other person nor shall this
Permit be deemed to have conferred any rights, express or implied, upon any
other person. Neither Permittee, its heirs, legal representatives, successors or
assigns, nor any subsequent assignee, shall assign this Permit or any interest
herein, without first securing the written consent ofNCTD in each instance, and
that at the option ofNCTD, this Permit shall be forfeited by any such
unauthorized assignment, transfer or lease or by any assignment or transfer
thereof by operation oflaw.
16.5 Waiver of Default. A waiver by any Party of any default by another Party must be
in writing, and no such waiver shall be implied from any omission by a Party to
take any action in respect of such default. No express written waiver of any
default shall affect any default or cover any period of time other than the default
and period of time specified in such express waiver. One or more written waivers
of any default in the performance of any provision of this Permit shall not be
deemed to be a waiver of any subsequent default in the performance of the same
provision or any other term or provisions contained herein. The consent or
approval by a Party to or of any act or request by another Party requiring consent
or approval shall not be deemed to waive or render unnecessary the consent or
approval to or of any subsequent similar acts or requests.
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16.6 Successors. This Permit shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns of the parties.
16.7 Governing Laws. This Permit shall be construed, interpreted, governed and
enforced in accordance with the laws of the State of California.
16.8 Time of Essence. Time is of the essence with respect to the performance of each
of the covenants and agreements contained in this Permit.
16.9 Severability. If any clause, sentence, or other portion of the terms, conditions,
covenants, and restrictions of this Permit becomes or is declared to be illegal,
null, or void for any reason, or be held by any court of competent jurisdiction to
be so, the remaining portions of this Permit will remain in full force and effect.
Emergency Number. Permittee shall immediately notify the Dispatcher at the
Emergency Number set forth in section 1.7 if the tracks become fouled in any way.
NORTH COUNTY TRANSIT
DISTRICT
Interim Executive Director
Revised 05-22-07
CITY OF CARLSBAD
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228.9-1208-ROE-CAR
Revised 05-22-07
EXHIBIT "A"
Permit Area
Page 13
. ~
N
A
NTS
EXHIBIT A
WORK AREA LOCATION
NCTD PERMIT APPLICATION
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228.9-1208-ROE-CAR
Exhibit B
Job Name: Control Number: ----------Billable Party: __________ Hours Authoriz.ed:
FLAG PROTECTION
RIGHT-OF-WAY WORK REQUEST
1. Work performed on the NCTD RIGHT-OF-WAY which involves personnel or equipment
must have an NCTD-supplied flagperson for duration of the work, unless specifically
waived by NCTD. Cost of the flag person shall be borne by the party requesting the
the work. Depending on the extent of the worik, NCTD may require the requesting party
to provide a deposit to cover the estimated cost of the flag protection.
2. Work Request form IVlUST BE FILLED OUT COMPLETELY AND RETURNED
TO NCTD A MINIMUM OF 72 HOURS PRIOR TO THE BEGINNING OF THE WORK.
PLEASE RETURN FORM TO:
North County Transit District
810 Mission Avenue
Oceanside, CA 92054
Attention: ED SINGER PHONE: (760) 966-6556 FAX: (760) 754-0644
3. Depending on the nature of the work, NCTD may request a meeting at the job site
prior to approving the work request.
4. Contractor shall sign time cards of personnel providing flag protection.
5. Contractor requesting a flag person will be charged a minimum of four hours show-up time
if no Contractor personnel is on the jobsite at the time and date specified in this request.
NAf\!lE OF CONTRACTOR: PHONE:
BILLABLE PARTY:
Address:
City: State: CA Zip: ---
PURPOSE OF WORK: LOCATION OF WORK:
EQU IPM ENT TO BE USED:
VVORK START DATE: TIME:
COMPLETION DATE: TIME:
PERSON IN CHARGE AT 'NORK SITE:
CONTRACTOR'S SIGNATURE: DATE:
APPROVED BY: DATE:
PRINT NAME: MP#:
Revised 05-22-07 Page 14