HomeMy WebLinkAboutCA CALTRANS & SCRRA 1 - 2005
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MEMORANDUM OF UNDERSTANDING
McFadden Avenue Section 130 Highway-Rail Grade Crossing Safety Enhancement Project
This Memorandum of Understanding ("MOU") is made and entered into on this 18th day of
August, 2005, by and between the City of Santa Ana, a charter city and municipal corporation
duly organized and existing under the Constitution and laws of the State of California,
hereinafter referred to as "CITY", and the Southern California Regional Rail Authority, a joint
powers authority existing under the laws of the State of California, hereinafter referred to as
"seRRA".
RECITALS
SCRRA entered into a Service Contract No. 75LX021 with the State of California Department of
Transportation, (hereinafter "CALTRANS") to install at-grade crossing safety devices at the
McFadden Avenue Crossing, the California Public Utilities Commission ("CPUC") No. 101 OR-
176.70, the United States Department of Transportation ("DOT") No 026743A, in the City of
Santa Ana in September 2004. The funding for the crossing safety improvements is provided
under Title 23, United States Code, Section 130 (23 U.S.C. 130), the "Section 130 Program".
Said devices include constant time warning devices, simultaneous preemption, LED flashing
light signals, CPUC Standard No.8 (flashing-light signals) warning devices on the southeast and
northwest quadrant of the crossing for pedestrians and new signal cabinet (hereinafter "Crossing
Work ").
CITY agreed to design and construct a raised median and minor sidewalk channelization work in
conjunction with Crossing Work.
CITY and SCRRA desire to cooperate and complete Crossing Work and CITY's median and
sidewalk work as set forth in Exhibit "A", and desire to specify the terms and conditions under
which Crossing Work is to be implemented, designed, constructed, financed, operated and
maintained.
SECTION I
SCRRA AGREES:
1. To provide and obtain necessary railroad permits and easements for Crossing Work, and
design and construct the signal upgrades to 12" LED, install additional CPUC Standard
No.8 railroad signals and upgrade the cabinet as appropriate and required by the Service
Contract with CALTRANS.
2. To maintain responsibility for the Crossing Work including budgeting, final costs and
quarterly reporting.
3. Pay CITY $53,232 for the raised median work provided by CITY, with a contingency of
$13,308, for an amount of $66,540. If CITY requests additional funding, SCRRA will
request service contract supplement from Caltrans for the additional funding.
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4. To handle maintenance costs of the railroad crossing warning signals and signal controls
in accordance with California Public Utilities Code ("CPUC") gI202.2, except that
CITY's liability thereof shall be limited to such funds as may be set aside for allocation
through the California Public Utilities Commission ("the Commission") pursuant to
CPUC g1231.1 and SCRRA shall submit to the Commission invoices for CITY's share of
the maintenance costs of the railroad crossing warning signals and signal controls.
SECTION II
CITY AGREES:
I. To design and construct a raised median and minor sidewalk channelization required to
complete Crossing Work, as set forth in Exhibit A, attached hereto and incorporated by
this reference.
2. To execute and deliver to SCRRA, prior to commencing any work within the rail right-
of-way, SCRRA Form No.6 (Temporary Right-of-Entry agreement), and deliver and
secure approval of the insurance required by the two exhibits attached to SCRRA Form
No.6. If CITY retains a contractor to perform any work within the rail right-of-way,
then CITY shall incorporate in its contract documents SCRRA Form No.6 and SCRRA
Form No. 37 (Rules and Requirements for Construction on Railway Property), attached
hereto as Attachment I and Attachment 2, respectively.
3. To handle maintenance costs of the railroad crossing warning signals and signal controls
in accordance with CPUC g1202.2 of the California state statutes, except that CITY's
liability thereof shall be limited to such funds as may be set aside for allocation through
the Commission pursuant to CPUC g 1231.1 and SCRRA shall submit to the Commission
invoices for CITY's share of the maintenance costs of the railroad crossing warning
signals and signal controls.
SECTION III
MUTUAL AGREEMENT:
I. Neither SCRRA, nor the operating railroads, nor any of SCRRA's board members,
member agencies, officers, agents, volunteers, contractors, or employees shall be
responsible for any damage or liability occurring by reason of any acts or omissions on
the part of CITY under or in connection with any work, authority or jurisdiction
delegated to CITY under this MOU. CITY shall indemnify, defend and hold harmless
SCRRA, any operating railroads, as well as their respective board members, member
agencies, officers, agents, volunteers, contractors, and employees ("SCRRA
Indemnitees") from any and all liability, loss, expense (including reasonable attorneys'
fees and other defense costs), demands, suits, liens, damages, costs, claims, including but
not limited to, claims for bodily injury, death, personal injury, or property damage, that
are incurred by or asserted against the SCRRA Indemnitees arising out of or connected
with any negligent acts or omissions on the part of CITY, its council, officers, agents,
contractors, or employees under or in connection with any work, authority or jurisdiction
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delegated to CITY under this MOU. This indemnity shall survive termination of this
MOU.
2. Neither CITY, nor its council, officers, agents, contractors, or employees shall be
responsible for any damage or liability occurring by reason of any acts or omissions on
the part of SCRRA, or any operating railroads, under or in connection with any work,
authority or jurisdiction delegated to SCRRA, or any operating railroads, under this
MOU. SCRRA, and any operating railroads, shall indemnify, defend and hold harmless
CITY, its council, officers, agents, volunteers, contractors, and employees ("CITY
Indemnitees") from any and all liability, loss, expense (including reasonable attorneys'
fees and other defense costs), demands, suits, liens, damages, costs, claims, including but
not limited to, claims for bodily injury, death, personal injury, or property damage, that
are incurred by or asserted against the CITY Indemnitees arising out of or connected with
any negligent acts or omissions on the part of SCRRA, any operating railroads, their
board members, officers, agents, volunteers, contractors or employees under or in
connection with any work, authority or jurisdiction delegated to SCRRA, or any
operating railroads, under this MOU. This indemnity shall survive termination of this
MOU.
3. In contemplation of the provisions of Government Code 9895.2 imposing certain tort
liability jointly upon public entities solely by reason of such entities being parties to an
agreement, as defined in Government Code 9895, each of the parties hereto, pursuant to
the authorization contained in Government Code 9895.4 and 9895.6, will assume the full
liability imposed upon it or any of its officers, agents or employees by law for injury
caused by any negligent or wrongful act or omission occurring in the performance of this
MOU to the same extent that such liability would be imposed in the absence of 9895.2 of
such code. To achieve this purpose, each agrees to indemnify and hold harmless the
other for any cost or expense that may be imposed upon the other solely by virtue of said
9895.2. The provisions of Civil Code 92778 are made a part hereof as if incorporated
herein.
4. This MOU may only be modified or amended in wntmg. All modifications,
amendments, changes and revisions of this MOU in whole or part, and from time to time,
shall be binding upon the parties, so long as the same shall be in writing and executed by
SCRRA and the CITY.
5. This MOU and the exhibits attached hereto contain the entire understanding between the
parties and supersede any prior written or oral understanding and agreement between
them regarding the subject matter of this MOU. There are no representations,
agreements, arrangements or understandings, oral or written, between the parties relating
to the subject matter ofthis MOU, which are not fully expressed herein.
6. In the event any part of this MOU is declared by a court of competent jurisdiction to be
invalid, void or unenforceable, such part shall be deemed severed from the remainder of
the MOU and the balance of the MOU shall remain in effect.
7. This MOU shall be construed and interpreted under the laws of the State of California.
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8. CITY and SCRRA costs and expenses can be reimbursed starting May 21, 2004 to the
extent permitted by the Service Contract No. 75LX021.
9. Any notice sent by first class mail, postage paid, to the address and addressee, shall be
deemed to have been given when in the ordinary course it would be delivered. The
representatives of the parties who are primarily responsible for the administration of this
MOD, and to whom notices, demands and communications shall be given are as follows:
To City:
To SCRRA:
Mr. James Ross
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-43)
P.O. Box 1988
Attn: Monica Suter
Telephone: (714) 647-5645
Facsimile: (714) 647-5616
Mr. Ron Mathieu
Manager Public Projects
Metrolink, S. CA Regional Rail Authority
(SCRRA)
700 S. Flower Street, Suite 2600
Los Angeles, CA 90017-410 I
Attn: Naresh Patel
Telephone: (213) 452-0254
Facsimile: (213) 452-0423
If there are any changes in the above names and/or addresses, the party desiring to make
such change shall give a written notice to the other respective party within five (5) days
of such change.
(signatures on next page)
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IN WITNESS WHEREOF, the City of SANTA ANA and the SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY have caused this MOU executed and attested by their duly
qualified and authorized officials.
SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY
By:
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Name IDA VID SOLOW
Title: Chief Executive Officer
APPROVED AS TO FORM:
By: ~s,Jr~
Name: H/rt.@v.>. ~;h(?Ice:7L.
Title: Cl.;~ff c.v~ uV^J'<<--
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CITY OF SANTA ANA
By:
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DAVID N. REAM
City Manager
ATTEST:
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PATRICIA E. HEAL
Clerk of the Council
APPROVED AS TO FORM:
By:
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'{fl U IrJ:)l\.(f<(\.1
ame: Laura Sheedy,
Title: Assistant City Attorney
RECOMMENDED FOR APPROVAL:
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/,"ze-r'--':;IL___ ((.( i .;' J.!) // ,
JAMES G.-ROSS:' . " ,
Executive Director - Public Works Agency
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EXHIBIT "A"
SCRRA shall install two additional CPUC Standard No. 8 railroad crossing warning signals,
upgrade the railroad system equipment and cabinet and provide the necessary traffic control for
their SCRRA work in connection with the McFadden Railroad Crossing Project.
The City or its Contractor shall install a raised median for approximately 200' to the east and
west of the railroad tracks, install sidewalk pedestrian warning channelization in advance of the
railroad tracks, modify existing roadway channelization to accommodate the new median if
necessary, and provide the required traffic control for their City work in connection with the
McFadden Railroad Crossing Project.
SCRRA shall, at no cost to City, provide all necessary easements/rights-of-entry required for the
City to complete its work. The City will provide the design plans for the raised medians,
pedestrian sidewalk warning channelization and roadway channelization.
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Attachment 1
Temporary Right-of-Entry Agreement
SeRRA Form No.6
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TEMPORARY RIGHT-OF-ENTRY AGREEMENT
seRRA FORM NO.6
SCRRA File No.
SCRRA Projectrrask No.
Subdivision
Mile Post
Thomas Guide Location
This Temporary Right-of-Entry Agreement ("Agreement") is between the Southern California Regional Rail
Authority (hereinafter referred to as "SCRRA"), and
(hereinafter referred to as "Contractor"). This Agreement is for entry upon, over, and under SCRRA and Member
Agency right of way ("Right of Way") at or near
in the City of or in the Unincorporated County of
(as such location is more specifically identified above) for the purpose of
(as shown on attached drawings).
1. Definitions
A. Contractor is an individual, firm, partnership or corporation, or combination thereof, private,
municipal or public, including joint ventures, which are referred to throughout this document by
singular number and masculine gender. For purposes of this agreement, Contractor also includes any
subcontractor, supplier, agent or other individual entering the Right of Way during performance of
work.
B. Indemnitees are SCRRA, Member Agencies, and Operating Railroad, and their respective officers,
commissioners, employees, agents, successors and assigns.
C. Operating Railroad is/are that specific passenger or freight-related railroad company(s) validly
operating on SCRRA and Member Agency track(s). Operating Railroads are any combination(s) of
the National Railroad Passenger Corporation, (AMTRAK) the Union Pacific Railroad Company,
(UPRR) and the Burlington Northern Santa Fe Corporation. (BNSF)
D. Property and Right of Way is defined herein to mean the real and/or personal property of SCRRA
and/or Member Agencies.
E. SCRRA is a five-county joint powers authority, created pursuant to State of California Public Utilities
Code Section 130255 and California Government Code Section 6500 et seq., to build and operate the
"Metrolink" commuter train system in the five-county area on rail rights-of-ways owned by the
Member Agencies. The five-county Member Agencies are comprised of the following: Los Angeles
County Metropolitan Transportation Authority (MTA), Ventura County Transportation Commission
(VCTC), Orange County Transportation Authority (OCT A), San Bernardino Associated Governments
(SAN BAG), and Riverside County Transportation Commission (RCTC).
F. SCRRA Railroad Employee (SRE) is a Southern California Regional Rail Authority employee
(SCRRA General Code of Operating Rules and Territory Qualified) providing warning to Public
Agency or Contractor personnel of approaching trains or on track equipment and who has the
seRRA FORM NO.6
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authority to halt work and to remove personnel from the Right of Way to assure safe work.
2. References
When working on the Right of Way, the Contractor must comply with the rules and regulations contained
in the current editions of the following documents which are "references" incorporated in this document
as if they were set out in full in this paragraph. The Contractor, by its signature on this Agreement,
acknowledges receipt of these documents and agrees to abide by said rules and regulations at all times
when on the Right of Way.
A. Rules and Requirements for Construction on Railway Property, SCRRA Form No. 37.
B. General Safety Regulations for Third Party Construction and Maintenance Activity on SCRRA
Member Agency Right of Way.
3. Entrv Onto Ril!ht ofWav
No verbal approvals will be granted. The Contractor shall not enter onto the Right of Way unless
Contractor has arranged for SCRRA safety training as well as protective services, (SCRRA Railroad
Employee (SRE) and/or other protective services to be determined by SCRRA) and has paid all charges
and fees. A fully executed copy this Form 6 must be in the possession of the contractor at the job site and
must be produced by Contractor upon request by SCRRA or Member Agency's representative. If said
Agreement is not produced, SCRRA has the right to suspend work in the Right of Way until Contractor
demonstrates possession of Agreement at the job site.
4. Termination of A!!reement
SCRRA or Member Agency reserves the right to terminate or revoke this temporary Agreement at any
time upon two hours notice; however, in the event of an unsafe condition on the Right of Way, SCRRA
shall have the right to terminate this Agreement immediately, without any advanced notice. Unless
subsequently modified, extended, terminated or revoked by SCRRA, this temporary Agreement shall
extend until the work authorized hereunder is completed or accepted by SCRRA. In any event, however,
the Agreement shall be automatically terminated if or when the insurance that the Contractor is required
to maintain hereunder lapses or expires. The Contractor agrees to notifY SCRRA, in writing and orally,
when use of the Right of Way or work is completed (see Section 18 of this Agreement for SCRRA
contact). Under no circumstances shall the temporary right of entry provided for under this Agreement be
construed as granting to the Contractor or its Subcontractors and agents any right, title or interest of any
kind or character in, on, or about any Property.
At the request of SCRRA or Member Agency, Contractor shall remove from the Right of Way any
employee or other individual who fails to conform to the instructions of SCRRA's or Member Agency's
representative in connection with work on the Right of Way. Any right of Contractor to enter upon the
Right of Way shall be suspended until such request of SCRRA or Member Agency is met. Contractors
shall defend, indemnifY and hold harmless SCRRA and Member Agency against any claim arising from
the removal of any such employee or other individual from the Right of Way.
5. Indemnification
Contractor, on behalf of itself and its employees, subcontractors, agents, successors, and assigns, agrees to
indemnifY, defend, by counsel satisfactory to SCRRA and Member Agency, and hold harmless
"Indemnitees", and each of them to the maximum extent allowed by law, from and against all loss,
liability, claims, demands, suits, liens, claims of lien, damages (including incidental consequential
damages), costs and expenses (including, without limitation, any fines, penalties, judgments, actual
litigation expenses, and experts' and actual attorneys' fees), that are incurred by or asserted against
seRRA FORM NO 6
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Indemnitees arising out of or connected in any manner with (i) the acts or omissions of the Contractor, or
its officers, directors, affiliates, subcontractors or agents or anyone directly or indirectly employed by
them or for whose acts the foregoing persons are liable (collectively, "Personnel") in connection with or
arising from the presence upon or performance of activities by the Contractor or its Personnel with respect
to the Right of Way, (ii) bodily and/or personal injury or death of any person (including without limitation
employees of Indemnitees) or damage to or loss of use of Property resulting from such acts or omissions
of the Contractor or its Personnel, or (iii) non-performance or breach by Contractor or its Personnel of any
term or condition of this Agreement, in each case whether occurring during the term of this Agreement or
thereafter.
The foregoing indemnity shall be effective regardless of any negligence (whether active, passive,
derivative, joint, concurring or comparative) on the part of Indemnitees, unless caused by the sole
negligence or willful misconduct of Indemnitees, and is in addition to any other rights or remedies, which
Indemnitees may have under the law or under this Agreement.
Claims against the Indemnitees by the Contractor or its Personnel shall not limit the Contractor's
indemnification obligations hereunder in any way, whether or not such claims against Indemnitees may
result in any limitation of the amount or type of damages, compensation, or benefits payable by or for the
Contractor or its Personnel under workers' compensation acts, disability benefit acts or other employee
benefit acts or insurance.
The provisions of this section shall survive the termination or expiration of this Agreement.
6. Assumotion of Liabilitv
To the maximum extent allowed by law, the Contractor releases Indemnitees from and assumes any and
all risk of loss, damage or injury of any kind to any person or property, including without limitation, the
Property and/or Right of Way and any other property of, or under the control or custody of, the Contractor
or its personnel in connection with any acts undertaken under or in connection with this Agreement. The
Contractor's assumption of risk shall include, without limitation, loss or damage caused by defects in any
structure or improvements (including easement, lease or license agreements for other existing
improvements and utilities) on the Right of Way, accident or fire or other casualty on the Right of Way, or
electrical discharge, noise or vibration resulting from SCRRA, Member Agency, and Operating Railroad
transit operations on or near the Right of Way and any other persons or companies employed, retained or
engaged by SCRRA or Member Agency. The Contractor, on behalf of itself and its Personnel (as defined
in Section 5, "Indemnification") as a material part of the consideration for this Agreement, hereby waives
all claims and demands against the Indemnitees for any such loss, damage or injury of the Contractor
and/or its Personnel. The Contractor waives the benefit of California Civil Code Section 1542, which
provides as follows: "A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
The provisions of this Section shall survive the termination or expiration of this Agreement.
7. Insurance
The Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect during the
term of this Agreement insurance as required by seRRA or Member Agency in the amounts, coverage,
and terms and conditions specified, and issued by insurance companies as described on Exhibit "A".
SCRRA or Member Agency reserve the right, throughout the term of this Agreement, to review and
change the amount and type of insurance coverage it requires in connection with this Agreement. Prior to
entering the Right of Way or performing any work or maintenance on the Right of Way, the Contractor
shall furnish SeRRA with insurance endorsements or certificates in the form of Exhibit "sn, evidencing
the existence, amounts and coverage of the insurance and signed by a person authorized by the insurer to
seRRA FORM NO.6
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bind coverage on its behalf. In most instances, SCRRA and Member Agency do not allow self-insurance;
however, if the Contractor can demonstrate assets and retention funds meeting SCRRA and Member
Agency self-insurance requirements, SCRRA and Member Agency may in SCRRA's sole and absolute
discretion permit the Contractor to self-insure. The right to self-insure with respect to any coverage
required hereunder may be granted or revoked at the sole and absolute discretion of SCRRA or any
Member Agency. SCRRA or Member Agency shall not be liable for the payment of any premiums or
assessments for insurance required to be maintained by the Contractor under this Agreement. Contractor
affirms that all subcontractors covered by this Agreement are insured to the same limits required of the
Contractor or included in Contractor's policy.
Prior to the expiration of any policy, the Contractor shall furnish SCRRA with certificates of renewal or
"binders" thereof. Each certificate shall expressly state that such policies shall not be cancelable or
otherwise subject to modification except after thirty (30) days prior written notice to SCRRA and Member
Agency.
8. No Assilmment
The Contractor shall not assign this Agreement or any right hereunder without SCRRA's and Member
Agency's prior written consent.
9. Comvliance bv Contractor
The Contractor shall take all steps necessary to assure that its subcontractors comply with the terms and
conditions of this Agreement and applicable laws and regulations. The Contractor shall assure that no lien
is placed against the Right of Way arising from performance of work hereunder by Contractor or any
subcontractor, and in the event of such a lien, Contractor shall immediately remove or cause to be
removed such lien.
10. Safetv Orientation Class
The Contractor and his subcontractors may be required to attend a Pre-Construction meeting and/or
SCRRA Safety Orientation Class prior to receiving permission to enter the Right of Way.
II. SCRRA Safety and Protective Services
The Contractor must request and arrange for on track safety protection satisfactory to SCRRA in the
following circumstances:
A. When Contractor's personnel or equipment encroach onto the Right of Way;
B. When any part of any equipment is standing or being operated within or adjacent to the Right of
Way, or when any erection or construction activities are in progress within such limits;
C. For any excavation within the railroad Right of Way;
D. For any clearing, grubbing, grading, or blasting in proximity to the Right of Way which, in the
opinion of SCRRA or Member Agency's representative, may endanger the Right of Way or
operations;
E. For any street construction and maintenance activities, located within the Right of Way or in the
vicinity of an at-grade crossing, requiring temporary work area traffic control;
The Contractor shall notify the SCRRA Maintenance of Way office (909-392-4506) a minimum of five
(5) working days prior to beginning work on the Right of Way and secure any protection SCRRA deems
necessary. This prior notification does not guarantee the availability of on track safety protection for the
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proposed date of construction. To the full extent of Paragraph 4 above (Indemnification), Contractor
agrees to indemnify SCRRA against any and all claims resulting from sickness or any other absence.
SCRRA will charge the Contractor four hours minimum for services four hours or less in duration. The
Contractor will be charged for an entire eight-hour day if the Contractor cancels SCRRA services after the
SCRRA Railroad Employee is on the site on the day of the appointment.
12. Reimbursement of Costs and Expenditures
The Contractor agrees to reimburse SCRRA or Member Agency for all cost and expense incurred by
SCRRA or Member Agency in connection with said work, including without limitation the expense of
engineering plan review, staff costs to process approvals and agreements, furnishing an SCRRA Railroad
Employee, and protective services as SCRRA deems necessary. Contractor agrees to reimburse SCRRA
for all construction related services including but not limited to installation and removal of falsework
beneath tracks, restoration of railroad roadbed and tracks, installation of appropriate protective devices,
temporary and permanent repairs of signal or communication equipment, restoration of the Right of Way
to a condition satisfactory to SCRRA's and Member Agency's representative.
The Contractor agrees to reimburse SCRRA or Member Agency actual cost and expense reasonably
incurred for all services and work performed in connection with said work, including SCRRA's allocated
overhead and fringe benefits. SCRRA will charge the Contractor for eight hours minimum if the
Contractor cancels SCRRA services after SCRRA Railroad Employee is on site on the day of the
appointment.
The Contractor also agrees to reimburse SCRRA, Member Agency andlor Operating Railroad for any and
all cost and expense incurred as a result of Contractor's work which may result in (i) unscheduled delay to
the trains or interference in any manner with the operation of trains, (ii) unscheduled disruption to normal
train operation, (iii) unreasonable inconvenience to the public or private user of the system, (iv) loss of
revenue, and (v) alternative method of transportation for passengers. SCRRA will submit final bills to the
Contractor for cost incurred.
Prior to commencement of work, the Contractor shall deposit with SCRRA the sum of
dollars ($) representing the estimated expense to be incurred by SCRRA and Member
Agency in connection with said work. As the work progresses, SCRRA may require additional progress
payments as the scope of work changes or becomes clearer. SCRRA may discontinue services to
Contractor pending receipt of progress payments. The deposit and progress payments shall be applied to
SCRRA's and Member Agency's actual costs and expenditures. The Contractor shall be responsible to pay
any amount exceeding the above payments upon receipt of notice or invoice by SCRRA. SCRRA shall
exercise its best efforts to provide final invoicing to Contractor within 90 days following completion of
the work; however, Contractor acknowledges that it shall be responsible for payment of all expenses
incurred by SCRRA and Member Agency in connection with the work even if the final invoicing is
provided to Contractor thereafter. Upon satisfactory completion of all work, any payments in excess of
SCRRA's and Member Agency's costs and expenditures shall be returned to the Contractor within
reasonable time.
I f there is no amount indicated in the blank space provided above for the deposit to be made by the
Contractor, and if prior SCRRA written approval is obtained, in lieu of such deposit, Contractor shall
cause surety bond to be executed by a reliable surety acceptable to SCRRA and Member Agency,
conditioned upon the faithful performance of the provisions of this Agreement.
13. Temporarv Traffic Control
Temporary traffic control shall be used when a maintenance or construction activity is located on the
Right of Way or when the activity is located in the vicinity of a highway-rail grade crossing, which could
result in queuing of vehicles across the railroad tracks. Refer to SCRRA's "Temporary Traffic Control
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Guidelines" for further information on definitions, referenced standards, traffic control plans, submittals,
traffic control elements and responsibility/authority for temporary traffic control at highway-rail grade
crossings. The guidelines provide acceptable alternatives and procedures, which prescribe appropriate
temporary traffic control measures at highway-rail grade crossings and are available on the SCRRA
website. (htto://ww\v.metrolinktrains.com/Public Proiects Site/PDF Files/Temoorarv Traffic Control
Guidelines.pdt)
14. Environmental Health and Safetv Plan
Contractor shall immediately noti fY SCRRA and the appropriate regulatory agency (ies) of any spill,
release, discharge, or discovery of any hazardous material or contaminants in, on, or under the Property.
After providing such notice to SCRRA and the appropriate regulatory agency (ies), any contaminated
soils or hazardous materials which are spilled, released, discharged, or discovered by the Contractor, shall
be promptly removed and disposed of by Contractor in accordance with all the applicable laws at
Contractor's sole cost and expense. To the extent preexisting contamination or hazardous material, which
was not caused or contributed to by Contractor, is discovered or unearthed by Contractor, Contractor shall
only be obligated by this provision to removing and disposing of that portion of the contaminated soils or
hazardous materials that are unearthed or otherwise disturbed during Contractor's operations. Prior to
entry onto the Property, Contractor (s) performing trenching, excavations, or soil borings may be required
by SCRRA to submit a "Hazardous Materials Work Plan." If required, said plan shall include
Contractor's site-specific health and safety plan and any other information that SCRRA may require.
Contractor shall ensure that all documentation for transportation or disposal of contaminated soils of
hazardous materials is prepared in the Contractor's name only and that neither SCRRA nor Member
Agency shall have any responsibility or liability therefor. Contractor shall defend and indemnifY SCRRA
for any spill, release, or discharge of contaminants or hazardous materials by Contractor in connection
with activities hereunder in accordance with Section 5 Indemnification (Page 2 of 12)
15. Warrantv for Plan Review
Review and or approval of the plans and calculations by SCRRA shall not relieve the Contractor of
responsibility for full compliance with contract requirements, correctness of design drawings and details,
proper fabrication and construction techniques, and coordination with other government and private
permitting agencies, nor shall such review or approval by SCRRA in any way relieve Contractor from, or
otherwise modify, Contractors' indemnity obligations (Section 5) or assumption of liability obligations
(Section 6). Execution of this right of entry does not imply design warranty or responsible charge on the
part of SCRRA engineering employees. The parties expressly agree that SCRRA makes no warranty of
any kind and assumes no responsibility therefore.
16. Miscellaneous
Wherever the context of this document so requires, words used in the masculine gender shall include the
feminine and neuter genders; words used in the neuter gender shall include the masculine and feminine
genders; words in the singular shall include the plural; and words in the plural shall include the singular.
17. Emel"l!encv Telephone Numbers
The Contractor must immediately contact SCRRA in case of accidents, personal injury, defect in track,
bridge or signals, or any unusual condition that may affect the safe operation of the railroads. The
following are SCRRA's emergency numbers:
seRRA FORM NO.6
Page 6 of 12
7/12/2004
Signal emergencies and grade crossing problems
Metrolink Chief Dispatcher
Metrolink Sheriffs Dispatcher
Signal and Communications Cable Location
(888) 446-9721
(909) 593-0661 or (888) 446-9715
(323) 563-5280
(909) 392-8476
18. Notices
Except as otherwise provided in this agreement, all notices, statements, demands, approvals, or other
communications to be given under or pursuant to this agreement will be in writing, addressed to the
parties at their respective addresses as provided below, and will be delivered in person, or by certified or
registered mail, postage paid, or by telegraph or cable, charges pre-paid.
SCRRA:
Manager Public Projects
Southern California Regional Rail Authority (SCRRA)
700 South Flower Street, Suite 2600
Los Angeles, CA 90017-410 I
Altn: Right of Way Engineer
213/452-0256
Contractor:
Contractor's address is shown below.
19. California Law
This agreement shall be construed and interpreted in accordance with and governed by the laws of the
State of California.
The Contractor hereby agrees to the terms as set forth in this Agreement, and hereby acknowledges receipt of this
Agreement and of the insurance certificate forms (Exhibits A & B) herein provided.
(Name of Contractor)
(Signature)
(Address)
(Print Name)
(Title)
(Telephone)
(Contractor's State License No.)
(Fax)
Receipt of the foregoing agreement
acknowledged on this day of
and certificated of insurance furnished by the Contractor are hereby
20
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
By:
Right of Way Engineer
By:
Manager Public Projects
IApproved As To Form By Legal Counsel)
seRRA FORM NO. 6
Page 7 of]2
7/12/2004
EXHIBIT "A"
INSURANCE REQUIREMENTS FOR RIGHT OF ENTRY AGREEMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to Property, which may arise from or in connection with the performance of the work by the
Contractor, his agents, representatives, employees or subcontractors.
1. Minimum Scooe of Insurance
Coverage shall be at least as broad as:
IZI Insurance Services Office Commercial General Liabi Iity coverage (occurrence form CG 000 I ).
IZI Insurance Services Office form No. CA 000] (Ed. ]/87) covering Auto. Liability, code I (any auto).
IZI Worker's Compensation insurance as required by the State of CA. & Employer's Liability Insurance.
D Course of Construction insurance form providing coverage for "all risks" of loss.
D Property insurance against all risks ofloss to any tenant improvements or betterment.
D Contractor's Pollution Liability
2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
IZI General Liability: $2,000,000 per occurrence for bodily injury, personal injury and Property damage.
IZI If Commercial General Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
IZI Automobile Liability: $] ,000,000 per accident for bodily injury and Property damage.
IZI Employer's Liability: $],000,000 per accident for bodily injury or disease.
D Course of Construction: Completed value of the project.
D Property Insurance: Full replacement cost with no coinsurance penalty provision.
D Contractor's Pollution Liability: $],000,000 per occurrence/$2,000,000 annual aggregate
3. Certificate Holder/Additional Insured
Certificate holder and/or insured will be the following:
Southern California Regional Rail Authority (SCRRA)
Additionally Insured will be the following:
Los Angeles County Metropolitan Trans. Auth. (MT A)
Orange County Transportation Authority (OCT A)
Riverside County Transportation Commission (ReTe)
San Bernardino Associated Government (SAN BAG)
Ventura County Transportation Commission (VCTC)
Burlington Northern Santa Fe Corp. (BNSF)
Union Pacific Railroad Company (UPRR)
National Railroad Passenger Corporation (Amtrak)
4. Railroad Protective Liabilitv Insurance
IZI Railroad Protective Liability Insurance
The Contractor shall provide, with respect to the operations they or any of their subcontractors perform on
the Property, Railroad Protective Liability Insurance, AAR-AASHTO (ISO/RIMA) in the name of the
railroads and Member Agencies shown in Section 3 above.
seRRA FORM NO.6
Page 8 of 12
7112/2004
"
The policy shall have limits ofliability of not less than $2 million per occurrence, combined single limit,
for coverage and for losses arising out of injury to or death of all persons, and for physical loss or damage
to or destruction of Property, including the loss of use thereof. A $6 million annual aggregate shall
apply,
If coverage is provided on the London claims-made fortn, the following provisions shall apply:
A. The limits of liability shall be not less than $3 million per occurrence, combined single limit. A $9
million aggregate may apply.
B. Declarations item 6, extended claims made date, shall allow an extended claims made period no
shorter than the length of the original policy period plus one year.
C. If equivalent, or better, wording is not contained in the policy fortn, the following endorsement must
be included:
It is agreed that "physical damage to Property" means direct and accidental loss of or damage
to rolling stock and their contents, mechanical construction equipment or motive power
equipment, railroad tracks, roadbed, catenaries, signals, bridges or buildings.
For certain low-hazard activity, Contractor may request that the SCRRA and Member Agency waive the
requirement to provide the Railroad Protective Liability Insurance. If the exposure to the track is
physically separated by a building, floor, or a continuous fence (no thoroughfares) and the employees of
the Contractor are explicitly notified that they are not pertnitted to have any contact with the track, the
Railroad Protective Liability Insurance requirement may be waived by SCRRA's Manager Public Projects
or his/her designated representative.
5. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by SCRRA and Member
Agency. At the option of SCRRA, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects SCRRA and Member Agency, its officials and employees or the Contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
6. Other Insurance Provisions
The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the
following provisions:
A. SCRRA and Member Agency, its subsidiaries, officials and employees are to be covered as insureds
as respects: liability arising out of activities perfortned by or on behalf of the Contractor; premises
owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope of protection afforded to
SCRRA and Member Agency, its subsidiaries, officials and employees.
B. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance
as respects SCRRA and Member Agency, its subsidiaries, officials and employees. Any insurance or
self-insurance maintained by SCRRA and Member Agency, its subsidiaries, officials and employees
shall be excess of the Contractor's insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of
warranties shall not affect coverage provided to SCRRA and Member Agency, its subsidiaries,
officials and employees.
D. The Contractor insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits ofthe insurer's liability.
seRRA FORM NO.6
Page 9 or 12
7/12/2004
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to SCRRA
and/or Member Agency.
Course of Construction policies shall contain the following provisions:
A. SCRRA and Member Agency shall be named as loss payee.
B. The insurer shall waive all rights subrogation against SCRRA and Member Agency.
7. AcceDtabilitv of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless
otherwise approved by SCRRA and Member Agency.
8. Verification of Covera!!e
Contractor shall furnish SCRRA with original endorsements effecting coverage required by this clause.
The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The endorsements are to be on forms provided by SCRRA. All endorsements are to be received and
approved by SCRRA before work commences. As an alternative to SCRRA's forms, the Contractor's
insurer may provide complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
9. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to
all ofthe requirements stated herein.
10. Train Services
Approximate daily train traffic is
passenger trains and
freight trains.
II. Submittal
The original insurance policy (s) shall be submitted to:
Manager Public Projects
Southern California Regional Rail Authority (SCRRA)
700 South Flower Street, Suite 2600
Los Angeles, CA 90017-4101
Attn: Right of Way Engineer
213/452-0256
seRRA FORM NO.6
Page IOof!2
7/12/2004
.
POLICY
Insurance Company:
Policy Number:
Policy Period: From: To:
12:01arn Standard time at location
CERTIFICATE HOLDER AND ADDITIONALLY INSlJRED
Certificate Holder/Insured:
Southern Calitornia Regional Rail Authority (SeRRA)
700 South Flower Street, Suite 2600, Los Angeles, CA 90017-4101
Additionally Insured:
Los Angeles County Metropolitan Transportation Authority (MTA) Burlington Northern Santa Fe Corporation (BNSF)
Orange County Transportation Authority (OCT A) Union Pacific Railroad Company (UPRR)
Riverside County Transportation Commission (ReTe) National Railroad Passenger Corporation (Amtrak)
San Bernardino Associated Governments (SAN BAG)
Ventura County Transportation Commission (VCTC)
LIMITS OF INSlJRANCE
Aggregate Limit $6,000,000 Each Occurrence Limit $2,000,000
DESCRIPTION OF WORK AND JOB LOCATlON(S)
NAME AND ADDRESS OF DESIGNATED CONTRACTOR
NAME AND ADDRESS OF INVOLVED GOVERNMENT AlITHORITV OR OTHER CONTRACTING PARTY
PREMIlIM
Contract Cost
Premium Base Rate per 1,000 of Advance Premium
FORM OF ENDORSEMENT
Title Number
COllNTERSIGNATlJRE
Countersigned by Date
(Authori=ed Representative)
EXHIBIT "B"
RAILROAD PROTECTIVE LIABILITY POLICY
DECLARATION
seRRA FORM NO.6
Page II of12
7/12/2004
"
"
EXHIBIT "B"
CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
Southern California Regional Rail Authority (SCRRA)
PRODUCER THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND. EXTEND OR ALTER
THIS COVERAGE AFFORDED BY THE POLICY BELOW
COMPANIES AFFORDING COVERAGE
COMPANY A
LEITER
COMPANY B
LEITER
INSURED COMPANY C
LEITER
COMPANY D
LEITER
COMPANY E
LEHER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED NAMED ABOVE FOR TIfE POlley PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENTS.
TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE rSSUEDOR MAY PERTAIN, THE INSURANCE AFFORDED BY THE
POLICIES DESCRIBED HEREIN [S SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS
CD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DDNY) DATE (MMIDDNY)
GENERAL LIABILITY GENERAL AGGREGATE $
o COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $
o CLAIMS MADE 0 OCCUR PERSONAL &: ADV. INJeRY $
DOWNER'S &: CONTRACTOR'S PROT EACH OCCURRENCE $
FJRE DAMAGE (Anyone fire) $
DOTHER - MED. EXPENSE $
(Any one person)
AUTOMOBILE LIABILITY COMBINED $
o ANY AUTO SINGLE LIMIT
o ALL OWNED AUTO BODILY I!"JURY $
o SCHEDULED AUTOS (Per person)
o HIRED AUTOS
o NON-OWNED AUTOS BODJLYJNJlIRY $
o GARAGE LIABILITY (Per accident)
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $
o UMBRELLA mRM
o OTIJER THAN UMBRELLA FORM AGGREGATE $
PROPERTY INSURANCE AMOUNT OF INSURANCE $
o COURSE OF CONSTRUCTION
WORKER'S COMPENSATION STATUARY LIMITS
AND EACH ACCIDENT $
EMPLOYER'S LIABILITY DlSEASE-POLlCY LlMIT $
DISEASE-EACH EMPLOYEE $
................. .......-..-...- .......-..- .....-..- ....- ....- ...... .............. ................................... ................................................ ........................................ .... ...................w.. ...................w.....w.......... .....w... ....w..w..w...w.w..w..w.....w..w...w_..
DFSCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlSPECIAL ITEMS
THE FOLLOWING PROVISIONS APPLY:
L None of the above-described policies will be canceled, limited in soope of coverage or nonrenewed until after 30 days' written notice has been given to SCRRA at the address indicaled
below.
2, As respects operations of the named insured ~fonned on behalfofSCRRA. the following are added as additional insured on al] liability insurance policies listed above: SCRRA, its
Member AgenCies, Operatmg Rmlroads, Its subsldlanes, offiCIals and employees.
3 It is agreed that any insurance of self-insurance maintained by SCRRA will apply in excess of and nOI contribute with. the insurance described above
4 SCRRA is named a loss payee on the property insurance policies described above. ifany.
5 All rights of subrogation under the property insurance policy listed above have been waived against SCRRA.
6 Any failure by the, insured to comply with reporting or other provisions of the policies including breaches of warranties shall nol affect coverage provided to SCRRA. its Member
Agencies, tts substdmnes. offiCials and employees
7 The worker's compensalion insurer named ahove. if any. agrees to waive all rights of subrogation against SCRRA for injuries to employees of the insured resulting from work for SCRRA
or use of Member Agencies premIses or faCilities
CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE
Southern California Regiona] Rai] Authority (SCRRA)
700 South F]ower St.. Suite 2600, Los Angeles, CA 900]7-410] SIGNATURE
ADDITIONAL INSURED TITLE
MTA,OCTA,RCTC,SANBAG,YCTC
BNSF, UPRR, AMTRAK PHONE NO.
SCRRA FORM NO, 6
Page ]20f12
7/12/2004
Attachment 2
Rules and Requirements for Construction on Railway Property
SCRRA Form No. 37
Page 8
08/12/05
" .~
'~METROLlNK.
Southern California Regional Rail Authority
700 South Flower Street, 26th Floor
Los An~eles, California 90017-4101
RULES AND REQUIREMENTS FOR
CONSTRUCTION ON RAILWAY PROPERTY
SCRRA FORM NO. 37
1.0 GENERAL
I. I Pu rpose
The rules and requirements were adopted to protect the Southern California Regional Rail
Authority's (SCRRA) operations, including the proper manner of protecting the tracks, signals,
fiber optic cables, pipe lines, other Property, and tenants or licensees upon, adjacent to, across
(under, and/or over), and along SCRRA and Member Agency Property during the construction
andlor maintenance activities on or adjacent to Railway Property.
1.2 Definitions
1.2.1 SCRRA, is a five-county joint powers authority, created pursuant to State of California
Public Utilities Code Section 130255 and California Government Code Section 6500 et seq.,
to build, maintain and operate the "Metro link" commuter train system. The five-county
member agencies are comprised of the following: Los Angeles County Metropolitan
Transportation Authority (MT A), Ventura County Transportation Commission (VCTC),
Orange County Transportation Authority (OCTA), San Bernardino Associated Governments
(SANBAG), and Riverside County Transportation Commission (RCTC). SCRRA builds,
operates and maintains commuter rail system in the five-county area on rail rights-of-ways
owned by the member agencies.
1.2.2 MEMBER AGENCY, is that specific county transportation entity, whose Property is
directly affected by the Contractor's actions herein. The five county transportation Member
Agencies are the Los Angeles County Metropolitan Transportation Authority, the Orange
County Transportation Authority, the Riverside County Transportation Commission, the San
Bernardino Associated Governments, and the Ventura County Transportation Commission.
1.2.3 PROPERTY, is defined herein to mean the real and/or personal Property of SCRRA or
Member Agency(s).
1.2.4 CONTRACTOR, is an individual, finn, third party, partnership or corporation, or
combination thereof, private, municipal or public, including joint ventures, retained by
seRRA or another public entity to provide construction or maintenance services which may
impact SCRRA Property and who is referred to throughout this document by singular
number and masculine gender.
1.2.5 PUBLIC AGENCY, is defined to mean (i) the federal government and any agencies,
departments or subdivisions thereof, and (ii) the State of California or any other state, and
any county, city, city and county, district, public authority, public agency, joint powers,
municipal corporation, or any other political subdivision or public corporation therein.
SCRRA/Metrolink
FORM37
Page I
05/27104
"
1.3 Submittal
1.3.1 Prior to authorization to begin, any work which may infringe on SCRRA or Member
Agency Property, the Contractor shall furnish SCRRA with three sets of, working drawings
showing details of construction affecting the tracks and Property, specifications, falsework
plans, falsework removal plans, sheeting and shoring plans, cribbing plans not included in
the contract, shop drawings, traffic control plans, and other incidents not detailed in plans.
The Contractor shall also furnish three sets of calculations of any falsework, sheeting and
shoring, or cribbing which are to be located over, under or adjacent to tracks. Construction
details affecting the tracks and the Property, and not included in the contract plans shall be
submitted to SCRRA for review and approval. Plans, installation procedures and
calculations shall be signed and stamped by a registered Professional Engineer licensed to
practice in the State of California.
1.3.2 The Contractor shall not begin any work until notified by SCRRA that such plans have been
approved. Approval of the plans and calculations by SCRRA shall not relieve the
Contractor of responsibility for full compliance with contract requirements, for correctness
of dimensions, clearances and material quantities, for proper design of details, for proper
fabrication and construction techniques, for proper coordination with other trades, and for
providing all devices required for safe and satisfactory construction and operation.
1.4 References
1.4.1 When working on the Property, the Contractor must comply with the rules and
regulations contained in the current editions of the following documents which are
"references" incorporated in this document as if they were set in full in this paragraph.
The Contractor agrees to abide by said rules and regulations at all times when on the
Property.
A. Right-of-Entry agreement, SCRRA Form No.6. The Right-of-Entry agreement is an
agreement between SCRRA and the Contractor that permits the Contractor, under
certain agreed upon conditions, to encroach upon, adjacent to, across (under and/or
over), and along SCRRA or Member Agency Property.
B. General Safety Regulations for Construction/Maintenance Activity on Railway
Property. The Regulations are for the benefit of employees of the Contractors and
others who are involved in construction, maintenance or other activities on the right-
of-way. The Regulations were developed in the interest of safety and protection of
trains, passengers or personnel of SCRRA, Member Agency, Operating Railroad(s),
and the employees of the Contractor.
C. California Public Utilities Commission (CPUC) General Orders.
D. American Railway Engineering and Maintenance-of-Way Association (AREMA),
Manual for Railway Engineering.
E. SCRRA Engineering Standards.
2.0 PROTECTION OF SCRRA OPERATIONS
2.1 Coordination
2.1.1 The Contractor shall cooperate with SCRRA where work is over or under the tracks, or
SCRRA/Metrolink
FORM37
Page 2
OS/27/04
within the limits of the Property, so as to expedite the work and to avoid interference with
the operation of railway equipment.
2.1.2 The Contractor's ability to enter the Property is subject to the absolute right of SCRRA or
Member Agency to cause the Contractor's work on the Property to cease if, in the opinion
of SCRRA or Member Agency, Contractor's activities create hazard to the Property,
employees, and/or operations.
2.1.3 It is expected that SCRRA and Member Agency will cooperate to the extent possible with
the Contractor such that the work may be handled and performed in an efficient manner,
but the Contractor shall have no claim whatsoever for any type of damages or for extra or
additional compensation in the event its work is delayed.
2.1.4 The Contractor shall take protective measures as are necessary to keep the Property,
including track ballast, free of sand, debris, and other foreign objects and materials
resulting from its operations. Any damage to the Property resulting from Contractor's
operations will be repaired or replaced by SCRRA or Member Agency at their option and
the cost of such repairs or replacement shall be recovered from the Contractor.
2.1.5 The Contractor will perform the construction or maintenance work in such a manner and
at such times as shall not endanger or interfere with SCRRA or Member Agency's
operations, including relation to the proper manner of protecting the tracks, signals, fiber
optic cables, pipe lines, other Property, and tenants or licensees at or in the vicinity of the
work during the period of construction.
2.1.6 All forecasts of train traffic and schedules are approximate. The train schedule shall be
used for planning purposes only and shall not be used for scheduling actual work around
the railroad tracks. SCRRA reserves the right to run as many trains as practical on any
track at any time. The operation of the trains will be at sole discretion of SCRRA or
Member Agency. The Contractor's work may be halted or delayed whenever necessary
to accommodate train service.
2.2 Safety and Protective Services
2.2.1 The Contractor must request and arrange for a flag person, inspector and/or other
protective services from SCRRA authorized representative for the following conditions:
A. When Contractor's personnel and equipment(s) are within twenty (20) feet of the
nearest rail.
B. When any part of any equipment is standing or being operated within or adjacent to
the Property, or when any erection or construction activities are in progress within
such limits, regardless of elevation above or below track.
C. For any excavation below the elevation of track sub-grade if, in the opinIOn of
SCRRA or Member Agency's representative, track or other Property may be subject
to settlement or movement.
D. For any clearing, grubbing, grading, or blasting in proximity to the Property which, in
the opinion of SCRRA or Member Agency's representative, may endanger the
Property or operations.
E. For any street construction and maintenance activities, located within the right-of-
SCRRA/Metrolink
FORM37
Page 3
OS/27/04
,
way or in the vicinity of the highway-rail grade crossing, requiring temporary work
area traffic control, which may affect or create unsafe conditions for employees,
public, trains and vehicles.
2.2.2 SCRRA will furnish such personnel or other protective services when, in the opinion of
SCRRA's representative, the Property, including, but not limited to, tracks, buildings,
signals, wire lines or pipelines, may be endangered. The Contractor agrees to reimburse
SCRRA or Member Agencies for all cost and expense incurred by SCRRA or Member
Agency in connection with the safety and protective services.
2.3 Time of Work
The Contractor will work daylight hours only and no more than five (5) weekdays (not on
Saturday, Sunday or legal holidays) per week. Variations from this schedule must have approval
of SCRRA's authorized representative.
3.0 DESIGN
3. ] Clearances
3.1.1 The Contractor shall also abide by the following minimum clearances during the course
of construction:
15'-0" Horizontally from centerline of track (including temporary falsework)
22'-6" Vertically above top of rail
21'-6" Vertically above top of rail (Temporary Falsework Clearance - requires prior
CPUC approval by resolution or decision and SCRRA approval)
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000
volts
34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
3.1.2 Any infringement on the above clearances or walkways due to the Contractor's operations
shall be submitted to SCRRA and to the Public Agency and shall not be undertaken until
approved in writing by SCRRA. and until the Public Agency has obtained any necessary
authorization from CPUC for the infringement. No extra compensation will be allowed
in the event the Contractor's work is delayed pending SCRRA approval, and/or CPUC
authorization.
3.1.3 In the case of impaired vertical clearance above top of rail, SCRRA shall have the option
of installing tell-tales or other protective devices SCRRA deems necessary (at
Contractor's cost) for protection ofSCRRA or Member Agency trainmen or rail traffic.
3.2 Support aud Shoriug Systems
3.2.1 SCRRA permission is required for installation of support and shoring systems on the
right-of-way.
SCRRA/Metrolink
FORM37
Page 4
OS/27/04
,
3.2.2 The support and shoring systems shall be in accordance with the American Association
of State Highway and Transportation Officials (AASHTO), AREMA and Caltrans
requirements. The support and shoring system shall be designed to support all lateral
forces caused by the earth, railroad and other surcharge loads. The railroad loading to be
applied is a Cooper's E-80 loading.
3.2.3 When excavation is within the sheet piling zone [the area between the vertical line offset
8' -6" from the nearest track centerline and a one part horizontal to one part vertical (I : I)
projection, beginning at a point located 8'-6" from the nearest track centerline and 18
inches below the bottom of the rail of the nearest track and sloping down and away from
the nearest track], interlocking steel sheet piling driven prior to excavation, must be used
to protect track stability. Steel sheet piling shall be abandoned in place, except for the
top three (3) feet, which shall be removed, backfilled.
3.2.4 When excavation is within the shoring zone [the area between a one part horizontal to
one part vertical (I: I) projection, beginning at a point located 8'-6" from the nearest
track centerline and 18 inches below the bottom of the rail of the nearest track and
sloping down and away from the nearest track and a one and half part horizontal to one
part vertical (1.5:1) projection, beginning at a point located II '-0" from the nearest track
centerline and 18 inches below the bottom of the rail of the nearest track and sloping
down and away from the nearest track], soldier pile system with lagging elements which
are placed as excavation proceeds can be used.
3.2.5 When excavation is within the excavation zone [the area that is located beyond a one and
half part horizontal to one part vertical (1.5:1) projection, beginning at a point located
II '-0" from the nearest track centerline and 18 inches below the bottom of the rail of the
nearest track and sloping down and away from the nearest track], shoring is not required
and sloping system is allowed.
3.2.6 Tiebacks or any other excavation support mechanisms that are installed under the track
structure shall be at least four (4) feet clear below top of the rail.
3.2.7 Support and shoring system drawings shall include plan view indicating the extent of all
proposed shoring relative to the nearest track centerline; cross-sections of all proposed
shoring cut perpendicular to the track and indicating track location with equal horizontal
and vertical scale; details of all structural members, connections and embedment depths
and impacted facilities including construction access locations, ditches mitigated
measures. Vertical dimensions shall be relative to the top of rail and horizontal
dimensions shall be relative to the nearest track centerline.
3.2.8 Prior to commencing the excavation of a trench five (5) feet in depth or greater and into
which a person will be required to descend, the Contractor shall first obtain a permit to
do so from the Division of Industrial Safety. Any excavation adjacent to track shall be
covered and ramped and provided with standard handrails. Handrails shall be in
accordance with the State of California Occupational Safety and Health Standards
(CALlOSHA) and CPUC General Order No. 26-0.
3.2.9 The face of all jacking and receiving pits shall be located a minimum of 25 feet from the
center line of the nearest track, measured at right angle to the track, unless otherwise
approved by SCRRA. The use of trench boxes may be permitted for jacking and
receiving pits, however, trench boxes are not acceptable within the sheet piling zone.
SCRRA/Metrolink
FORM37
Page 5
OS/27/04
"
'.
3.2.10 Footing for all piers, columns. walls, or other facilities shall be located and designed so
that any temporary support and shoring system for support of adjacent track or tracks
during construction shall not be closer than ten (10) feet from the centerline of the
nearest track.
4.0 CONSTRUCTION
4.1 Excavation and Backfill
4.1.1 The Contractor shall compact all backfill to 90 percent of maximum standard density as
determined by AASHTO T -99 or ASTM 0-698. Where it becomes necessary to excavate
beyond the normal lines of excavation to remove boulders or other interfering objects, the
voids remaining after such materials are removed shall be back-filled with suitable
material approved by SCRRA. The material obtained from the project excavation may be
suitable for use as fill or backfill at the discretion of SCRRA. Any excess material must
be disposed of by hauling off-site. The excess material must not be piled-up or scattered
on the right-of-way.
4.1.2 The Contractor shall perform excavation and grading so that the finished surfaces are in
uniform planes with no abrupt breaks in surface and having positive drainage on the
right-of-way away from the track structure.
4.2 Utilities
4.2.1 The Contractor is responsible for the location and protection of any and all surface, sub-
surface, and overhead utilities and structures. Approval of the project and the Right-of-
Entry agreement by SCRRA and/or Member Agency does not constitute a representation
as to the accuracy or completeness of location or the existence or non-existence of any
utilities or structures within the limits of this project. The Contractor shall notify the
appropriate regional notification center [Underground Service Alert (D1GALERT) at
(800)-227-2600], railway companies, and utility companies prior to performing any
excavation close to any underground pipeline, conduit, duct, wire, or other structure.
SCRRA is not a member of DIGALERT, it is, therefore, necessary to call SCRRA signal
department at (909) 392-8476 to mark signal and communication cables and conduits. In
case of signal emergencies or grade crossing problems, the Contractor shall call
SCRRA's 24-hour signal emergency number (888) 446-9721.
4.2.2 There are oil, gas, and fiber optic lines running along most of the right-of-ways. Damage
to any of the lines will create dangerous and hazardous situations.
4.3 Hazardous and Toxic Materials
4.3.1 The Contractor shall operate and maintain the Property in compliance with all, and shall
not cause or permit the Property to be in violation of any federal, state or local
environmental, health and/or safety-related laws, regulations, standards, decisions of the
courts, permits or permit conditions, currently existing or as amended or adopted in the
future which are or become applicable to the Contractor or SCRRA or Member Agency
Property. Except for hazardous materials expressly approved by SCRRA and Member
Agency in writing, the Contractor shall not cause or permit, or allow the Contractor
personnel to cause or permit, or any hazardous materials to be brought upon, stored,
used, generated, treated or disposed of on or about the Property. Any hazardous
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materials on the site shall be stored, used, generated and disposed of in accordance with
all applicable environmental laws,
4,3,2 In addition, in the event of any release on or contamination of the Property, the
Contractor, at its sole expense, shall promptly notify SCRRA of any spill, release, or
discharge of any hazardous material and take all actions necessary to clean up the
affected Property (including SCRRA or Member Agency Property and all affected
adjacent Property -whether or not owned by SCRRA or Member Agency) and to return
the affected Property to the condition existing prior to such release or contamination, to
the satisfaction of SCRRA and Member Agency and any governmental authorities
having jurisdiction thereover.
4.3.3 Prior to commencing any hazardous materials work (testing for or removal of hazardous
materials), the Contractor shall obtain the prior written approval of SCRRA of the
proposed work plan, which plan shall include site-specific health and safety plan for such
hazardous materials work, and any parties, other than employees, who will be entering
upon the Property or performing work. The Contractor shall not perform any hazardous
materials work on the Property which is not set forth in the approved hazardous materials
work plan and shall not make any changes to the approved plan without prior written
consent, which consent may be withheld in SCRRA's sole and absolute discretion.
4.3.4 The Contractor shall furnish copies of: (i) all results (including all technical data and
laboratory reports) of any sampling and analytical tests performed in the course of the
hazardous materials work; (ii) all evaluations, technical data and analyses, reports (draft
and final), and recommendations relating to environmental conditions in, on, or under the
Property; and (iii) all plans, permits, registrations, approvals, orders, notices (including
notices of violation and notices to comply), inquiries, directives, guidelines, standards,
reports (routine and non-routine), and other correspondence submitted to, or received
from, any federal, state, or local governmental authority regarding the hazardous
materials work.
4.3.5 The Contractor shall ensure that all documentation for transportation or disposal of
hazardous materials from the Property shall be prepared and executed in Contractor's
name only and SCRRA or Member Agency shall not have any responsibility or liability
therefore. Prior to transportation or disposal of any wastes or hazardous materials from
the Property, the Contractor shall provide SCRRA with copies of all draft transportation
and disposal documentation required for the transportation and disposal of such waste or
hazardous materials, and immediately subsequent to the transportation or disposal of any
wastes or hazardous materials from the Property, provide SCRRA with copies of all final
and complete transportation and disposal documentation required for the transportation
and disposal of such waste or hazardous materials. (Such transportation and disposal
documentation shall include, but not be limited to any and all hazardous waste
manifests).
4.3.6 To the extent permitted by law and unless the Contractor has obtained the prior written
consent of SCRRA (which SCRRA may withhold in its sole and absolute discretion), the
Contractor hereby covenants and agrees to: (I) keep all information concerning or arising
from the hazardous materials work confidential; and (ii) retTain from disclosing such
information to third parties, except as may be required by order of a governmental
agency having jurisdiction over the hazardous materials work, and shall use its best
efforts to ensure that, to the extent permitted by law, Contractor's parties also comply
with these covenants, In the event that the Contractor believes that it, or any of
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Contractor's parties, are legally compelled to disclose any of the information concerning
or arising from the hazardous materials work to any person or entity other than SCRRA,
including a governmental agency or other third party not authorized to receive such
information, Contractor shall immediately notify SCRRA, prior to such disclosure, so
that SCRRA may seek a protective order or other appropriate remedy before timely
release of such information. If such protective order or other remedy is not obtained or a
waiver is granted, Contractor shall reveal only that portion of the information which it is
legally required to disclose and will exercise all reasonable efforts to obtain assurance
that the information so revealed will be treated as confidential. If such information is to
be provided by any of Contractor's parties, Contractor shall use its best efforts to ensure
that such parties act in the same manner.
4.3.7 The Contractor shall cooperate with SCRRA in any tests or inspections deemed necessary
by SCRRA or Member Agency. The Contractor shall payor reimburse SCRRA or
Member Agency, as appropriate, for all reasonable costs and expenses incurred due to
the tests, inspections or any necessary corrective work and inspections thereafter.
4.4 Temporary Construction Crossings
The Contractor shall not move its equipment or materials across the tracks. No vehicular
crossing over SCRRA and/or Member Agency tracks shall be installed or used by contractor
without prior written permission of SCRRA and/or Member Agency. Proper grade crossing
surfaces and warning devices, signage and all other devices required by SCRRA must be
provided at the Contractor's sole cost.
4.5 Temporary Traffic Control
4.5. I Temporary traffic control shall be used when a maintenance or construction activity is
located on the railroad right-of-way or when the activity is located in the vicinity of
Highway-Rail Grade Crossing, which could result in queuing of vehicles across the
railroad tracks.
4.5.2 Refer to SCRRA's "Temporary Traffic Control Guidelines for Highway-Rail Grade
Crossings" for further information on definitions, referenced standards, traffic control
plans, submittals, traffic control elements and responsibility/authority for the temporary
traffic control at Highway-Rail Grade Crossing. The guidelines provide acceptable
alternatives and procedures to prescribe the appropriate temporary traffic control
measures at highway-rail grade crossings. The guidelines are available on SCRRA's
website at \vww.metrolinktrains.com (About Metrolink, "'Public Projects" and
"'Guidelines").
4.6 Explosives
The Contractor shall not use or store explosives on the Property without prior written approval
from SCRRA's Director of Engineering and Construction.
4.7 Restoration of Property
4.7.1 Upon completion of its work, the Contractor and its subcontractors shall, at the option of
SCRRA and Member Agency (a) leave the Property in a condition satisfactory to
SCRRA and Member Agency, (b) restore the Property to its original condition (this may
include, without limitation, the restoration of any fences ditches, signs or roads removed
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or damaged by the Contractor or its subcontractors) and (c) remove all of the Contractor's
and its subcontractors' tools, equipment and materials from the Property promptly upon
completion of work.
4.7.2 Upon receipt of the Contractor's written assertion that the work has been completed, the
work will be inspected by SCRRA for acceptance. All work shall be guaranteed by the
Contractor against defective workmanship and material furnished by the Contractor for a
period of one (I) year from the date the work was accepted by SCRRA.
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