The URL can be used to link to this page

Home My WebLink AboutUnion Pacific Railroad Co 6City of Santa a Clerk of the Council b ' AGREEMENT TERMINATION please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. ----------------- The agreement with No =k- .13 (11-7-05)(Cost Sharing Ag>ee� at grade crossing at Warner and final payment has been made" was completed on 11-12-2007 Department. Design Engineer PWA phone?Exd"_ Signature: Date: ' A-2001-134 COPY O : PV'A C3) COST SHARING AGREEMENT THIS AGREEMENT, made and entered into this %t�'- day of tJr;V&xbe-,p , 2005, by and between Union Pacific Railroad Company, a Delaware corporation, hereinafter referred to as "Railroad" and the City of Santa Ana, a municipal corporation, organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "City". RECITALS: The parties hereto desire to set forth by this instrument their agreement with respect to the improvements of an at -grade crossing of Warner Avenue where it crosses the tracks of Railroad at or near Santa Ana, County of Orange, State of California (Crossing MP-51910) on the Santa Ana Industrial Lead. WHEREFORE, in consideration of the mutual and respective covenants and promises, and subject to all the terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. OBLIGATIONS OF RAILROAD A. Railroad shall furnish the necessary labor and materials, tools and equipment to perform, and shall perform or cause to be performed, the following work, attached hereto as Exhibit A, and made a part hereof. 1. Relaying of rail. 2. Resurfacing and reconditioning of track in crossing area. 3. Installation of concrete panel (200') crossing surface. B. Railroad shall obtain all required permits and licenses to complete the work, including a street work permit issued by the Public Works Agency of the City of Santa Ana. C. Railroad shall ensure the work complies with all applicable laws and local requirements. Railroad shall permit the City of Santa Ana or its designee(s) to examine and inspect the work. D. Following execution of this Agreement, Railroad will order the delivery of all materials required to perform the work contemplated herein. When the crossing surface has been place in operation, Railroad shall submit to City a detailed invoice for City's share of the estimated cost of applicable material furnished and installed by Railroad. F. The work to be performed by Railroad shall be commenced as soon as labor and materials are available following execution of this instrument. 2. OBLIGATIONS OF CITY A. City shall reimburse Railroad for costs associated with the installation of 200 feet of concrete panel crossing and temporary paving, in an amount not to exceed Thirty -Five Thousand Eight Hundred Twenty -Nine Dollars and Seventy Cents (S35,829.70), attached hereto as Exhibit B, and made a part hereof. B. City will provide traffic control and roadway paving. C. City payment shall be made thirty-five (35) days after final inspection and acceptance of all work to be performed, following receipt of invoice evidencing work performed and satisfactory release of liens or claims for liens by Contractor, subcontractors, laborers, and material suppliers for completed work or installed materials. 3. INDEPENDENT CONTRACTOR It is understood and agreed that Railroad shall, during the entire term of this Agreement, be acting in a wholly independent capacity and not as agent, employee, partner or joint venture of the City. This Agreement is not intended nor shall it be construed to allow the City to exercise discretion or control over the professional manner in which Railroad performs the services which are the subject matter of this Agreement; however, the services to be provided by Railroad shall be provided in a manner consistent with all applicable standards and regulations governing such services. 4. INSURANCE City acknowledges that Railroad will be performing the work set forth in Section 1 and that Railroad is self -insured and will be self -insuring all risks under this Agreement. 5. INDEMNIFICATION Railroad shall indemnify, defend and hold harmless the City of Santa Ana, its officers, employees, agents, consultants and representatives from and against any and all loss or damage, and from any suits, actions and claims filed or brought by any person(s) however caused, arising out of its negligent or reckless performance or failure to perform any and all things required to be done by it pursuant to the terms of this Agreement. 6. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. mail, postage prepaid, and addressed as follows: TO CITY: Santa Ana Public Works Agency 20 Civic Center Plaza (M-36) P.O. Boa 1988 Santa Ana, California 92702-1988 Facsimile: (714)64705635 Attn: Souri Amirani TO RAILROAD: Union Pacific Railroad Company R.C. Gonzales, Sr. Manager Industry and Public Projects 19100 Slover Avenue Bloomington, California 92316 Facsimile (909) 879-6289 7. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: i PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM JOSEPH W. FLETCHER City Attorney Laura Sheedy Assistant City Attorney RECOMMENDED FOR :ive Director Works Agency CITY OF SANTA ANA, a municipal Corporation of the State of California DAVID N. REAM City Manager UNION PACIFIC RAILROAD Je sa Assistant Genera Solicitor AL: UNION PACIFIC RAILROAD Tom T. Ogee Assistant Vice President Engineering Mr EXHIBIT A r_10 T=, 6 T „ EILIT CONCT10 -- _j_-20 C_�Dlj . - --- UNION PACIFIC SHALL: 1. RELAY RAIL. 2. RESURFACE AND RECONDITION TRACK IN CROSSING AREA. 3. INSTALL CONCRETE PANEL (200') CROSSING SURFACE. IQ RR CROSSING AT WARNER AVE. DATE: 10/laW ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK LOS NIETOS (SANTA ANA) SUB I MP 519.10I WARNER AVE I SANTA ANA, CALIF. PROPOSE TO PARTICIPATE WITH THE CITY OF SANTA ANA IN IMPROVING THE PUBLIC CROSSING AT WARNER AVE. IN SANTA ANA, CALIF. PID: 41221 AWO: 04806 MP, SUB DIV. 519.10, SANTA ANA SERVICE UNIT: 20 CITY: SANTA ANA STATE: CA DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ENGINEERING WORK ENGINEERING 2329 2329 2329 TOTAL ENGINEERING 2329 2329 2329 SIGNAL WORK MATL STORE EXPENSE 11 11 11 SALES TAX g 8 g SIGNAL 220 220 220 TOTAL SIGNAL 0 239 239 239 TRACK& SURFACE WORK CITY OF SANTA ANA (FIXED RATE) 35829 35829 35829 BALLAST 4 CL 1508 1508 1508 DISPOSAL FEE 720 720 720 EQUIP RENT 5760 5760 5760 FIELD WELD 116 116 116 FOREIGN LINE FREIGHT 1440 1440 1440 LABOR ADDITIVE 34872 34872 34872 MATL STORE EXPENSE 1225 1225 1225 OTM 1051 4339 5390 5390 PER DIEM 17125 17125 17125 RAIL 640 LF 1426 3954 5380 5380 RDKING 200 TF 6202 19355 25557 25557 SALES TAX 1420 1420 1420 SIG GENERAL I 1125 1125 TRK-SURF,LIN 3660 3660 3660 WELD 1652 890 2542 2542 XTIE 200.00 EA 6915 5523 14438 14438 TOTAL TRACK & SURFACE 59019 99068 35829 122278 158107 LABOR/MATERIAL EXPENSE 613 88 99327 RECOLLECTIBLEIUPRR EXPENSE 124846 ESTIMATED PROJECT COST 35829 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS 160675 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. ------------------------------------------------------- -----------cl-- The agreement with Union Pacific Railroad' No. A-2001-134 (11-7-05)(Cost Sharing was completed on Agree) at grade crossing at Warner and final payment has been made. 11-12-2007 Department: _ Ya Design Engineer— PWA Phone/Ext.: 5664 Jason Gabrie Signature: Date: