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HomeMy WebLinkAboutMETROLINK -2012?? ? ????/? /;?1 ?? < F i ?? ? C `,1} <I?" ". ?? M ETIa L7 LI N:1?. rv-zoo z-osa sown Cativr?fi Rvgbnal Ref nwr,Qar INDEMNIFICATION and ASSUMPTION OF LIABILITY AGREEMENT SCRRA FORM NO. 5 SCRRA File No. E?1O0O//? SCRRA Projeetlfask No_ ©D?00?/ ?Z Subdivision p?Gftii/?? Mile Post ?? - c? Thomas Guides Page !O? The Contractor, hereby requests permission to encroach onto the Southern Caiifomia Regional Rail Authority (SCRRA) and Member Agency Right-0f-Way. Location of Work: SARTC t OOt] E_ Santa Ana Blvd_ Santa Ana, CA • PurposelDescription?Rt3garr and maintenane of two track gates by City's BM statt_ i . 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 inGudes any subcontractor, supplier, agent or other individual entering fire Right-of--Way during performance of work. B. Indemrittees are SCRRA, Member Agencies, and Operating Railroad, and their respective officers, commissioners, employees, agents, successors and assigns. C. Operating Railroad is/are that speciTic passenger or freight rested 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 BNSF Railway 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 afiv?-county joint powers authority, created pursuant to State of Caiifomia Public Utilities Code Section 130255 and Caiifomia Govemmerrt Code Section 6500 et seq., to build and operate the °Metrolink° commuter train system in the frve-0ounty area on ra g -0 -ways owns y e am sr gen es. e a e comprised of the following: Los Angeles County Metropolitan Transportation Authority (MTA), Ventura County Transportation Commission (VCTC), Orange County Transportation Authority (OCTA), San Bernardino Associated Governments (SANBAG), and Riverside County Transportation Commission (ROTC). SCRRA Fvim 5 Page ? yr 6 Rev. 0720!1 r METROLINI?? .., ? Ra.,?.?,a,.,. F. SCRRA Employee-In-Charge (EIC) is a 3outhem Caltfomia Regional Bait Authority employee or contractor (SCRRA General Code of Operating Rules and Tertitory Quatifled) providing roaming to Public Agency or Contractor personnel of approaching trams or on track equfprreent and who has the authority to halt work and to remove personnel from the Right-0?Way to assure safe work. G. SCRRA Safety Trainer is a qua?ted SCRRA employee or contracted employee (SCRRA Generei Code of Operet(ng Rules qualHied) as authorized by the SCRRA Director of Engineering and ConstnecUon to provide Contrecor training. 2. Eretrv Onto Riaht-0f-Wav No verbal approvals will be granted. A fully executed Dopy of this Forth 5 must be in tFia SCRRA ornMember?Agtractor a?ere?rrfa?tivlf sa ?? men isefwt?p?uoed, SCR?A?hes the right to delay access to the Property until the Contractor demorrstraLes possession of ttie Form 5. SCRRA EIC must be present whenever the Contractor enters Into the Right-o?Way. SCRRA w91 also provide additional personnel and equipment for protection deemed necessary by SCRRA. SCRRA may authorize erecroatdement orto the Properly without- presence of an SRE depending on the restore and locatlon of the entxoachrrsent SCRRA irlvohremetlt irl providing posNhre protecfton shall not relieve the Con6ador from ifs completo responsib?ty for the adequacy and safely of its operation. The Contractor shall fumiah tnfbrrnatton so that SCRRA can talcs all precautionary safety measures. K, for any reason, it is necessary to change the ftme andlor date when encroachment Is requGed, the Contractor shall contact SCRRA's ROW Encroachments Admtniafrator (See SCRRA Contact on Page 4) and not enter the pnaperty until it has been approved in writing and appropriate safety protection can da rescheduled. 3. terminalJ?,en of Aareemerrt SCRRA or Member.Agency reserves the right to term[nate or revoke this Agreement st any time upon two hours notice; however, in the event of an unsafe condition on the F'tight-of-Way, SCRRA shall have the right to terminate th(s Agreement irterreediatey, w?teout any advanced notice. Unless subsequently modiRed, extended. terminated or revolted 4y SCRRA, this temporary Agraetneret gall extend euetit the work authorized hereunder is completed or aeoeptad by SCRRA. The Contractor agrees to notify SCRRA, in writing and orally, when work is compieted. (See SCRRA contact on Page 4) At ttte request at SCRRA or Member Agency, Contractor shall remove from the Right=of-Way arty employee or other individual who falls to conform to the Instructlons of SCRRA's of Memtser Agency's representative. Any rtgfet of Contractor to cross ttta Rtght?fWay shall be suspended until such request of SCRRA or Member Agency is met Contractors simll defend. indemniy and hotd harmless SCRRA and Member Agency against any claim arising tram the removal of any such employee or other individual from the Right-of-Way. 4: lndemntRcatlon Contractor, on behalf of itself and its employees, subcontratxors. agents, successors, and ass gns, agrees emn n course sa 3 an 7?6hT' gency, and hold hamtless °tndemnitees°. and each of them to the maodmum -extent ailow@d by mow, tram and against ail loss, flablQty, etelrns. demands, sulfa, !tens, cletms of- Qen. darrmges (including incidental consequent?l damages), costa and expenses (including, wifhwrt Iimftatlon, any ftnes, penatt[es, Judgments. atdual ipigation expenses, and experts' artd acWal SCRRA Fann 6 Page 2 of 6 Rev. [A/20H 1 ?NiETR??L1?NK. ?®?p .?D afEomeys' fees), that are incuned by Indemn?ees aristreg out of ee? (yam' directors. afRltates. subooMracto?s or ager? owr anyo a directly or !red rep pi?oye?d ? them or for whose acts the foregoing persons are Ilabte (cogedivey, 'PersonneP) to oonnedtan Muth or arising from the presence upon or performance of adivitles by the Contractor or its Personnel with reaped: to the Right-of-Way, (i? bodgy and/or personal injury or death of any person (inducting without limitation empk>)rees of Indemnitees) or damage to or?loss of use of Property resulting from such ads 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 shag be effective regardless of any .negligence , (whether alive, passive, derlvativa, joint, concurring or comparative) on the part of Indeninibees, unless caused by the sole negggence or wi[tful misconduct of Indemnttees, 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 Personnei shag not timR the ContracDor'8 hidemnificatbn obggatiorrs hereunder in any way, whether or Trot such daLns against Indemnitees may result in any limitation of the amount or type of damages, compensation, or benefits payable by or for the Contractor or [ts Personnel under worlcens+ compensation acts. d?abgily benefit acts or other employee. benefit acts or? tnsurartoe. _ The provisions of this section shall survive the termination ac expiration of the Agreement: S. Assumption of Lfabllity To the ma?dmum extent atiowed by law, the Contractor releases Indemnitees from and assumes any and ail risk of loss, damage or injury of any kind to any person or Property, including wRhout limitation, the Property and/or Right?Way and any other Property of, or under the oontro! or arstody ot, the Contractor or its personnel in oonnedlon with 'any ads undertaken under or in c?rrnedlon with titer Agreement. The CotrfracLoYS assumption of risk shall include, without tirriilation, loss or damage caused by defects in any strudure? or improvements (inducting easement. lease or goense agreemems Tor other exiatin8 improvements and utilities) on the Right-0f-Way, axident or ftre or other casualty on the Right o?Way, or eledriral discharge, notes or vibration resulting from SCRRA, Member Agency, and Operating Railroad transit operetions on or near the Right-oFWay and any other persons or companies employed, retained or engaged by SCRRA or Member Agency. The Contractor, on behaK of itself and its Personnel (as deflried in Section 4, 'Indemnification`? as a material part of the eonstderation for this Agreement, hereby waives all claims and demands against thq tndemnitees for any such ions, damage or injury of the Contractor and/or its Personnel. The Contredor waives the benefit of CatHomia Civil Code Belton !542, wh?h provides as fogows: '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 materiagy afiecbed his seltierrtent with the debtor.' . T?`° r9 Celli ShaO ? tvo ii. f m+in?ti?n r v ? narie?n of fhi?agrw?:?r+?? f 6. Retmbursement?of Costs and f[nnner?s.?raa The Contrec?or' agrees to reimburse SCRRA or Member Agency actual cost?a¢d expense. reasonably Incurred for aq services and work performed to conrrectton with said work, including SCRRA FO?Ri 6 Page 3016 Rev 07QQIi1' METRdLINIE. Savlhern Caldorrria Regortst Rat O.ulhwdy SCR RA's allocated overhead and fringe benefits. SCRRA will charge the Contractor far eight hours minimum if the Contractor cancels SCRRA services after SCRRA Railroad Hmplayee is on eke on the day of the appointment. The Contractor also agrees to reimburse SCRRA, Member Agency and/or 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 7x=.?'a 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 shalt 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 alk expenses incurred by SCRRA and Member Agency in connection with the work even if the final invoicing is provided to Contractor thereafter_ Safety Orientation Class The Contractor and his subcontractors shall be required to attend a SCRRA Safety Orientation Class prior to receiving permission to enter the Right-ot-Way. The Contractor shall notify SCRRA's contractor for safety and flagging services at 9-877-452-0205 to arrange for third party safety training. Allow 24 to 72 hours from the request for safety training to arange the training. Upon completion of safely training, the Contractor shall notify SCRRA's contractor at (714) 920-9037 a minimum of fifteen (95) 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 proposed date of construction. To the lull extent of Paragraph 5 above (Indemnification), Contractor agrees"to indemnify SCRRA against any and ail claims resulting from sickness or any other absence. 8. Emeraencv Teleahone 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: Signal Emergencies and Grade Crossing Problems (888) 446-9721 Metrolink Chief Dispatcher (909) 693-0661 or {888} 446-9795 etroli.-.te-S?,ertff's-DispsCette: •?°- ? 63 5000 Signal and Communications Cable Location (909} 859-4105 of (909) 859-4912 9_ California Law This agreement shall be construed and interpreted Tn accordance with and governed by the SCRRA Form 5 - POge d of 6 Rev. Q720/N Y M?TR O?LI N?IGa taws of the State of Calitomie. Venue shell tse located in courts [n Los Angeles County: 10. SCRRA Corftatt Ail tMorrnatlon and documents shall be submitted to the following: . . Assistant Director, Standanis and Design - Southern Ca[ifomia Regional Rap Authority (SCRRA) 297 East Arnow Highway Sufte A Attn: Mr. Chttstos Soumlelis -ROW Encroachments Coo?dtnator EmaO: sourmelisc?scrra.net (809) 394.3418 .... - scawnFo?m s Pam a as r?r. asaon? f?l ETF.2 O L# N K,, soatnorn cata? Rogio,m! Raj fi?rthorily The Contractor hereby agrees to the terms as set forth fn this Agreement, and hereby acknowledges receipt of this Aprewment City of Santa Ana (Name, ur npplfcarrf) ? (Sfgnatum) 20 Civic Center Piaza M3'I Paul M_ Walters (Address) (Print Names) Santa Ana,CA 8270'1 City Manager (Trif®) C7-i 4) 647-6200 (Telephone) (Applicants States License No.) (Fax) (Emafn ?r? Receipt of the foregoing-agreement is hereby acknowledged on thi???day of(J_? 20?? r By. ' ??G?L2? ? R nc achments Coo inatoR /??yf??i/??G? ? ? /??f`?? --7 /G ///2° / v ?i? ?A>Ssis t Dirt=clot, Standards and Design A?'t'€S? [Approved as To Form i3y Legal CounseiJ r ,"-??,?x-?.?a- ?•`; ?%!?'?`-?,??y.? MARIA ? ' tiZAR ?,! CLERK C;.- ?r1E CC3UNCIL Al'a'4???`f i= ? .=OS Tfl i?"{jR.M ?c.9_?_?a-¢ Q..oL?.X t_?E.... ?;;;tc :4:.rC$?F A,Sai?[=zsi x. C:: i.t _ :?. kt c?x?ri ?:y' SCRRR_Form? 6 Page B of 8 Rov: 07!20/1'1 METIZOLI 1?_?? June 26, 2012 Mr. Paul M. Walters City Manager City of Santa Ana 20 Civic Center Plaza, M31 Santa Ana, CA 92701 Sort V?arn Caifl ornia Racaior;al Rail AulY3ority File: G0000639 Proj. #: 100000/1.52.103 Subject: Right of Entry for Repair and Maintenance of 2-track Gates by the City of Santa Ana's BM Staff Dear Mr. Walters: Enclosed is SCRRA's Indemnification and Assumption of Liability Agreement, Form 5, covering the above-noted project located on the Southern California Regional Rail Authority (SCRRA) Orange Subdivision, near railroad milepost 175.00 in the City of Santa Ana. This document must be with the person in charge at all times when on railroad property. While working in close proximity to the railroad right of way with men and equipment, an SCRRA flagman will be required. You will also be required to have your flagmen placed in the direction of the flow of traffic for each lane to assure that there is no queuing of traffic over the crossing. If after moving your work area away from the railroad right of way and queuing of traffic persists, you will be required to place your flagmen at the crossing to control vehicular traffic over the crossing. No equipment, trucks or materials will be allowed to be stored on the railroad right of way. Third Party Safety training is required for all work near or within the railroad right of way. In order to schedule safety training call 1-877-452-0205. Please have the SCRRA project number, located in the upper right hand corner of your Right of Entry, available when you call. No work may commence on the railroad right of way until this training has been completed. Please contact Mr. Dale Stuart Jr. with, J.L. Patterson, at (213) 305-8424 to arrange for flagging services a minimum of fifteen working days prior to beginning work. Although every effort is made to accommodate your schedule, prior notification does not guarantee the availability of protective services for the proposed date of work. "^?"' * ?s,,. ?. C;?n<. z<a#«v?+-ay P'lacca, I-'I+_x:r 12 L o=? An?< i s, C:Ia 9?xJY ?. "?- r 1-1 3} 4520200 metrOlln ktTainS.COIII ??...,.?:;. x M E TR O L 1 N IC . a,., ,,.??_ _ ? :,h? S oath errs C? Ilf ornla Regional Rail Authority Please reference the above-noted file number on future correspondence pertaining to this project. If you have any questions, I can be reached at (909) 394-3418 by phone, (909) 394-3207 by fax, and sourmelisc@scrra.net by e-mail. Sincerely, st s Sourmelis ROW Encroachments Coo Attachments: ?, rdinator Cc: Naresh Patel Dale Stuart Jr. Kent Ewing <3i ice ,`_?;:xtrv+-xy F'lae:a. FI.>or 12 L >: An"?.I , s, ?-A 90Q1 ' l (:?13i 4520200 .. ,.? , ?? metrolinktrains.com