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HomeMy WebLinkAboutUNION PACIFIC RAILROAD CO. 1 - 2003~'~'. Public Road Improvement 12/04~0 Estimated Costs · Form Approved-AVP Law A-2003-187A Improvemems to Existing Public Road At Grade Crossing For Dyer Road, DOT 761684A M.P. 520.99 Santa Ann Industrial Lead, Los Nietos Subdivision Santa Ann, California THIS AGREEMENT, executed in duplicate this~ff7~/ day of .,~ 2003, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware coq~orafion (hereinafter the "Railroad"), and CITY OF Santa Ann, a municipal cerpomtion oftbe State of California (hereinat~er the "Political Body"), WlTNESSETH: RECITALS: The Political Body has requested the Railroad to improve the existing Dyer Road crossing at grade, along, over and across the Railroad's track and right of way at Mile Post 520.99, Santa Ann Industrial Lead, Los Nietns Subdivision, DOT No. 761684A, in City of Santa Am, 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 plank and asphalt crossing, (h) install a 80 f~. precast concrete crossing, (c) field weld rail, (d) relay track at crossing with 133//rail, (e) renew the erossties, and (f) surface the track with new ballast, all at the intersection of the Railroad's Santa Ann Industrial Lead with Dyer Road at Mile Post 520.99 in Santa Ama, Orange County, California, as shown generally on Railroad's print dated June 18, 2003, marked Exhibit A, hereto attached and hereby made a pan hereof. 2. The Political Body agrees to reimburse the Railroad for one hundred percent (100%) of Railroad's actual labor and material costs associated with the work and materials described in Section 1 above. The Railroad estimates such cost to be fifty one Thousand nine Hundred and fifty two Dollars ($51,952), as set forth in Estimate of Material and Force Account dated June 24, 2003 marked Exhibit B, 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 timber planking, 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 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 Coolxol Devices. I Public Road Improvement 12/04K)0 Estimated Costs Form ApprevedoAVP 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 Raikoad'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 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. 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-hoar 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 locater, 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, hercby waives any right of assessment against thc Railroad, as an adjacent property owner, for any and all improvcment$ 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 tho Political Body, passed and approved as by law prescribed, and duly certified, evidencing the authority of tho person executing this agre~nent on behalf 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 of the date and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY Title: APPROVED FOI M Puts,ant to Resolution/Order dated , hereto attached. I ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: 2003 ROAD CROSSING PROJECT DYER ROAD~ M.P. 520,99 SANTA AHA, CALIF. DOT ~761684A SANTA ANA INDUSTRIAL LEAD INSTALL 80 FT. CONCRETE CROSSING COST DISTRIBUTION I$ 50% CITy AND 50% UPRR PID: 46779 SERVICE UNIT: 20 DESCRIPTION ENGINEERING WORK ENGINEERING SIGNAL WORK LABOR ADDITIVE 150% MATL STORE EXPENSE SALES TAX SIGNAL TOTAL SIGNAL TRACK & SURFACE WORK ADVANCE WARNING BALAST BILL PREPARATION COMPANY EQUIPMENT USAGE DISPOSAL FEE - CALIF EQUIPMENT RENTAL FIELD WELD FOREIGN LINE FREIGHT HOME LINE FREIGHT I2~BOR ADDITIVE 150% MATL STORE EXPENSE OTM RDXING TOTAL TNACK & SURFACE AWO~ 43645 CITY: SANTA AHA DATE: 2003-06-24 MP, SUBDIV: 520.99, SANTAANA STATE: CA QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL 2.00 CL 318.00 LF 80.00 TF 85.00 EA 2023 1011 1012 2023 2023 1011 1012 2023 2461 1230 1231 2461 3 1 2 3 1703 90 896 897 1793 4164 95 2128 2131 4259 10000 5000 5000 i0000 694 1219 956 957 1913 900 450 450 900 1850 925 925 1850 2500 1250 1250 2500 10000 5000 5000 10000 33 16 17 33 457 22~ 229 457 900 450 450 900 22091 11044 11047 22091 499 249 250 499 1062 2397 1728 1731 3459 1385 2049 1716 1718 3434 5636 11856 8746 8746 17492 907 452 458 907 1200 600 600 1200 1097 548 549 1097 3339 1669 1670 3339 1093 133 612 614 1226 261 129 132 261 836 417 419 836 8166 8092 6628 6630 13258 45693 51959 48813 48839 99652 LABOR/MATERIAL EXPENSE 51880 52054 ................ RECOLLECTIBLE/UPRR EXPENSE 51952 51982 ESTIMATED PROJECT COST 103934 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECRF~E IN THE COST OR QUANTITY CE MATERIAL OR LJIBOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. i A-2003--187 ~ Pablic Road Improvement 12/04/00 F~etlm~efl COSTS Form Approved-AVP Law Improvements to Existing Public Road At Grade Crossing For Dyer Road, DOT 761683T M,P. 520.52 Santa Aha Industrial Lead, Los Nietas Subdivision Santa Aha, California THIS AGREEMENT, exeeated in duplicate this ~_' _ day of ~p~r', 2003, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and CITY OF Santa Aaa, a municipal corporation of the State of California (hereinafter the "Political Body"), W1TNESSETH: RECITALS: The Political Body hah requested the Railroad to improve the existing Dyer Road crossing, at grade, along, over ~ntt across the Railroad's track and right of way at Mile Post 520.52, Santa Aha Industrial Lead, Los Nietos Subdivision, DOT No. 761683T, in City of Santa Aha, Orange County, California to which the Railroad is agreeable, but solely upon terms and conditions hereina~er 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 plank and asphalt crossing, Co) install a 120 t~. precast concrete crossing, (c) field weld rail, (d) relay track at crossing with 133# mil, (e) renew thc crossties, and (f) surface the track with new ballast, all at the intersection of the Railroad's Santa Aha Industrial Lead with Dyer Road at Mile Post 520.52 in Santa Aha, Orange County, California, ns shown generally on Railroad's prim dated June 18, 2003, marked Exhibit A, hereto attached and hereby made a part hereof. 2. The Political Body agrees to reimburse the Railroad for one hundred percent (100%) of Railroad's actual labor and material costs associated with the work and materials described in Section 1 above. The Railroad estimates such cost to be seventy one Thousand seven Hundred and thirty five Dollars ($71,735), as set forth in Estimate of Material and Force Account dated June 24, 2003 marked Exhibit B, hereto attwzhed and hereby made a part hereof. During the performance of such work the Railroad will provide progressive billing to Political Body based on Railroad's actual costs. Actual costs to the Railroad shall include customary additives to mater'mls, services and labor provided by the Railroad. Within 120 Days after Railroad has completed its work, the RailroM will submit a final billing to Political Body for any balance owed. Political Body shall pay the Railroad within thirty (30) ~ay$ 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 thc track tie ends replaced with paving or some surfacing material other than timber planking, 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 all labor, material and equipment to install concrete or asphalt sweet approaches, and if required, will install advanced warning signs, and pavement markings in compliance and conformance with the Manual on Uniform Traffic Control Devices. Public Road Improvement 12/04~0 E~im~ed Costs Form Approved-AVP Law 5. ff Political Body's contractor(s) is/are performing any work described in Section 4 above, then the Political Body shall require its conU-actor(s) to execute tho Railroad's standard and current form of Coatmctor's Right of Entry Agreement. Political Body acknowledges receipt of a copy of the Cen~racto~s Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its conWactor(s) of the need to execute tho Agreement. Under no circumstances will the Political Body's contractor(s) be allowed onto the Railroad's premises without first executing the Contrac~r's Right of Entry Agreement. 6. Fiber optic cable systems may be buried on thc Railroad's property. Protection of thc fiber optic cable systems is of extreme importanoe sinc~ 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 thc Railroad during normal business hours (7:00 a~m. to 9:00 p.m., Control 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 thc Railroad's premises to be used by thc Political Body or its contractor(s), flit is, Political Body or its contactor(s) will telephone thc telecommunications company(ies) involved, arrange for a cable locater, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. 7. Thc Political Body, for itself and for its suc~ssors 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. Thc 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 execating this agreement on behMf of tho 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 pardes hereto have duly executed this Agreement as of the date and year first bereinabove writ~n. UNION PACIFIC RAILROAD COMPANY Title: U['[[?--~ [ 13ll ll'l'l CITY OF SAN,T~ ANA Title: r let Assistant City Pursuant to Resolution/Order dated , hereto attached. ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: 2003 ROAD CROSSING PROJECT DYER ROAD, M.P. 520.52 SANTA ANA, CALIF. DOT 9761683T, SANTA ANA INDUSTRIAL LEJ~D INSTALL 120 FT OF CONCRETE CROSSING COST DISTRIBUTION IS 50% CITY AND 50% UPRB DATE: 2003-06-24 PID: 46778 AWO: 43644 MP,SUBDIV: 520.52, SANTAANA SERVICE UNIT: 20 CITY: SANTA ANA STATE: CA DESCRIPTION QTY ENGINEERING WORK ENGINEERING TOTAL ENGINEERING SIGNAL WORK LABOR ADDITIVE 150% MATL STORE EXPENSE SALES TAX SIGNAL TOTAL SIGNAL TRACK & SURFACE WOR/f ADVANCE ~RN I NG BALAST 2.00 CL BILL pP~ PARAT I ON COMPANY EQUIPMENT USAGE DISPOSAL FEE - CALIP EQUIPMENT RENT;~L FIELD WELD FOREIGN LINE FREIGHT HOME LINE FREIGHT LABOR ADDITIVE 150% MATL STORE EXPENSE OTM RAIL 478.00 LF RDXING 120.00 TF TOTAL TRACK & SURFACE LABOR/MATERIAL EXPENSE RECOLLECTIBLB/UPRR EXPENSE ESTIMATED PROJECT COST EXISTING REUSEABLE MATERIAL CREDIT SALVAGE NONUSEABLE MATERIAL CREDIT RECOLLECTIBLE LESS CREDITS UNIT LABOR MATERIAL REOOLL UPRR TOTAL 3114 1557 1557 3114 3114 1557 1557 3114 2461 1230 lB31 2461 3 i 2 3 1703 90 896 897 1793 4164 95 2128 2131 4259 10000 5000 5000 10000 694 1219 956 957 1913 900 450 450 900 1850 925 925 1850 2500 1250 12~0 2500 10000 5000 5000 10000 115 57 58 115 685 342 343 685 900 450 450 900 34612 17304 17308 34612 768 383 385 768 2655 3919 3286 3288 6574 2127 3114 2620 2621 5241 8456 17670 13063 13063 26126 1410 704 706 1410 1500 750 750 1500 2201 i100 t101 2201 3339 1669 1670 3339 3734 265 1999 2000 3999 291 144 147 291 931 464 467 931 12282 7986 10134 10134 20268 71437 64686 68050 68073 136123 78715 64781 ................ 71735 71761 143496 0 0 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.