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Home My WebLink AboutUNION PACIFIC RAILROAD CO. 3 -2002 " Signal Interconnect 010l'26 Fonn Approved, A VP.Law . . Folder No.: 2101:31 A-2002-175 ~.. PLDl\ - \UJi'juyel/<.- (2) ORt~, SIGNAL INTERCONNECT AGREEMENT THIS AGREEMENT, made this IS~ day of od-oln<:' It- ,2001-, 15y and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at 1800 Farnam Street, Omaha, Nebraska 68102 (hereinafter "Railroad"), and CITY OF SANTA ANA a(n) California municipal corporation to be addressed at P,O, Box 1988, Santa Ana, CA 92702 (hereinafter "Political Body"), WITNESSETH: WHEREAS, Political Body desires to undertake as its project the installation of highway traffic control signals at the intersection of the Railroad and Main Street, Dyer Road and Flower Street in Santa Ana, Orange County, California, as shown on the print(s), marked Exhibit A, hereto attached and hereby made a part hereof; and WHEREAS, Railroad has grade crossing protection devices at the intersection of its track and Main Street, Dyer Road and Flower Street at Mile Posts 52020, 520.52 and 520,77, Santa Ana Industrial Lead Subdivision; and WHEREAS, Railroad agrees to install the necessary relays and other materials required to interconnect and coordinate the operation of said railroad grade crossing protection devices with the operation of said highway traffic control signals, Said work is to be performed at the sole expense of Political Body; and WHEREAS, Political Body and Railroad, severally and collectively, desire to interconnect and coordinate the operation of said signals. AGREEMENT: NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as herennder set forth, it is agreed as follows: SECTION I - SCOPE OF WORK a). Political Body and Railroad, severally and collectively, agree to interconnect and coordinate the operation of the railroad grade crossing protection devices with the operation of the highway traffic control signals at Mile Posts 520.20, 520.52 and 520.77, Santa Ana Industrial Lead Subdivision. b). Railroad agrees to install the necessary relays and other materials required for interconnect at Political Body's expense, as set forth in Section I (d) below. c). Railroad hereby grants permission and authority to Political Body and/or its contractor to install the conduit with the necessary wiring beneath the track on the condition that Political Body requires any of its contractors performing work on Railroad's property to enter into a Right of Entry Agreement with Railroad. Political Body acknowledges receipt of a copy of the Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the agreement. Under no circumstances will Political Body's contractor be allowed onto Railroad's premises without fIrst executing the Right of Entry Agreement. d), 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 herein. The Railroad estimates such cost to be THIRTY-ONE THOUSAND SEVEN HUNDRED FOURTEEN DOLLARS ($31,714.00), as set for in Estimate of Material and Force Account dated June 18,2002, marked Exhibit B, hereto attached and hereby made a part hereof. 2101-5\ City of Santa Ana, CA Main St, Dyer Rd & Flower St Page 1 July 11, 2002 Signal Interconnect 010126 Form Approved, A VP-Law Folder No.: 2101-"S1. . . SECTION 2 - CONSTRUCTION AND MAINTENANCE Railroad will furnish all labor, material, equipment and supervision for and shall install simultaneous pre- emption in existing casings. SECTION 3 - PAYMENT In addition to the payment set forth in Section ID above, in consideration of Political Body's agreement to perform and abide by the terms of this Agreement and the work to be performed by Railroad, Political Body agrees to pay Railroad an administrative fee of FIVE HUNDRED DOLLARS ($500.00) upon the execution of this Agreement. SECTION 4 . CONDITIONS a). Except.as set forth in Section 5, Political Body shall not be liable to Railroad on account of any failure of Railroad's flasher lights to operate properly nor shall Railroad have or be entitled to maintain any action against Political Body arising from any failure from Railroad's flasher lights to operate properly. Similarly, Railroad shall not be liable to Political Body on account of any failure of Political Body's traffic signal to operate properly nor shall Political Body have or be entitled to maintain any action against Railroad arising from any failure of Political Body's traffic signal to operate properly. b). Political Body reserves the right to cancel this agreement for any reason and at any time prior to Railroad proceeding with any part of the work outlined herein. c). 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. 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 Railroad's premises to be used by Political Body or its contractor(s). If it is, Political Body or its contractor(s) will telephone the telecommunication 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 Railroad's premises. SECTION 5 - INTERFERENCE Each party shall take all suitable precautions to prevent any interference (by induction, leakage of electricity or otherwise) with the operation of the other party's signals or communications lines, or those of its tenants; and if, at any time, the operation or maintenance of its signals results in any electrostatic effects, the party whose signals are causing the interference shall, at its expense, immediately take such action as may be necessary to eliminate such interference. 2101-51 City of5anta Ana, CA Main St, Dyer Rd & Flower 5t Page 2 July II, 2002 Signal Interconnect 010126 Form Approved, A VP-Law Folder No.: 2101=51 . . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the day and year fIrst herein written. UNION PACIFIC RAILROAD COMPANY By MANAGER CONTRACTS ATTEST: ~ Clerk of the Council ZZ:4iANA ~~ ~ By Title: ri +-y r~;:ln;:l(y~::>r APPROVED AS TO FORi" ~'<-{~- LISA E. STORCK Assistant City Attern@' 2101~51 City of5anta Ana, CA Main St, Dyer Rd & Flower 5t Page 3 July 11.2002 N I W_.E , S 'T sllNT ANNE ~ W INT GERTRUDE '" '" o '" m ~ o o Q <( ::; o 2 " ~ z ;- '" '" m '" " ~ '" ,. '" '" z 0 z z '" '" m '" m '" W ANAHURST -< '" 2 0 LOCATION OF EXISTING PUBLIC ROAD CROSSINGS SIGNAL INTERCONNECT CONSTRUCTION PROJECT E sAllr GERTRUDE i I E SAlh " -< E ANAHURST ~ " :J: ,. r n r '" 8 > o '" Q Z -< ,. '" '" ,: z " ,. " " ~S " o o ~ w '" o "' '" " '" ~ ~ > ~ l!! ~ 0 -< I? MP 520.52 - Santa Ana Industrial Lead Dyer Road - DOT #761683T Existing At-Grade Public Road Crossing Signal Interconnect Construction Project . ~ ~ /outhSant:aPrla F m ND santi/nd1lSt~Le1 ~ ~ ~ .~ " ,. s: o CARRIAGE ~ MP 520.20 - Santa Ana Industrial Lead Main Street- DOT #761253H Existing At-Grade Public Road Crossing ~ Signal Interconnect Construction Project RA ~ m " m " ,. '" m 'E'll " " " m m z ~ ~ . i , , L :NTRAL :J: E CENTRAL- Ri ,. '" o '" [ I I I J I' I I I -t- EMMETT '" " o " > '" l..oc'O.W"'/ H EADAMS I l:ti I I o ~ GOETZ '~ '" .. m 0 r r m YOUNG LOCK WAY :e DYER RD .. " I I iMACAR:ulURj ::::::1:'.tA&.<UY.. ~ W CAROL Ii! '" ~~ '" ~ m F ~ MP 520.77 - Santa Ana Industrial Lead ~.. Flower Street - DOT #761682L r A Existing At-Grade Public Road Crossing il Signal Interconnect Construction Project WSlE " r '" o z SEGERSTRQ .u> " ~ " ;:\ I I J I [ W ALTON '" '" ~ '" $ m :J: ,. r > Q ~ A , E COLUMBINE W CURIE '" ,. ;: o z ,. W4lPINe '" w " > ::; ,. :t 0 '" " z tfi en '" W BELL '" m '" & a; -< " en ,. '" '" " ,!lllIP"Ei. \J'I '" z z -. ~ ? W COLUMB E s: i!i .'OA~ I ~ ~ "'" 0'." "" '" ^'" $ ... RAILROAD WORK TO BE PERFORMED: EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY 1. Install simultaneous pre-emption in existing casings. SANTA ANA INDUSTRIAL LEAD MILE POST 520.20 MILE POST 520.52 MILE POST 520.77 GPS: N n" 42_467'. W1l70 52_60W GPS: Nl3o..2,SgS', W 117" j2.411' OPS: N 33042.114', Wll7" 52.086' SANTA ANA, ORANGE CO., CA. Illustrative print showing location of existing at-grade public road crossings signal interconnect construction project with the CITY OF SANTA ANA, Folder No. 2101-51 Date: July 1 I, 2002 WARNING IN ALL OCCASIONS, U,P. COMMUNICATIONS DEPARTMENT MUST BE CONTACfED IN ADVANCE OF A..~y WORK TO DETERMINE EXISTENCE AND LOCATION OFF1BER OPTIC CABLE. PHOl'tE: 1- (800)336-9193 II ". ""' A DATE: 2002-06-1. ESTIMATE OF MATE~ FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: INSTALL SIMULTANEOUS PRE-EMPTION IN EXISTING CASES_ AT MAIN ST, DYER ROAD AND FLOWER ST. IN SANTA ANA, CA. M.P. 519.40 ON THE SANTA ANA IND. LEAD SIGNAL PROJECT MANAGER: LEE BURDEN 935-7680 RAILROAD TO PERFORM ALL WORK / COST DISTRIBUTED 'AS FOLLOWS: SIGNAL - CITY OF SANTA ANA 100% RECOLLECTIBLE PID: 43900 AWO: SERVICE UNIT: 20 CITY: DYER MP,SUBDIV: 519.40, SANTAANA STATE: CA . ' TIlE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN TIlE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR, REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT TIlE CURRENT EFFECTIVE RATE. "- , EXHIBIT B