HomeMy WebLinkAbout20A - RAIROAD ENHANCEMENTS REQUEST FOR
COUNCIL ACTION - -
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CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
MARCH 1, 2010
TITLE: APPROVED
? As Recommended
APPROPRIATION ADJUSTMENT ? As Amended
? Ordinance on 15' Reading
ACCEPTING DEVELOPER FUNDS AND ? Ordinance on 2ntl Reading
AGREEMENTS FOR RAILROAD ? Implementing Resolution
ENHANCEME_ NTS (PROJECT 10-6728) ? Set Public Hearing For
CONTINUED TO
,f
FILE N U M B E R
CITY MANAGER
RECOMMENDED ACTION
1. Approve an appropriation adjustment accepting $59,602 into the Select Street Construction
Developer Contribution revenue account (accounting unit 05917002-57080) and appropriate
the funds into the Select Street Construction expenditure account (accounting unit 05917660-
66220).
2. Authorize the City Manager and Clerk of the Council to execute the attached agreement with
Union Pacific Railroad Company in the amount of $61,333, subject to nonsubstantive
changes approved by the City Manager and City Attorney.
3. Authorize the City Manager and Clerk of the Council to execute the attached agreement with
the Roman Catholic Bishop of Orange, subject to nonsubstantive changes approved by the
City Manager and City Attorney.
DISCUSSION
The Roman Catholic Church will build the Christ Our Savior Cathedral at 2001 W. MacArthur
Blvd. As part of this project, the Church is required to modify the traffic signal on Raitt Street at
Alton Avenue (Exhibit 1). This modification triggers upgrades to the Union Pacific Railroad
because the Union Pacific Railroad's policy is to work directly with public agencies and not with
developers; the City needs to enter into agreements with UPRR and the Church to address the
required changes.
The developer funds received by the City in the amount of $59,602 will be used for the cost of the
required UPRR crossing light upgrades. Any additional costs beyond. the initial deposit will be
reimbursed back to the City by the Church per the agreement.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
20A-1
AA and Agreements
For Railroad Enhancements
March 1, 2010
Page 2
FISCAL IMPACT
Funds in the amount of $59,602 will be deposited into the Select Street Construction Developer
Contribution revenue fund account (accounting unit 05917002-57080) and appropriated into the
Select Street Construction fund expenditure account (accounting unit 05917660-66220). Funds for
the proposed agreements are available in Select Street Construction fund (accounting unit
05917660-66220) and Measure M -Street Construction fund (accounting unit 03217660-66220.
APPROVED AS TO FUNDS AND ACCOUNTS:
0`"~
v
Raul Godinez II Francisco Gutierrez
Executive Director Executive Director
~ Public Works Agency Finance & Management Services Agency
RG2K
Exhibit 1: Location Map
Exhibit 2: Appropriation Adjustment on file
Exhibit 3: Agreement with UPRR
Exhibit 4: Agreement with Roman Catholic Bishop of Orange
20A-2
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Project 10-6728 405
sa~rnaNn Railroad Enhancement on
City Council
P~1 Raitt Street and Alton Avenue
Agenda Date
(Project 1 Q-6728)
March 1, 2010 z'
PUBLIC WORKS AGENCY
20A-4
BUILDING ANERIG'
UPRR Folder No.: 2232-76
UPRR Audit No. 232177
SUPPLEMENTAL AGREEMENT
(EXISTING PUBLIC ROAD CROSSING IMPROVEMENT}
THIS SUPPLEMENTAL AGREEMENT is made as of the day of
200_, by and between UNION PACIFIC RAILROAD COMPANY, a
Delaware corporation, or its predecessor in interest, ("Railroad") and the CITY OF SANTA ANA,
a California municipal corporation with a mailing address at PO Box 1988, Santa Ana, CA 92702
("City").
RECITALS:
By instrument dated March 8, 2004, the Railroad and Armstrong Ranch, LLC and Shea
Homes Limited Partnership (through its managing partner J. F. Shea, LLC), entered into an
agreement (the "Original Agreement"), identified in the records of the Railroad as Folder No. 2232-
76,Audit No. 232177, covering the installation of signal interconnect signal facilities for the existing
Raitt Street at-grade public road crossing, (DOT No. 903-141 E), at Railroad's Mile Post 522.04 on
it's Santa Ana Industrial Lead, in Santa Ana, Orange County, California ("Roadway).
The City named herein is successor in interest to Armstrong Ranch, LLC and Shea Homes
Limited Partnership (through its managing partner J. F. Shea, LLC).
The City now desires to undertake as its project (the "Project") signal improvements and re-
striping of the Roadway surface. The Roadway, as improved, where it crosses the Railroad's
property is the "Crossing Area", as shown on the Railroad Location Print marked Exhibit A, and the
improvements to the Roadway are shown on the Detailed Print marked Exhibit A-1, each attached
hereto and hereby made a part hereof.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and conditions
hereinafter set forth, the parties hereto agree as follows:
SECTION 1.
The exhibits below are attached hereto and hereby made a part hereof.
Exhibit A Railroad Location Print
Exhibit A-1 Detailed Print
. Exhibit B Railroad's Signal Material Estimate
Exhibit C Railroad Form of Contractor's Right of Entry Agreement
SECTION 2.
The Railroad, at City's expense, shall furnish all labor, material, equipment and supervision
for the Roadway improvements:
EXHIBIT 3
Supplemental Public Road Xing ~~,qe/1=f~ revised January 28, 2010
Form Approved, AVP-Law u
StpLDING AMERIG'
• Install 12-inch LED flashing signal heads to replace existing 8-inch light units;
• Engineering, and
• Flagging.
SECTION 3.
A. The work to be performed by the Railroad, at the City's sole cost and expense, is described in
the Railroad's Signal Material Estimate dated May 10, 2009, in the amount of $60,333.00,
marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate").
B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the City in
the event the City does not commence construction on the portion of the Project located on
the Railroad's property within six (6) months from the date of the Estimate.
C. The City acknowledges that the Estimate does not include any estimate of flagging or other
protective service costs that are to be paid by the City or the Contractor in connection with
flagging or other protective services provided by the Railroad in connection with the Project.
All of such costs incurred by the Railroad are to be paid by the City or the Contractor as
determined by the Railroad and the City. If it is determined that the Railroad will be billing
the Contractor directly for such costs, the City agrees that it will pay the Railroad for any
flagging costs that have not been paid by any Contractor within thirty (30) days of the
Contractor's receipt of billing.
D. The City agrees to reimburse the Railroad for one hundred percent (100%) of all actual costs
incurred by the Railroad in connection with the Project including, but not limited to, actual
costs of preliminary engineering review, construction inspection, procurement of materials,
equipment rental, manpower and deliveries to the job site and all of the Railroad's normal
and customary additives (which shall include direct and indirect overhead costs) associated
therewith.
SECTION 4.
A. The City, at its expense, shall prepare, or cause to be prepared by others, the detailed plans
and specifications and submit such plans and specifications to the Railroad's Assistant Vice
President Engineering -Design, or his authorized representative, for review and approval.
The plans and specifications shall include all Roadway layout specifications, cross sections
and elevations, associated drainage, and other appurtenances.
B. The final one hundred percent (100%) completed plans that are approved in writing by the
Railroad's Assistant Vice President Engineering-Design, or his authorized representative, are
hereinafter referred to as the "Plans". The Plans are hereby made a part of this Agreement by
reference.
C. No changes in the Plans shall be made unless the Railroad has consented to such changes in
writing.
D. Notwithstanding the Railroad's approval of the Plans, the Railroad shall not be responsible
for the permitting, design, details or construction of the Roadway.
Supplemental Public Road Xing ~P~gg2 =f~ revised January 28, 2010
Form Approved, AVP-Law 1 VA
BUILDING M~RIG'
SECTION 5.
The Railroad, at the City's expense, shall maintain the crossing between the track tie ends. If,
in the future, the City elects to have the surfacing material between the track tie ends replaced with
paving or some surfacing material other than timber planking, the Railroad, at City's expense, shall
install such replacement surfacing.
SECTION 6.
A. The City, 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.
B. The City, at its expense, shall maintain and repair all portions of the Roadway approaches
that are not within the track tie ends.
SECTION 7.
If City's contractor(s) is/are performing any work described in Section 4 above, then the City
shall require its contractor(s) to execute the Railroad's standard and current form of Contractor's
Right of Entr~greement attached hereto as Exhibit C. City 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 City's contractor(s) be allowed onto the Railroad's premises without first executing the
Contractor's Right of Entry Agreement.
SECTION 8.
Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber
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. City 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 City or its contractor(s). If it is, City or its contractor(s) will telephone the telecommunications
company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other
rotection of the fiber o tic cable rior to be innin an work on the Railroad's r mis s
P P P g g y pe e.
SECTION 9.
The City, for itself and for its successors and assigns, hereby waives any right of assessment
against the Railroad, a5 an adjacent property owner, for any and all improvements made under this
agreement.
SECTION 10.
Covenants herein shall inure to or bind each party's successors and assigns; provided, no right
of the City shall be transferred or assigned, either voluntarily or involuntarily, except by express prior
Supplemental Public Road Xing ~aQe 3=f4 revised January 28, 2010 ~I
Form Approved, AVP-Law /V~'A 7
dUILgNG ANERIG'
written consent of the Railroad.
SECTION 11.
The City 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 City, passed and
approved as by law prescribed, and duly certified, evidencing the authority of the person executing
this agreement on behalf of the City 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
City.
SECTION 12.
The City and the Railroad agree to split equally the cost of maintenance of the automatic
grade-crossing protection as provided for in California Public Utilities Code Section 1202.2 and as
allocated by the Public Utilities Commission.
SECTION 13.
Upon execution and delivery of this Agreement, the City shall pay to the Railroad an
administrative handling charge of ONE THOUSAND DOLLARS ($1,0{10.00).
SECTION 14.
This agreement is supplemental to the Original Agreement, as herein amended, and nothing
herein contained shall be construed as amending or modifying the same except as herein specifically
provided.
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to
be executed as of the day and year first hereinabove written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #14-6001323)
By:
PAUL G. FARRELL
Senior Manager Contracts
WITNESS: CITY OF SANTA ANA
X
Title:
Supplemental Public Road Xing ~a ~ =~q revised January 28, 2010
Form Approved, AVP-Law /V~'A 8
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RAILROAD WORK TO BE PERFORMED: EXHIBIT "A"
1. Replace existing 8" lenses with new 12" LED flashing signals; UNION PACIFIC RAILROAD COMPANY
and other signal facilities.
2. Engineering Review & Flagging. SANTA ANA INDUSTRIAL LEAD
MILE POST 522.04
GPS: N 33° 42.2394', W 117° 53.8427'
SANTA ANA, ORANGE CO., CA.
To accompany a Supplemental Agreement with the
CITY OF SANTA ANA
covering signal improvements to an existing at-grade public road crossing.
Folder No. 2232-76 Date: July 24, 2009
WARNING
IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMEN7 MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE: 1800) 336-9193
Exhibit A
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E57'IMIITE DF plATPRTAI. AND ~0ltCE ACC4tJNT yrfORR.
BY TH~c
x ~y}1cA lUMMNION P?4CzF*zCy~TiAlI~RdAD Y qqnn hh y
THIS ~..llif'WT6 ~~R V l'1~5' ~iPIt~ATrON DATE 75 :~J.V-V5~1b
bf5CR3F"i`~i~l ~F' WORi~.:
If~STkLL 12" tEa'FL'SYGNAL HEADS 7'~ REPLACE I~GHT UNxTS AT RAZ7'T
StR~ IN SANtA ANA, CA,,M~P. 5ZZ;44
9tGNAL >yRO~F.CT MANAGER: BUOY $I1RDEl~ 9~5-~68~
1~RILROAta 7O ~RPOR~4 All. liVgRY ~OOST A~'t`AIBUTEO A5 FQLL~S
5'~GNAL ~ ~I'rY 0~ SANrtA AIYA 1046
Pify; 63158 ~0: °89558 MP,51lB01V: St2.~, .SANI'AANA
SERVxCE UNYT: 20 CxTY:~SAf~iA RNA STATE: CA
O'85CRI•PtION QTY UNIT LABOR ~~IAtE~AL •RECdl.L UPRR TOTAL
.ra--a`'a--r,- ara aa-a ¦a-ar Ya--.aaa a-a---a asa-a aaa-~
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FNta~NEERINf, 250 25Q 254
LABOR •,4DDI"f~Ul; 161.~7~~6 838 638 838
XNG 250 250 x50
an.... ~-i---~- -~-I.t..w A.J -a-. Vali. ab---.. ~.i
TOTAL I:NGTNE~1tING 13381338 1338
Sx{~IAL MIORK
BYLL p~EP 450 4S0 4•SO
CDtsTR~?CT X097 ]A97 1i~7
~~d6 ,,aDO~rzvE 167.76~G •23014 2304 2383,4
Pt:ASONAL •~XPF.~SES 9375 9375 9375
SALIrS~ rAx X85 X85 f~5
SIGNAL X3288 1~fi56 23924 .13924
TlL4kSPOR"f'A'1~ON' tHAR~~ 450 450 450
.r1i... r:. ..-r..--... ~...-ter... r..a~~.~~..
70Y'AL SIGNAL 3673 22263 SS995 ~ Y58995
taeOR/Mat~taL• °EXlyENSE 38070 27263 -Wr-aaar
REC(~~L~Cf'•IBL~UpRR ~iCPENSE• $b33# 0
MA7~6 PROaEL•T 0057 X0333
EXISTIlB"+ ~REU~~ABLE ~lATER~AL ~tED1T 0
5ALYAGE •CVQNI15EA9LE NfATERTAL ~R~ZT '4
R~COL•L~CTZ•gLE LF.~S CREDTI'S
THI: ABOYE• FIGURES ~ARF ESf'~MATES DNLY•At~ SU8]ECJ' Ta ~CII['t~TI4N, xN •THE k'V~NT 41:'
AN IiVE 4R DECREASE IN THE COST OR QUANTTI'Y 4~ MATERrAI. Oli LABOR REQUIE~m,
UPRR MILL BYLL F0~ Sd'CTUAL :GON~ftbCTtON CO5'I'5 A~' TFIE ~~1RR~NT' E~~CT~ RAYS,
Exhibit B
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20A-15
July 24, 2009
UPRR Folder No.: 2232-76
To the Contractor:
Before Union Pacific Railroad Company can permit you to perform work on its property for the
signal and surface improvements to the existing Raitt Street at-grade public road crossing, it will be
necessary for you to complete and execute two originals of the enclosed Contractor's Right of Entry
~eement. Please:
1. Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's
Right of Entry Agreement. If a corporation, give the state of incorporation. If a partnership, give the
names of all partners.
2. Fill in the date construction will begin and be completed in Article 5, Paragraph A.
3. Fill in the name of the contractor in the space provided in the signature block at the end of the
Contractor's Right of Entry Agreement. If the contractor is a corporation, the person signing on its
behalf must be an elected corporate officer.
4. Execute and return all copies of the Contractor's Right of Entry Agreement together with your
Certificate of Insurance as required in Exhibit B, in the attached, self-addressed envelope.
5. Include a check made payable to the Union Pacific Railroad Company in the amount of $500.00. If
you require formal billing, you may consider this letter as a formal bill. In compliance with the
Internal Revenue Services' new policy regarding their Form 1099, I certify that 94-6001323 is the
Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad
Company is doing business as a corporation.
Under Exhibit B of the enclosed Contractor's Right of Entry Agreement, you are required to procure
Railroad Protective Liability Insurance (RPLI) for the duration of this project. As a service to you, Union
Pacific is making this coverage available to you. If you decide that acquiring this coverage from the Railroad
is of benefit to you, please contact Mr. Mike McGrade of Marsh USA @ 800-729-7001, a-mail:
will tam. s~
mithna,marsh. com.
This agreement will not be accepted by the Railroad Company until you have returned all of the
following to the undersigned at Union Pacific Railroad Company:
1. Executed, unaltered duplicate original counterparts of the Contractor's Right of Entry Agreement;
2. Your check in the amount of $500.00 to pay the required balance due of the required Contractor's
Right of Entry fee. (The Folder Number and the name "Paul G. Farrell" should be written on the
check to insure proper credit). If you require formal billing, you may consider this letter as a formal
bill;
3. Copies of all of your un-to-date General Liability, Auto Liability & Workman's Compensation
Insurance Certificates (yours and all contractors naming Union Pacific Raikoad Company as
additional insured;
Real Estate Department
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street, MS 1690
Omaha, Nebraska 68179-1690
2 0/-1-16 fax: 402.501.0340
4. Copy of your un-to-date Railroad Protective Liability Insurance Certificate (yours and all
contractors naming Union Pacific Railroad Company as additional insured.
RETURN ALL OF THESE REQUIRED ITEMS TOGETHER IN ONE ENVELOPE.
DO NOT MAIL ANY ITEM SEPARATELY.
If you have any questions concerning this agreement, please contact me as noted below. Have a safe
days
Paul G. Farrell
Senior Manager Contracts
Phone: (402)544-8620
e-mail: pgfarrell@up.com
Real Estate Department
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street, MS 1690
Omaha, Nebraska 68179-1690
20A-17 fax:4°2.~,.0~4°
Contractors ROE (Generic) 08-15-07
Form Approved - AVP Law BUILDING AMERICA'
UPRR Folder No.: 2232-76
UPRR Audit No.: 232177
CONTRACTOR'S RIGHT OF ENTRY
AGREEMENT
THIS AGREEMENT is made and entered into as of the day of ,
200_, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation
("Railroad"); and
(NAME OF CONTRACTOR)
a corporation ("Contractor").
(State of Corporation)
RECITALS:
Contractor has been hired by the City of
Santa Ana ("City") to perform work relating to the signal
and surface improvements to the existing Raiff Street at-grade public road crossing (the "work"),
with all or a portion of such work to be performed on property of Railroad in the vicinity of the
Railroad's Mile Post 522.04 on the Railroad's Santa Ana Industrial Lead in Santa Ana, Orange
County, California, as such location is in the general location shown on the Railroad Location Print
marked Exhibit A, and as specified on the Detailed Print marked Exhibit A-1, each attached hereto
and hereby made a part hereof, which work is the subject of a Supplemental Agreement dated
between Railroad and the City.
(Date of Contract)
The Railroad is willing to permit the Contractor to perform the work described above at the
location described above subject to the terms and conditions contained in this Agreement
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
follows:
ARTICLE 1 - DEFINITION OF CONTRACTOR.
For purposes of this Agreement, all references in this agreement to Contractor shall include
Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its
or their authority.
ARTICLE 2 - RIGHT GRANTED; PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and
subject to each and all of the terms, provisions and conditions herein contained, to enter upon and
have ingress to and egress from the property described in the Recitals for the purpose of performing
Contractor's ROE (Generic) OB-15-07 Page 1 of 4 July 24, 2009
Form Approved - AVP Law
20A-18
Contractors ROE (Generic) 08-15-07
Form Approved -AVP Law BUILDING AMERIG`
the work described in the Recitals above. The right herein granted to Contractor is limited to those
portions of Railroad's property specifically described herein, or as designated by the Railroad
Representative named in Article 4.
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B. C & D.
The General Terms and Conditions contained in Exhibit B, the Contractor's Insurance
Requirements in Exhibit C and the Minimum Safety Requirements in Exhibit D, each attached
hereto, aze hereby made a part of this Agreement.
ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD
REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed by
Contractor, or any costs or expenses incurred by Railroad relating to this Agreement.
B. Contractor shall coordinate all of its work with the following Railroad representative or his or her
duly authorized representative (the "Railroad Representative"):
Anthony Jones Kevin Reilly
Manager Track Maintenance Manager Signal Maintenance
Union Pacific Railroad Company Union Pacific Railroad Company
2015 South Willow 201 S South Willow
Bloomington, CA 92316 Bloomington, CA 92316
Phone: 402-211-6337 Phone: 909-685-2145
Cell: 951-213-8465 Cell: 951-288-4550
C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by
Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7
of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and
supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's
approval of plans and specifications involving the work, or by Railroad's collaboration in
performance of any work, or by the presence at the work site of a Railroad Representative, or by
compliance by Contractor with any requests or recommendations made by Railroad
Representative.
ARTICLE 5 - TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and
continue until ,unless sooner terminated as herein provided, or
(Expiration Date)
at such time as Contractor has completed its work on Railroad's property, whichever is earlier.
Contractor agrees to notify the Railroad Representative in writing when it has completed its work
on Railroad's property.
B. This Agreement maybe terminated by either party on ten (10) days written notice to the other
party.
Contractor's ROE (Generic) 08-15-07 Page 2 of 4 July 24, 2009
Form Approved -AVP Law
20A-19
Contractors ROE (Generic) OB-15-07
Form Approved -AVP Law BUItJD1NG AMERIG'
ARTICLE 6 - CERTIFICATE OF INSURANCE.
A. Before commencing any work, Contractor will provide Railroad with the (i) insurance binders,
policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the
insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit
B of this Agreement.
B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to:
Union Pacifrc Railroad Company
Real Estate Department
1400 Douglas Street, MS 1690
Omaha, NE 68179-1690
UPRR Folder No.: 2232-76
ARTICLE 7 - DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad's property any employee of
Contractor who fails to conform to the instructions of the Railroad Representative in connection with
the work on Railroad's property, and any right of Contractor shall be suspended until such removal
has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of
any such employee from Railroad's property.
ARTICLE 8 - ADMINISTRATIVE FEE.
Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad FIVE
HUNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling
expenses in connection with the processing of this Agreement.
ARTICLE 9 - CROSSINGS.
No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over
Railroad's trackage shall be installed or used by Contractor without the prior written permission of
Railroad.
ARTICLE 10 - EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored on Railroad's property
without the prior written approval of Railroad.
Contractors ROE (Generic) 08-15-07 P~$~f 4w 0 July 24, 2009
Form Approved -AVP Law 1
Contractor's ROE (Generic) OS-15-07
Form Approved -AVP Law BUILDING AFRICA'
w
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in
duplicate as of the date first herein written.
iJNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By:
PAUL G.FARRELL
Senior Manager Contracts
(Name of Contractor)
By
Title:
ConVadors ROE (Generic) OS-15-07 Page 4 of 4 July 24, 2009
Form Approved -AVP Law
20A-21
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RAILROAD WORK TO BE PERFORMED: EXHIBIT "A"
1. Replace existing 8" lenses with new 12" LED flashing signals; UNION PACIFIC RAILROAD COMPANY
and other signal facilities.
2. Engineering Review & Flagging. SANTA ANA INDUSTRIAL LEAD
MILE POST 522.04
GPS: N 33° 42.2394', W 117° 53.8427'
SANTA ANA, ORANGE CO., CA.
To accompany a Contractor's Right of Entry Agreement with
(Name of Contractor)
covering signal improvements to an existing at-grade public road crossing.
Folder No. 2232-76 Date: July 24, 2009
WARNING
IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MU57 BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMBVE EXISTENCE AND LOCATION OF FBER OPTIC CABLE.
PHONE: 1-(800 336-9193
Exhibit A
2 0 ~ Railroad Location Print
Contractors ROE (Generic) - Ex6
Form Approved - AVP Law 07-09-07 BUILDING AMERICA'
EXHIBIT B
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
GENERAL TERMS AND CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK -FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its
work and at least ten (10) working days in advance of proposed pertormance of any work by Contractor in which any person or
equipment will bewithintwenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such
as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be
performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or
stored withintwenty-five (25) feet of any of Railroad's tracks} at any time, for any reason, unless and until a Railroad flagman is
provided to watch for trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will determine and inform
Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety
measures. If flagging or other special protective or safety measures are pertormed by Railroad, Railroad will bill Contractor for
such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad
is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor,
Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other
special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its
responsibilities or liabilities set forth in this Agreement.
B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day forthe class of flagmen
used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the
work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare,
supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and
Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing
composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime,
Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any
time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling
of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional
charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.
C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the
flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required
for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for
any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is
required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other
work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and
assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide
Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is
not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement
to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be
given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and
maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change,
modify or relocate railroad tracks, roadways, sjgnal, communication, fiber optics, or other wirelines, pipelines and otherfacilities
upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad
without liability to Contractor or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of
Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or
for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the
railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others,
unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by
Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery
Contractors ROE (Generic) - Ex6 Page 1 of 3 Exhibit B
Form Approved - AVP Law 07-09-07 General Terms 8~ Conditions
20A-23
Contractor's ROE (Generic) - ExB
Form Approved -AVP Law 07-09-07 BUILDING AMERICA'
wand materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular
crossings of Railroads tracks except at existing open public crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused
by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to
Contractor, or any other person or entity for any such delays. The Contractor shalt coordinate its activities with those of Railroad
and third parties so as to avoid interterence with railroad operations. The safe operation of Railroad train movements and other
activities by Railroad takes precedence over any work to be performed by Contractor.
Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor.
Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced
against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and
against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of
such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record,
Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber 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.
Contractor shall telephone 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, 7-day number for emergency calls) to determine if fiber optic cable is buried
anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications
company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber
optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been
accomplished.
B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from
and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses)
arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1) any damage to or
destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed
by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property.
Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue
or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or
user of services of the fiber optic cable on Railroad's property.
Section 6. PERMITS -COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall
comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all
applicable Federal Railroad Administration regulations.
Section 7. AS FETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed
by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in
connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit C, hereto
attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractors safety
responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to
good safety practices. Contractor shall furnish copies of Exhibit C to each of its employees before they enter the job site.
B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards
and ensure that its employees are competent and adequately trained in all safety and heaRh aspects of the job.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any
person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health
Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe pertormance of any work.
D. 1f and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE (Generic) - Ex8 Page 2 Of 3 Exhibit B
Form Approved -AVP Law 07-09-07 General Terms ~ Conditions
20A-24
Contractor's ROE {Generic) - Ex8
Form Approved -AVP Law 07-09-07 BUILDING AMERICA'
Sec~lon 8. INDEMNITY.
A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates,
and its and their officers, agents and employees ("Indemnified Parties") from and against any and all loss, damage, injury,
liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and experts fees, and court costs),
fine or penalty (collectively, "loss") incurred by any person (including, without limitation, any indemnified party, contractor, or any
employee of contractor or of any indemnified party) arising out of or in any manner connected with (i) any work performed by
Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or (iii) any breach of this Agreement by
Contractor.
B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the loss, and shall apply
regardless of any negligence or strict liability of any indemnified party, except where the loss is caused by the sole active
negligence of an indemnified party as established by the final judgment of a court of competent jurisdiction. The sole active
negligence of any indemnified party shall not bar the recovery of any other indemnified party.
C. Contractor expressly and specifically assumes potential liability underthis Section 8 forclaims or actions brought by Contractor's
own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to
indemnify Railroad under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties
hereto.
D. No court orjury findings in any employee's suit pursuant to any worker's compensation act or the federal employers' liability act
against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against Railroad.
E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or fhe termination or expiration
of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability
Contractor may have to any indemnified party by statute or under common law.
Section 9. RESTORATION OF PROPERTY.
fn the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other
property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as
possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before
such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools,
equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property
to the same state and condition as when Contractor entered thereon.
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and
performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default.
Section 11. MODIFICATION -ENTIRE AGREEMENT.
No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This
Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and
Railroad and cancel and supersede any prior negotiations, understandings or agreements, whetherwritten or oral, with respect to the
work to be performed by Contractor.
Section 12. ASSIGNME -SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad.
Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the
Contractor shall, except to the extent prohibited bylaw; (1) require each of its subcontractors to include the Contractor as "Additional
insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities
arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional
Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each of its
subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 241710 01
(or a substitute form providing equivalent coverage) for the job site; and (3} require each of its subcontractors to endorse their
Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 7010 01 (or a
substitute form providing equivalent coverage) for the job site.
Contractor's ROE (Generic) - Ex6 Page 3 of 3 Exhibit B
Form Approved -AVP Law 07-09-07 General Terms & Conditions
20A-25
Contractor's ROE (Generic) - ExC
Form Approved - AVP Law 08-15-07 bU1LD1NG AMERICA'
EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
CONTRACTOR'S INSURANCE REQUIREMENTS
Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Projectwork on
Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's property and
has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage:
A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each
occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00
01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing
"Union Pacific Railroad Company Property" as the Designated Job Site, and
• Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 {or a substitute form providing
equivalent coverage) showing the project on the form schedule.
B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form
providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must
include liability arising out of any auto (including owned, hired and non-owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 7010 01(or a substitute form providing
equivalent coverage) showing "Union Pacific Property" as the Designated Job Site.
• Motor Carrier Act Endorsement -Hazardous materials clean up (MCS-90) if required by law.
C. Workers' Compensation and Emplovers' Liabili Insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the work is being pertormed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each
employee.
If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided.
Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer
Continental Shelf Land Act, if applicable.
The policy must contain the following endorsement, which must be stated on the certificate of insurance:
• Alternate Employer endorsement ISO form WC 00 03 01 A {or a substitute form providing equivalent coverage) showing
Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage).
D. 3ailroad Protective Liability Insurance. Contractor must maintain Railroad Protective Liability insurance written on ISO
occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named
insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy
is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to
Railroad.
E. Umbrella or Excess Insurance. If Contractor utilizes umbrella or excess policies, these policies must "follow form" and afford
no less coverage than the primary policy.
F. Pollution Liability Insurance. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form
Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least
$5,000,000 per occurrence and an aggregate limit of $10,000,000.
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the
job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained bythe disposal site operator
for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss,
and an annual aggregate of $2,000,000.
Other Requirements
Contractor's ROE (Generic) - ExC Page 1 of 2 Exhibit C
Form Approved - AVP Law os-15-07 Contractor's Insurance Requirements
20A-26
Contractor's ROE (Generic) - ExC
Form Approved -AVP Law OS-15-07 BUILD1111G AMERICA'
G. .II policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional
Insured° using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent
coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured
Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and
shall not be limited by Contractor's liability under the indemnity provisions of this Agreement.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law
governing this Agreement prohibits all punitive damages that might arise under this Agreement.
1. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its
agents, officers, directors and employees. This waiver must be stated on the certificate of insurance.
J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized
representative of each insurer, showing compliance with the insurance requirements in this Agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Sest's
Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being
performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish
the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages
recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.
Contractor's ROE (Generic) - ExC Page 2 of 2 F~chibit C
Form Approved -AVP Law Ot3-15-07 Contractor's Insurance Requirements
20A-27
Contractors ROE (Generic) - ExD
Form Approved -AVP Law 07-09-07 BUILDING AMERICA'
EXHIBIT D
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent
of Contractor.
I. Clothin4
A. AI I employees of ConVactor will be suitably dressed to pertorm thei r duties safely and in a manner that will not intertere with their
vision, hearing, or free use of their hands or feet.
Specifically, Contractor's employees must wear:
(i) Waist-length shirts with sleeves.
(ii) Trousers that cover the entire leg. Ifflare-legged trousers are worn, the trouser bottoms must be tied to prevent catching.
(iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed
footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements.
B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or
heels that are higher than normal.
C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on
machinery.
ll. Personal Protective Eaaioment
Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or
recommended or requested by the Railroad Representative.
(i) Hard hat that meets the American National Standard (ANSI) 289.1 -latest revision. Hard hats should be affixed with
Contractor's company logo or name.
(ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection,
287.1 -latest revision. Additional eye protection must lie provided to meet specific job situations such as welding, grinding,
etc.
(iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job
site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:
¦ 100 feet of a locomotive or roadway/work equipment
¦ 15 feet of power operated tools
¦ 150 feet of jet blowers or pile drivers
¦ 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection -plugs and muffs)
(iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be wom
as recommended or requested by the Railroad Representative.
III. On Track Safety
Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations -
49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for
the training of their employees on such regulations. In addition- to the instructions contained in Roadway Worker Protection
regulations, all employees must:
(i) Maintain a distance of twenty-flue (25) feet to any track unless the Railroad Representative is present to authorize
movements.
(ii) Wear an orange, reflectorized workwear approved by the Railroad Representative.
(iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being pertormed. Contractor
must take special note of limits of track authority, which tracks may or may not befouled, and clearing the track. Contractor
will also receive special instructions relating to the work zone around machines and minimum distances between machines
while working or traveling.
IV. Eauioment
A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad
Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's
Contractors ROE (Generic) - ExD Page 1 Of 2 Exhibit D
Form Approved - AVP Law 07-09-07 Minimum Safety Requirements
20A-28
r
Contractor's ROE (Generic) - ExD
Form Approved - AVP Law 07-09-07 SUI6D1t+1G AMERICA`
Nroperty. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe
operation of the equipment. In addition, operators must be:
¦ Familiar and comply with Railroad's rules on IockouUtagout of equipment.
¦ Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track.
¦ Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other
railbound equipment.
B. All self-propelled equipment must be equipped with afirst-aid kit, fire extinguisher, and audible back-up warning device.
C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of finrenty-five (25) feet
from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment
against movement.
D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum
clearances to overhead powerlines.
V. Seneral Safety-.Reauirernents
A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations.
B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad
Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including Ort-
Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee
must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work
procedures, or personnel change.
C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad
Administration's Track Safety Standards 49CFR213.
D. All employees comply with the following safety procedures when working around any railroad track:
(i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either
direction.
(ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
(iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between
yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length
(50 feet}.
(iv} Avoid walking or standing on a track unless so authorized by the employee in charge.
(v) Before stepping over or crossing tracks, look in both directions first.
(vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and
equipment have been protected against movement.
E. All employees must comply with all federal and state regulations concerning workplace safety.
Contrador's ROE (Generic) - ExD Page 2 of 2 Exhibit D
FortnApproved -AVP Law 07-09-07 Minimum Safety Requirements
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REIMBURSEMENT AGREEMENT
BETWEEN CITY OF SANTA ANA AND
THE ROMAN CATHOLIC BISHOP OF ORANGE
FOR THE RAILROAD CROSSING
SIGNAL IMPROVEMENT PROJECT
(MILE POST 522.04)
THIS REIMBURSEMENT AGREEMENT ("Agreement"), is made and entered into this
_ day of , 2010, by and between the CITY OF SANTA ANA, a California charter
city ("Santa Ana"), and the ROMAN CATHOLIC BISHOP OF ORANGE, a California
Corporation Sole ("RCBO"). In this Agreement, Santa Ana and RCBO may each be individually
referred to as a "Party" and collectively referred to as the "Parties."
RECITALS:
1. The RCBO is required to provide signal improvements at the existing at-grade Union
Pacific public road crossing at Raitt Street (hereinafter "said Project").
2. The City, on behalf of the RCBO, will enter into an agreement with the Union Pacific
Railroad Company to complete said Project.
3. The estimated cost of the railroad signal improvements is $60,333.
4. The RCBO has deposited with the City the sum of $59,602 (hereinafter "Deposit").
NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable
consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties
agree as follows:
1. RCBO OBLIGATIONS
A. RCBO will reimburse the City of Santa Ana for expenditures in excess of the
Deposit, necessary for completion of said Project.
B. Reimbursement payment by the RCBO of expenses in excess of the Deposit shall be
made within fifteen (15} days following receipt of written request of the City
evidencing City's obligation to pay such amount.
2. CITY OBLIGATIONS
A. City shall enter into an agreement with Union Pacific Railroad Company to complete
said Project.
B. City shall keep proper records of payments made to complete said Project.
ZVAT~1
3. City and RCBO shall extend cooperation to each other and proceed under this Agreement
in good faith during all phases of said Project to facilitate timely completion and payment of said
Project.
4. The following staff members, or as otherwise designated in writing by the Parties, shall
be the selected representatives of each City to act on each respective City's behalf with respect to
this agreement. Any notices, requests, approvals, plan submittals or communications shall be
provided to each representative noted below:
City of Santa Ana: Roman Cathlic Bishot~ of Oran~e•.
ATTN: Zdenek Kekula ATTN: Joe Novoa
Public Works Traffic Engineering Diocese of Orange
20 Civic Center Plaza, M-43 P.O. Box 14195
Santa Ana, Ca 92701 Orange, CA 92683-1595
Phone: (714) 647-5606 Phone: (714) 282-3000
E-Mail: zkekula a?santa-ana.or~ E-Mail: jnovoa@rcbo.org
5. This Agreement may be amended at any time by the mutual consent of the Parties
by an instrument in writing signed by both Parties.
6. .In the event that any one or more of the phrases, sentences, clauses, paragraphs,
or sections contained in this Agreement shall be declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement which are hereby declared as severable and
shall be interpreted to carry out the intent of the Parties hereunder.
7. The persons executing this Agreement on behalf of the Parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said Parties and that by
so executing this Agreement the Parties hereto are formally bound to the provisions of
this Agreement.
8. This Agreement is to be governed by the laws of the State of California.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
on the day and year first written above.
CITY OF SANTA ANA THE ROMAN CATHOLIC BISHOP OF
ORANGE
By:
By:
David N Ream, City Manager The Very Reverend Michael Heher, Attorney
in Fact
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20A-32
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Joseph W. Fletcher Maria Rullo Schinderle
City Attorney General Counsel, RCBO
ATTEST:
By:
Maria D. Huizar
Clerk of the Council, City of Santa Ana
RECOMMENDED FOR APPROVAL:
Raul Godinez, Executive Director
City of Santa Ana Public Works Agency
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