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Home My WebLink AboutUnion Pacific Railroad Company 7AGREEMENT TERMINATION C 1 Please complete this form when the attached agreement is no longer in effect. ;Return form to the Deputy Cleric of the Council (M -30). Call d �f n .have any questions. �'I T . r 9. { V The agreement with ONIDq,f '/ tN 1 1Ldy � i7 A_ was completed on -7 and final payment has been made. Department: Pvj&. c- Signature; - Date: �' l City of Santa Ana Clerk of the Council L Signal Interconnect 010126 Form Approved, AVP -Law SIGNAL INTERCONNECT AGREEMENT Folder No.: 2098 -12 A- 2002 -218 F1fo �s�7 THIS AGREEMENT, made this Vs day of IJC71 o'5C-1Z , 200 Z—, by 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 PO 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 of the Railroad track and Greeneville 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 Greenville Street at Mile Post 522.42, Santa Ana Industrial Lead; 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. 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 hereunder set forth, it is agreed as follows: SECTION 1 - 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 Post 522.42, Santa Ana Industrial Lead. b). Railroad agrees to install the necessary relays and other materials required for interconnect at Political Body's expense, as set forth in Section 1(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 TWELVE THOUSAND TWO HUNDRED TWENTY -SEVEN ($12,227.00), as set for in Estimate of Material and Force Account dated July 22, 2002, marked Exhibit B, hereto attached and hereby made a part hereof. During the performance of such work the Railroad will provide progressive billing to Political Body based on 2098 -12 City of Santa Ana, CA Page 1 July 31, 2002 Greenville Street Signal Interconnect 010126 Form Approved, AVP -Law Folder No.: 2098 -12 Railroad's actual costs. Actual costs to the Railroad shall include customary additives to materials, services and labor provided by the Railroad. Within one hundred twenty (120) days after Railroad has completed its work, the Railroad will submit a final billing to Political Body for any balance owed. Political Body shall pay the Railroad within Thirty (30) days of its receipt of all bills submitted by the Railroad. SECTION 2 - CONSTRUCTION AND MAINTENANCE Railroad will furnish all labor, material, equipment and supervision for and shall install traffic pre - emption in an existing cabin. SECTION 3 - PAYMENT In addition to the payment set forth in Section 1D 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 - 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. SECTIONS - 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. 2098 -12 City of Santa Ana, CA Page 2 July 31, 2002 Greenville Street Signal Interconnect 010126 Form Approved, AVP -Law Folder No.: 2098 -12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the day and year first herein written. LI]\TMI Q Liz A TTL O T. CITY MANAGER COMPANY OF SA A A 4 6z� DIRECTOR, PUBLIC WORKS AGENCY k FIP OiF� �i.6 1F8 FORM _.1l LISA E. S p ! ti Assistant city Attorney 2098 -12 City of Santa Ana, CA Page 3 July 31, 2002 Greenville Street N I LOCATION PUBLIC RDil D W® ®E CROSSING SIGNAL E\ ll ERCON NL C ll 5 CONSTRUCTION PROJECT iEIL -�.�n %MOTTONRIVER �, "' iW�$ I m x " x o tGONIA 5 )pg ilj ! qa 34+u. rn D.. m 'a CARLTON v,.. ENDER m W CASTOR �; a?.0 W GLENWOOD N y I" y v IECRE55 CORIENDER WISTERIAx r o] N d Nv n. C MDENm OO yr y N -__ QUARTZ GOODITE W HARVARD I.] �J �p�ia f,Exr, N O.. n D '2 m < Q p.�. :LLIA CANDYTUfT GALEN W50R9HANt ur ,C1Q�W��w D B to n 3- m m o m A x z TON 4EOP - W MAYWOOD YyS _ p x m q O. x a N 'm AQUAMARINE �+ 'q. v D A CCABE RIV GtApST�F'he 4 'o n.-ri m {. y .RNER ..oastline.Ga�nmunrty Co ege N x d O '� D W WARNER m y —y f O x FW HALL D nQ o Z' tk3' J = MARTENS RIVER m IVIP 522.42 Santa Ana Industrial LeadG��. o D a COLEY RIVER > z SLATER m S GERSTRO ...E 'stir'„ At-Grade Public Road Crossing EM OCK>l�' n A V 6 ❑X7 Z o a Reconstruction Project T { x M L i m sR� '9 Op WALTON D G4RRY m °' m ,D �fi,. 'd W CAF M { kLAKE .I. d'Sam TgtJ ECOLUMBINE TALBERT y MRCARTH R BI m u m c C to W MACARTHUR ggprpgx > ER = x� z yr p m u+,p 0 rn m m r BAY CREST x W AURORA n c ¢ C 'c v KELLER NOBEL s = SUNFLOWER �SO� B, 5 m VILLAGE ..CRK m. IS w SOSE Jyli ➢ DEEP CRK m ` { _SUNFLOWER N SANA m CARNATION TO CENTER y _Z OEg( O CROCUS guna Art tJliseum Satellite ASNYON_ C Pp Wq - S COAS �'. ouch Coast Plaza Mall 21p Rt: G9 1 '.: 11A BU INGHAM G p rd- �AClF z raw �YmNlA 11B 10 c cy 06 oGISLER I. OARLINGFORp CONCORD YANANq q OLYMPIC T S� TRAVERSE % ,.y ° r. 4 [at£+or stYdmexialPt B SE WAY m m PIERPON Pa D x. L''Y PEACE VrALLEGHENY { p. 0 BELFAST AUSTIN xp �u 41998ALnmc,BboctAass ABA CARRWAY d. J. �, C�. RT NTA WAY �4 0?} 7S w F �ppj4G.rfAYEt't I RAILROAD WORK TO BE PERFORMED: 11. Install traffic pre - emption in an existing cabin. EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY SANTA ANA INDUSTRIAL LEAD MILE POST 522.42 GPS: N 33 °, 42.240'; W 117 °, 54.256' SANTA ANA, ORANGE CO., CA. Illustrative print showing location of signal interconnect construction project with the CITY OF SANTA ANA. Folder No. 2098 -12 Date: July 31, 2002 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORKTO DETERMWE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1- m-Fgyg vie gap 6 jw£ay, S 3 e SG I � � e ego g_ WIN NU o 0 0 00 000000 0000000® o 2 F F N w J J Z W W cc O F a W Q Z O I— J a DATE: 2002 -07 -22 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK �+. BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: F INSTALL TRAFFIC PRE - EMPTION IN EXISTING CABIN AT GREENVILLE STREET IN SANTA ANA, CA. M.P. 522.42 ON THE SANTA ANA IND. LD. SIGNAL PROJECT MANAGER: LEE BURDEN 935 -7680 RAILROAD TO PERFORM ALL WORK / COST DISTRIBUTED AS FOLLOWS: SIGNAL -CITY OF SANTA ANA 100$ RECOLLECTIBLE PID: 44100 AWO: MP,SUBDIV: 522.42, SANTAANA SERVICE UNIT: 20 CITY: SANTA ANA STATE: CA DESCRIPTION ----- ------ QTY --- UNIT LABOR MATERIAL ---- -- --- ----- --- RECOLL ---- --- UPRR TOTAL ----- ----- ENGINEERING WORK ENGINEERING 827 827 827 LABOR ADDITIVE 78% 1222 1222 1222 SIG -HWY XNG 739 ----- 739 739 TOTAL ENGINEERING -- -------- 2788 -------- -------- 2788 - ------- - 2788 SIGNAL WORK MATL STORE EXPENSE 108 108 108 SIGNAL 2178 2178 2178 BILL PREP 450 450 450 CONTRACT 217 217 217 EARTH FILL 250 250 250 EQUIPMENT RENTAL 3000 3000 3000 LABOR ADDITIVE 78k 947 947 947 PERSONAL EXPENSES 665 665 665 SALES TAX 136 136 136 SIG -HWY XNG 1214 1214 1214 TRANSPORTATION CHARGES 50 50 50 USAGE EQUIPMENT 224 224 224 TOTAL SIGNAL -- - - --- -- 2611 --- - -- 6828 --- -- - -- -- 9439 -- ---- - ---- - -- 9439 LABOR /MATERIAL EXPENSE --- ---- -------- 5399 6828 -- - - - - -- -- - - - - -- RECOLLECTIBLE/UPRR EXPENSE 12227 0 -- - - - - -- ESTIMATED PROJECT COST 12227 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. January 6, 2003 MS MONICA SUTTER PWA TRAFFIC CITY OF SANTA ANA PO BOX 1988 M -43 SANTA ANA CA x92702 Dear Ms. Sutter: 2r >oZ Z -� Folder No. 2098 -12 Attached for your records is your original copy of a Signal Interconnect Agreement, fully executed on behalf of the Railroad Company. You are hereby authorized to proceed with the work upon proper notification to the Railroad Company's Manager of Industry & Public Projects. In accordance with the terms of the above agreement, 10 days advance notification upon entering the Railroad Company's right of way shall be given to the following office: Freddy Cheung Mgr Industry & Pub Proj Union Pacific Railroad Co 19100 Slover Ave Bloomington CA 92316 Phone: 909-879-6288 Fax: 909-879-6289 When you or your representative enter the Railroad Company's property, a copy of this fully executed document must be available at the site to be shown on request to any Railroad employee or official. Should you have any questions, please contact me at (402) 997 -3620 or e -mail me atpgfarrell@up.com. Real Estate Public Road Xing Distribution Letter UNION PACIFIC RAILROAD 1800 Farnam Street, Omaha, NR 68102 fx. (402) 997-3601 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza P.O. Box 1988, M -43 Santa Ana, California 92702 TRANSMITTAL TO: Patricia E. Mealy Clerk of the Council DATE '. )�.. z January 23, 2003 SUBJECT: FULLY EXECUTED AGREEMENT FOR ALTON /GREENVILLE SIGNAL INTERCONNECT WE ARE ENCLOSING: THE FOLLOWING: FOR: Under Separate Cover Letter Your Review X herewith Prints _ Your Approval Via Mail Specification Your Action X Originals X Your Files X Agreements Your Use Copies Signatures REMARKS: Original Agreement for your files. Project 2597: Alton/Greenville Signal Installation. If you have any questions, comments or concerns, please contact me at (714) 647 -5645. Sincerely, MONICA SUAER,,91C AIL ENGINEER c: Rose Ann Trujillo REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 2, 2002 TITLE: AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY TO PROVIDE SIGNAL INTERCONNECT/PRE- EMPTION CLERK OF COUNCIL USE ONLY: 071.0 _ r, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER —d/` Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the Union Pacific Railroad Company to provide signal interconnect /pre - emption between the railroad controller and the new traffic signal being constructed at Alton Ave. and Greenville Street. DISCUSSION A new traffic signal is being installed at the Alton /Greenville intersection adjacent to the railroad crossing at Greenville (Exhibit 1) . Since this traffic signal is very close to the Union Pacific Railroad, pre - emption is required by State law for the safety of vehicles, pedestrians and bicyclists. Signal pre - emption prevents vehicles from getting trapped on the railroad tracks while waiting for a green light at the intersection. Based on the proposed agreement, Union Pacific Railroad Company will modify their railroad equipment to facilitate communication from their controller to the City's traffic signal controller for the required pre - emption. Santa Ana will reimburse Union Pacific Railroad Company for the cost of modifying their equipment. Additionally, this agreement provides a license /easement for the City's signal interconnect to be constructed and remain on the railroad's property indefinitely. ENVIRONMENTAL IMPACT The proposed agreement is a part of the Alton /Greenville Traffic Signal project that was previously approved for Categorical Exemption. No additional environmental analysis is required. Page 43 25.A. Agreement with Union Pacific Railroad December 2, 2002 Page 2 FISCAL IMPACT Santa Ana's share of the cost is estimated at $12,227. Funds for the proposed agreement are available in Transportation Systems Improvement Area E Fund (account no. 34- 631 -6631, project no. 2597). APPROVED AS TO FUNDS AND ACCOUNTS: James Ge,Ross Rod R. Coloma Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25.A. Page 44 Q22 SANTA ANA City Council AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY TO p� t►►►e Agenda Date PROVIDE SIGNAL INTERCONNECT /PRE- EMPTION BETWEEN THE RAILROAD CROSSING AND TRAFFIC SIGNAL CONTROLLERS AT PUBLIC WORKS AGENCY Dec. 2. 2002 I ALTON AVENUE AND GREENVILLE STREET ■e a■ CONSENT CALENDAR 22.F. SPEC. NO. 02 -106 - COMPACT PASSENGER VAN AND HALF -TON COMPACT TRUCK - FLEET MAINTENANCE - Award a contract to West Covina Motors, Inc. d /b /a Clippinger Chevrolet Oldsmobile for the purchase of one compact passenger van and one half -ton compact truck in the amount not to exceed $45,067.52 - Finance and Management Services 22.G. SPEC. NO. 02 -110 - SAFETY SUPPLIES - CENTRAL STORES - Award contracts for safety supplies for a period of one year with options for two one -year renewals in a total annual aggregate amount not to exceed $23,077.00 with: Airgas, Incorporated Brenton Safety Calolympic Safety Equipment Direct Hagemeyer - Vallen Safety Supply Hart Healthcare Enterprises Inc. 22.H. SPEC, NO. 02 -111 - PAINT AND SUPPLIES - BUILDING MAINTENANCE - Award contract for paint and supplies for a two -year period, with provision for two one -year renewals in the annual amounts as follows: Bidder: Location: Categories: Amount: Vista Paint Corp. Fullerton B,C,F $33,191.00 Pervo Paint Co. Los Angeles D 13,286.00 Griffin Ace Hardware Santa Ana G 9,352.00 Northtown Company Huntington Beach A 5,940.00 General Industrial Tool Sun Valley E 2,922.00 22.1. SPEC. NO. 02 -114 - MISCELLANEOUS FIRE TRUCK REPAIR - FLEET SERVICES - Renew the contract with American LaFrance of Los Angeles for miscellaneous fire truck repair, for a two year period for an annual amount not to exceed $60,000.00 - Finance and Management Services PROJECTS - MAINTENANCE. REHABILITATION, IMPROVEMENT, CONSTRUCTION OR CHANGE ORDERS FOR PUBLIC FACILITIES 23.A. PROJECT NO. 2597 - TRAFFIC SIGNAL INSTALLATION AT ALTON AVENUE AND GREENVILLE STREET Motion: 1. Award a contract to F. J. Johnson, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $138,530.00 for the installation of a new traffic signal at the intersection of Alton Avenue and Greenville Street CITY COUNCIL MINUTES 323 SEPTEMBER 3, 2002 CONSENT CALENDAR 2. Approve a Funding Analysis with a total estimated construction cost of $170,900.00 Motion: Alvarez SECOND: McGuigan VOTE: AYES: Alvarez, Bist, Franklin, McGuigan, Pulido Solorio (6) NOES: None (0) ABSENT: Christy (1) 23.13. PROJECT NO. 2598 - TRAFFIC SIGNAL INSTALLATION AT WARNER AND STANDARD AVENUE Motion: 1. Award a contract to F. J. Johnson, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $65,789.00 for the traffic modification at the intersection of Warner and Standard Avenues 2. Approve a Funding Analysis with a total estimated construction cost of $81,225.00 AGREEMENTS Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. (Items 25.A. through 25.C.) 25.A. AGMT NO. 2002 -164 - ENVIRONMENTAL REMEDIATION AND TESTING - Execute an agreement with TRC in the amount of $100,000.00 to provide environmental remediation and testing services - Public Works Agency 25.B. AGMT NO. 2002 -165 - CABLING SERVICES - Execute an amendment to the agreement with Lomac Information Systems, Inc. for a one -year period to continue cabling services in an amount not to exceed $400,000.00 - Finance and Management Services 25.C. AGMT NO. 2002 -166 - INMATE MEDICAL SERVICES - Execute an agreement with Correctional Managed Care Medical Corporation to provide on -site inmate medical care for the Santa Ana Jail in a total amount not to exceed $827,540.00 - Police Department CITY COUNCIL MINUTES 324 SEPTEMBER 3, 2002