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Home My WebLink AboutUNION PACIFIC RAILROAD CO. 3B-2005 Public Road Improvement 12104/00 Estimated Costs Form Approved-A VP Law Improvements to Existing Public Road At Grade Crossing For Main Street, DOT 761253H M.P. 520.20, Santa Ana Industrial Lead, Los Nietos Subdivision Santa Ana, California TIDS AGREEMENT, executed in duplicate this I;l.. day of tlel-:200s' by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and CITY OF SANTA ANA, a municipal corporation of the State of California (hereinafter the "Political Body"), WITNESSETH: RECITALS: The Political Body has requested the Railroad to improve the existing Main Street crossing, at grade, along, over and across the Railroad's track and right of way at Mile Post 520.20, Santa Ana Industrial Lead, Los Nietos Subdivision, DOT No. 761253H, in City of Santa Ana, Orange County, California to which the Railroad is agreeable, but solely upon terms and conditions hereinafter set forth. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: 1. The Railroad shall furnish all labor, material, equipment and supervision for, and shall (a) remove the existing asphalt crossing, (b) install a 128 ft. precast concrete crossing, (c) field weld rail, (d) relay track at crossing with 136/# rail, (e) renew the crossties, and (0 surface the track with new ballast, all at the intersection of the Railroad's Santa Ana Industrial Lead with Main Street at Mile Post 520.20 in Santa Ana, Orange County, California. 2. The Political Body agrees to reimburse the Railroad for fifty percent (50"/0) of Railroad's aetual labor and material costs assodated with the work and materials described in Section 1 above. The Railroad estimates such cost to be One Hundred Twenty Six Thousand Seven Hundred and Twenty Three Dollars ($126,723.00), as set forth in Estimate of Material and Force Account dated June 17,2005 marked Exhibit A, hereto attached. and hereby made a part hereof. During the performance of such work the Railroad will provide progressive billing to Political Body based on Railroad's actual costs. Actual costs to the Railroad shall include customary additives to materials, services and labor provided by the Railroad. Within 120 Days after Railroad has completed its work, the Railroad will submit a final billing to Political Body for any balance owed. Political Body shall pay the Railroad within thirty (30) days of its receipt of all bills submitted by the Railroad. 3. The Railroad, at its cost, shall maintain the crossing between the track tie ends. If, in the future, the Political Body elects to have the surfacing material between the track tie ends replaced with paving or some surfacing material other than concrete crossing, the Railroad, at the Political Body's expense, shall install such replacement surfacing. 4. The Political Body, at its sole cost and expense, shall provide traffic control, barricades, and all detour signing for the crossing work, provide all labor, material and equipment to install concrete or asphalt street approaches, and if required, will install advanced warning signs, and pavement markings in compliance and conformance with the Manual on Uniform Traffic Control Devices. C:~_~I:Jl1\M;l'~ta\W~ANA."""""'" 1 Public Road Improvement 12/04/00 Estimated Costs Form Approved-A VP Law 5. If Political Body's contractor(s) is/are performing any work described in Section 4 above, then the Political Body shall require its contractor(s) to execute the Railroad's standard and current form of Contractor's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor(s) of the need to execute the Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the Railroad's premises without first executing the Contractor's Right of Entry Agreement. 6. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiher optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body or its contractor(s) shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body or its contractor(s). If it is, Political Body or its contactor(s) will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. 7. The Political Body, for itself and for its successors and assigns, hereby waives any right of assessment against the Railroad, as an adjacent property owner, for any and all improvements made under this agreement. 8. Covenants herein shall inure to or bind each party's successors and assigns; provided, no right of the Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by express written agreement acceptable to the Railroad. 9. The Political Body shall, when returning this agreement to the Railroad (signed), cause same to be accompanied by such Order, Resolution, or Ordinance of the governing body of the Political Body, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on hehalf of the Political Body with the power so to do, and which also will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by Political Body. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as ofthe date.M;.'"'~~rT'- UMON ,/-,/ u\; \"q 10___ By JaJIles G. Ross Title: E;iecutive Director }UbliC Works Agency TTEST: \ . . . /-----:7i! .-::;: ?~-L-<-_c::..e-~-<-. -' . (,. .'i~ (:...-"'\>\~ Jh...\c ,-\.....:-1 Laura Stitt Shccd'y Assistallt City Atlorncy :YOF;2:;Gve. Title: {~O yYt..t'~A Pursuant to Resolution/Order dated hereto attached. C:\D_.nd~131\MJ'DoamftJlIIDfi1l\W~ANA~ ., ,. . A.E.R. JUN 1 7 Z005 ~ \1, &1 t' )1 A DATE: 2005-06-17 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: RECOLLECTIBLE ROADXING PROGRAM I SANTA ANNA INDUSTRIAL LD I MP 520.20 SOUTH MAIN ST. 50-SO SPLIT BElWEEN CITY OF SANTA ANNA CA. AND UPRR. RENEW OR REPLACE 128 TF OF NEW CONCRETE CROSSING,UNLOAD (3) CARS OF BALLAST,SURFACE AND LINE TRACK(S) AS NOTED IN SCOPE OF WORK. MISC SIGNAL WORK. PIO: 49301 NIIO: 46601 MP,SUBDIV: 520.20, SANTAANA SERVICE UNIT: 20 CITY: SANTA ANA STATE: CA DESCRIPTION qry UNIT LABOR MATERIAL RECOLL UPRR TOTAL --------...-- ----- -------- ------- ENGINEERING WORK ENGINEERING 2956 1478 1478 2956 ------- -------- -------- -------- -------- TOTAL ENGINEERING 2956 1478 1478 2956 SIGNAL lIlORK LABOR ADDITIVE 235% 1730 865 865 1730 MATL STORE EXPENSE 1 1 1 SAlES TAX 2 1 1 2 SIGNAL 887 51 468 470 938 ------- -------- -------- -------- -------- TOTAL SIGNAL 2617 54 1334 1337 2671 TRACK & SURFACE WORK BALAST 3.00 CL 705 1789 1246 1248 2494 BnLPREP 900 450 450 900 CONTRACr EQUIPTMENT lOOOO 5000 5000 10000 HOMELINE FREIGIfT 900 450 450 900 lABOR ADDITIVE 235% 37625 18812 18813 37625 MATL STORE EXPENSE 786 391 395 786 C1TM 1635 2683 2158 2160 4318 RAIL 320.00 LF 2216 3958 3087 3087 6174 RDXING 128.00 TF 9728 20068 14898 14898 29796 SALES TAX 1414 706 708 1414 SAW CUT STREET APPROACH 2500 1250 1250 2500 TRK-SURF, LIN 3402 1701 1701 3402 XTIE 90.00 EA 13885 6902 10393 10394 20787 ------- -------- -------- -------- -------- TOTAL TRACK & SURFACE 69196 51900 60542 60554 121096 LABOR/MATERIAL EXPENSE 74769 RECOLLECTIBLE/UPRR EXPENSE ESTIMATED PROJECT COST EXISTING REUSEABLE MATERIAL CREDIT SALVAGE NONUSEABLE MATERIAL CREDIT RECOLLECTIBLE LESS CREDITS lHE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN lHE EVENT OF 51954 -------- -------- 63360 63363 -------- 126723 o o AN INCREASE OR DECREASE IN lHE COST OR QUANTITY OF MATERIAL OR lABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT lHE CURRENT EFFECTIVE RATE. R. C. Gonzales Senior Manager Special I'roje(!s Ph. (909) 879-6264 Rita Jones Administration Ph. (909) 1179-6256 . F. C. Cheung Manager InJustry& Public Projects ph. (')09) 879-6288 September 1,2005 Crossing:Public CA : Santa Ana Main Street M.P. 520.20, Santa Ana Lead DOT# 761253H Mr. Jason Gabriel, P.E. Sr. Civil Engineer City of Santa Ana Public Works Agency 20 Civil Center Plaza, M-36 Santa Ana, CA 92701 RE: Proposed Crossing Surface Improvement - Main Street Dear Mr. Gabriel: Attacbed for your review and execution are two original copies of agreement between Union Pacific Railroad and City of Santa Ana covering tbe crossing surface improvement at the above referenced crossing. The City must sign the agreement first before we are to execute them. If satisfactory please have both copies executed by the City and return the same for our handling. Sincerely, Cheung, E. UNION PACIFIC RAILROAD Engineering Department 19100 Slover Ave. Bloomington, CA 92316 fx. (909) 879-6289