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12 QUIET ZONE AT RED HILL RR XING 12-02-08
Agenda Item Reviewed: AGENDA REPORT City Manager Finance Director MEETING DATE: DECEMBER 2, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: TIM D. SERLET, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 12 SUBJECT: APPROVAL OF REVISED CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY AND THE CITY OF TUSTIN FOR RAIL -HIGHWAY CROSSING SAFETY ENHANCEMENTS AND SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION AT THE RED HILL AVENUE RAILROAD CROSSING SUMMARY On October 7, 2008 the City Council approved a Construction and Maintenance Agreement with the Southern California Regional Rail Authority (SCRRA) for construction of the project. Since that time the SCRRA has made minor revisions to the Construction and Maintenance Agreement and is now requesting approval of the revised agreement. This agreement must be executed before the SCRRA will proceed with construction. The SCRRA will perform the work as part of a separate agreement with the OCTA. On September 2, 2008 the City Council approved Cooperative Agreement No. C-8-0863 with the Orange County Transportation Authority (OCTA) for design and construction of Rail -Highway Crossing Safety Enhancements and Safety Measures Related to Quiet Zone Implementation at the Red Hill Avenue railroad crossing. Completion of the safety enhancements will allow the City to file a Notice of Establishment of a Quiet Zone with the Federal Rail Authority. RECOMMENDATION It is recommended that the City Council approve the revised Construction and Maintenance Agreement with the Southern California Regional Rail Authority for Rail -Highway Crossing Safety Enhancements and Safety Measures Related to Quiet Zone Implementation at the Red Hill Avenue railroad crossing, and authorize the Mayor and City Clerk to execute the document on behalf of the City. FISCAL IMPACT Design and construction of the safety enhancements at the Red Hill Avenue railroad crossing will be administered by the OCTA under Cooperative Agreement No. C-8-0863 with the City. Physical construction of the improvements will be performed by the SCRRA. The City's cost will be 12% of the total estimated cost of $2,395,827, resulting in the City's estimated share of $287,499. Currently, a budget amount of $500,000 has been allocated in CIP No. 4069, "Red Hill Avenue Quiet Zone Improvements at OCTA/SCRRA Railway" to cover these costs. Under the Construction and Maintenance Agreement with the SCRRA, an estimated annual cost of $4,800 will be paid to the SCRRA for operation and maintenance of the safety devices. It has been determined that no additional insurance coverage will be required to comply with the stipulated terms and conditions under Cooperative Agreement No. C-8-0863 with the OCTA or with the Construction and Maintenance Agreement with the SCRRA. Approval of Revised Construction and Maintenance Agreement between the Southern California Regional Rail Authority and the City of Tustin for Rail -Highway Crossing Safety Enhancements and Safety Measures Related to Quiet Zone Implementation at the Red Hill Avenue Railroad Crossing December 2, 2008 Page 2 DISCUSSION The OCTA has initiated design of enhancements for the Orange County Grade Crossing Enhancement Program under which 52 grade crossings within 9 cities will be upgraded. Upon request of cities, the enhancements may be upgraded to meet Federal Railroad Administration (FRA) requirements for the establishment of Quiet Zones. The City of Tustin has requested such an upgrade in the design of the enhancements at the Red Hill Avenue railroad crossing. The Southern California Regional Rail Authority (SCRRA), under an agreement with the OCTA, will construct the improvements as part of its Metrolink expansion program. As a condition of Cooperative Agreement No. C-8-0863 between the OCTA and the City, construction cannot begin until the City enters into a Construction and Maintenance Agreement with the SCRRA. On October 7, 2008 the City Council approved such a Construction and Maintenance Agreement. However, that agreement has subsequently been revised by the SCRRA. The key revision is to broaden the indemnification the City must provide to SCRRA to include claims against SCRRA that might arise from the negligence of SCRRA contractors and consultants in the design, construction, maintenance and operations of certain improvements located in the approaches to the crossing and within the City's right-of-way. The request to indemnify SCRRA from negligent acts of SCRRA's own contractors and consultants appears to be required because the City is the party requesting the upgrades in the design enhancements, while SCRRA will be contracting for the actual construction. The City Attorney has reviewed and approved the revised document as to form. Construction at the 52 railroad crossings, including the Red Hill Avenue crossing, is scheduled to begin in January 2009, with completion anticipated by December 2009. At the time of completion of the improvements, the City of Tustin can file a Notice of Establishment with the FRA, thereby officially establishing a Quiet Zone. In order to keep design and construction of the project on schedule, staff is recommending approval of the revisednstr ction and Maintenance Agreement with the SCRRA. 44< XA�� 4i�. YTi er et Dana R. Kasdan DWtorLaf Public Works/City Engineer Engineering Services Manager Attachment: Location Exhibit Revised Construction and Maintenance Agreement with SCRRA S:\City Council Items\2008 Council Items\Approval of Const & Maint Agmt (2) for Red Hill Quiet Zone.doc z cn LLO U a C� 0 z wa�� A008 \\ J� v � G ,<s w z z m z ° U 0— W Q 0 U z O Q Z w w J W Z O N w O 0 z Q z w w O Z Q Z w W LLQ C) z Fn O Of O r) Q O ry _J Q W Z w Q J J r) NW ftL CONSTRUCTION AND MAINTENANCE AGREEMENT RAIL -HIGHWAY CROSSING SAFETY ENHANCEMENTS AND SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR THE CITY OF TUSTIN SCRRA File No. G0000741 SCRRA Project/Task Nos. 1 860558 This Construction and Maintenance Agreement ("AGREEMENT") is made and entered into on this day of , 2008, by and between the City of Tustin, a a municipal corporation duly organized and existing under the laws of the State of California, hereinafter referred to as the "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 "SCRRA": RECITALS SCRRA is a five -county joint powers authority, created pursuant to California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain and operate the "METROLINK" commuter train system. The five -county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority ("METRO"), 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 a commuter rail system in the five -county area on rail rights -of -ways owned by the member agencies. For this project, the owner of the rail right-of-way is the OCTA. In May 2005, OCTA authorized the Grade Crossing Safety Program ("PROGRAM"). This Program was based on a report entitled "Grade Crossing Study", prepared by Korve Engineering, for OCTA, in December 2003. The Grade Crossing Study recommended safety enhancements to 64 at -grade crossings in Orange County. Subsequent to this Grade Crossing Study, OCTA separated 12 grade crossings located in the City of Placentia from further study because the City of Placentia already had a process in place to enhance and improve the crossings for quiet zone purposes. In April 2006, SCRRA, OCTA, the California Public Utilities Commission ("CPUC") and the Participating Cities as identified in the Grade Crossing Study began field diagnostic meetings at each of the at - grade crossings within the program. The diagnostic meetings were completed in November of 2006, and SCRRA produced exhibits for these fifty-two (52) crossings (including a private crossing) showing the scope of the improvements. Upon completion of these exhibits, the SCRRA Staff convened for a series of three (3) meetings, the Grade Crossing Safety Enhancement Project Page I of 14 Construction and Maintenance Agreement City of Tustin purpose of which was to assess the recommendations from a program -wide standpoint in order to ensure consistency within the diagnostic meetings recommendations. The exhibits for each of the crossings were then finalized and cost estimates were developed for the recommended enhancements. During this process, a scope of work was identified for Tier 1 and Tier 3 Improvements, where Tier 1 Improvements are defined as Safety Enhancements, and Tier 3 Improvements are defined as improvements for the purpose of allowing the Cities to request a Quiet Zone Designation from the Federal Railroad Administration ("FRA"). Tier 2 improvements (additional City requested improvements) were not identified during the diagnostic meetings. OCTA, SCRRA, and the CITY wish to work as partners to implement railroad grade crossing safety enhancements and safety measures related to quiet zone implementation for the participating cities within the County of Orange. OCTA will provide funding for the railroad grade crossing safety enhancements and safety measures related to quiet zone implementation, which includes 12% matching funds from the CITY. OCTA will prepare and enter into a Cooperative Agreement ("COOP") with the CITY for the local share (12% matching funds) of the project costs. OCTA and SCRRA have entered into a Cooperative Agreement to establish roles, responsibilities, funding, and processes for the design and construction to implement railroad grade crossing safety enhancements and measures related to quiet zone implementation for cities within the County of Orange. The' CITY, SCRRA, and OCTA will work to prepare design documents, and will construct Tier 1 and Tier 3 grade crossing safety enhancements and safety measures related to quiet zone implementation, at the following grade crossings, located in the CITY, and as per the details shown in Exhibit A attached hereto and made a part hereof and hereinafter referred to as "PROJECT". Grade Crossing Subdivision Milepost CPUC No. DOT No. Red Hill Avenue Orange 177.90 101 -OR -177.90 026746V Upon completion of the PROJECT, CITY may establish a quiet zone within its jurisdictional boundaries pursuant to the FRA requirements and SCRRA's Quiet Zone Implementation Guidelines and Procedures adopted April 21, 2006. SCRRA will notify the CITY and OCTA when the PROJECT is completed. SCRRA and "Operating Railroads" [as used herein "Operating Railroads means any other passenger or freight -related railroad company(s) operating on SCRRA track(s), including the National Railroad Passenger Corporation ("AMTRAK"), the Union Pacific Railroad Company ("UPRR"), and the BNSF Railway Company ("BNSF")], operate trains and rail equipment through the crossing locations on tracks and right-of-way owned by OCTA. CITY and SCRRA desire to cooperate and complete the PROJECT with the least amount of disruption to vehicle and rail traffic. OCTA Safety Enhancement Project for City of Tustin Page 2 of 14 Construction and Maintenance Agreement City of Tustin AGREEMENT In consideration of the promises and mutual understandings of the parties hereto, SCRRA and the CITY agree as follows: SECTION I SCRRA AGREES: 1. To manage and oversee the design, construction, and construction management, (including inspection and materials testing and the preparation of traffic control and detour plans), and cause the completion of the PROJECT, in accordance with the approved PROJECT Plans and Specifications, as well as managing, coordinating and exercising control over all activities of SCRRA's consultants, contractors, suppliers, and vendors. 2. To manage and oversee the design and construction of the roadway, sidewalk, curb & gutter and median island improvements necessary for this PROJECT. 3. To submit milestone plans (30%, 60%, and 100% Design) for improvements constructed on CITY right of way or jurisdiction during construction, SCRRA traffic pre-emption timing requests, and grade crossing closure requests, including temporary traffic control plans to perform the work included in the PROJECT. 4. To provide cost estimates for the PROJECT (30%, 60%, and 100% Design) to the CITY. The costs based on 100% design are as shown on Exhibit B (Project Cost Estimate) attached hereto and made a part hereof. 5. To include in its Contract Task Order ("CTO") with the design consultant, design services to determine the need for pre -signals and queue -cutter signals, traffic signal modifications, and preemption criteria and calculations, in order to assist the CITY to meet the schedule of this PROJECT. SCRRA will provide to the CITY as a part of the milestone plan submittals, traffic signal design (pre -signal and queue -cutter signals), traffic signal modification design, preemption calculations and other ancillary services related to the CITY traffic signals. 6. Conduct diagnostic meeting(s) with CPUC, OCTA, and the CITY and other Operating Railroads as necessary to complete CPUC applications. 7. To perform all work within the limits of the CITY right-of-way in a good and workmanlike manner, and in accordance with plans and specifications approved by the CITY. SCRRA's construction contractor shall obtain an encroachment permit, at no fee to either SCRRA or it's contractor, from the City for the work performed in the City's right of way. Changes or modifications during construction that affect the CITY right-of-way shall be submitted to the CITY for approval. Grade Crossing Safety Enhancement Project Page 3 of 14 Construction and Maintenance Agreement City of Tustin SCRRA shall conduct all of its activities in association with the PROJECT in a good and competent manner and in compliance with all applicable federal, state and local rules and regulations and SCRRA's applicable design criteria, standards, policies, practices, and guidelines specifically including SCRRA's Quiet Zone Implementation Guidelines and Procedures, attached as Exhibit C. 8. To make all necessary arrangements for the protection, relocation or removal of any public or private utility facility that conflicts with the PROJECT. 9. To obtain, prior to commencing construction work, and comply with any and all approvals, permits, licenses and other authorizations required by applicable laws, regulations, rules and ordinances, including obtaining CPUC approval of the PROJECT plans. 10. To maintain, repair and renew each crossing area between lines two (2) feet outside of the rails of each track. When two or more tracks are involved, SCRRA shall maintain and renew, at its expense, the area between the tracks where the distance between the centerlines of tracks is fifteen (15) feet or less measured at the centerline of the highway, normal to the tracks. This work shall be done pursuant to CPUC General Order 72-13. 11. To maintain, repair, and renew the railroad automatic warning devices, pedestrian warning devices, vehicle intrusion detection devices, emergency exit swing gates, detectible warning tactile strips, striping between the warning devices and channelization devices for pedestrians (fencing and hand railing). SECTION II CITY AGREES: 1. To conduct timely review of SCRRA's milestone plan submittals (30%, 60%, and 100% Design), timely review of changes to the plans constructed on CITY right of way or jurisdiction during construction, timely submittal of SCRRA traffic pre- emption timing requests, timely review and approval of final SCRRA construction plans, timely granting of encroachment permits to SCRRA and its construction contractors (upon request by the construction contractor in order to not create any construction related delays to the Project), and timely granting of grade crossing closure requests including traffic detour plans to perform the work included in the PROJECT. In the event the CITY fails to provide timely review and/or approval as provided herein, SCRRA may eliminate those affected crossings from the PROJECT at SCRRA's sole discretion. SCRRA will however, advise the CITY of its decision to do so, in an attempt to come to a resolution prior to eliminating any crossings from the program. With respect to this paragraph, timely shall mean thirty (30) calendar days or less. 2. To provide timely written approval and sign off by an authorized CITY OCTA Safety Enhancement Project for City of Tustin Page 4 of 14 Construction and Maintenance Agreement City of Tustin representative of the 100% final PROJECT plans, prior to SCRRA initiating PROJECT construction. After construction is complete, the CITY will provide timely written acceptance and approval by an authorized CITY representative of as -built plans submitted to the CITY including any street, sidewalk, traffic signal and other related PROJECT changes or improvements under jurisdiction of the CITY. The as -built plans shall be approved in accordance with the PROJECT schedule. For the purpose of this paragraph, timely means thirty (30) calendar days or less. 3. To review and approve in writing traffic signal modifications, pre -signals and queue -cutter signals and preemption criteria and calculations submitted by SCRRA's design consultant(s) within thirty (30) days of submittal. 4. To allow each grade crossing to be fully closed for not more than fifty-six (56) hours over a weekend period on two (2) occasions to perform the necessary work for the PROJECT. CITY shall advise emergency agencies and the public of the closure of the crossing prior to the closure, coordinate all necessary temporary traffic control devices, and continue such closure until the signal and track work is completed by SCRRA. 5. Attend diagnostic meeting(s) with CPUC, FRA, and OCTA, and other operating railroads as necessary to complete CPUC applications. 6. To acquire right of way and/or Temporary Construction Easements ('TCE's"), and/or property and rights, in the event any right of way, TCE, and/or property rights are deemed by CITY and/or SCRRA to be necessary for the construction, maintenance and use of the property and its appurtenances, or for the performance of any work in connection with the PROJECT. The CITY is responsible for securing any and all environmental clearances required for the PROJECT under the California Environmental Quality Act ("CEQA"). 7. Upon SCRRA's notification to the CITY of completion of the PROJECT, the CITY may establish a quiet zone within its jurisdictional boundaries pursuant to the FRA requirements and SCRRA's Quiet Zone Implementation Guidelines and Procedures (SCRRA's Quiet Zone Implementation Guidelines), adopted April 21, 2006. The CITY shall follow SCRRA's Quiet Zone Implementation Guidelines, which are attached as Exhibit C and are incorporated herein by reference as though fully set forth, unless otherwise specifically excluded, supplemented by the terms of this Agreement, or are otherwise not applicable as determined by SCRRA. Except to the extent that the CITY elects to contract for any part of the construction of the PROJECT, Section 2.9, "Insurance" of SCRRA's Quiet Zone Implementation Guidelines is hereby excluded from this Agreement; provided, however, that the CITY shall maintain adequate reserves and/or appropriate limits of insurance coverage to meet its defense and indemnification obligations as set forth herein and in SCRRA's Quiet Zone Implementation Guidelines; how the CITY satisfies these obligations shall be left to the CITY's discretion. With respect to Section 2.8, "Indemnification", the CITY's defense and indemnity obligations as Grade Crossing Safety Enhancement Project Page 5 of 14 Construction and Maintenance Agreement City of Tustin set forth in Section 2.8 shall remain as stated, with the exception that its defense and indemnity obligations will not extend by contract to the Operating Railroads. 8. Pay SCRRA a yearly maintenance fee of $4,800 dollars, which is to include the costs at all the crossings that currently have exit gates to be constructed as a part of this project, (which represents one hour @$200/hour per month, for each of the exit gates within the PROJECT, to be augmented by 4% per annum beginning in fiscal year 2011), for the maintenance and regulatory required testing of the exit gates and the traffic detection loops associated with said exit gates, necessary for the CITY to achieve Quiet Zone Status from the FRA as per the current FRA's Use of Locomotive Horns at Highway -Rail Grade Crossings Final Rule (49 CFR Parts 222 and 229). The CITY will pay the maintenance fee, once per annum, within thirty (30) days of receipt of the invoice from SCRRA, which maintenance is set forth in SCRRA's Quiet Zone Implementation Guidelines. 9. To notify SCRRA five (5) working days in advance of any maintenance of a roadway, sidewalk or median islands, if that maintenance activity is to occur within the right-of-way. Any SCRRA flagging or inspection deemed by SCRRA to be required to protect SCRRA tracks or the traffic moving thereon shall be paid for by CITY. 10. To control or remove at CITY expense weeds, trees, shrubbery or other vegetation located within the CITY easement or on or about the CITY crossing easement area so that it does not become a fire hazard; obstruct visibility of railroad signs and signals along the right-of-way and at highway -rail crossings; obstruct visibility of trains or rail equipment; interfere with railroad employees performing normal trackside duties; prevent proper functioning of signal and communication lines or impede railroad employees visually inspecting moving equipment. If CITY may not lawfully perform the control or removal work, CITY shall reimburse SCRRA for the cost of performing such control or removal. 11. Except as provided for in Paragraphs 10 and 11 of Section I, CITY shall maintain and repair, at CITY's expense, any street improvement, including street lighting, traffic signals, sidewalks, curb and gutter, raised medians and traffic striping and signage within or on the approaches to the crossing. This work shall be done pursuant to CPUC General Order 72-13, when applicable. Further, the CITY shall procure Railroad Protective Liability Insurance when appropriate, as required by SCRRA guidelines for working within the railroad right of way or within twenty (20) feet of any track. 12. If in the future, CITY elects to perform modifications and changes to the crossing or street and sidewalk approaches to the crossing including widening or replacement of the crossing surface, then CITY shall obtain approval for the modification or changes from SCRRA and if applicable from the CPUC and shall reimburse SCRRA for its track, signal and other related work associated with implementing the CITY'S changes and modifications. OCTA Safety Enhancement Project for City of Tustin Page 6 of 14 Construction and Maintenance Agreement City of Tustin 13. If in the future, CITY elects or is required by competent authority to have SCRRA raise or lower the grade of all or any portion of the track or tracks located on the crossing easement, CITY shall at its expense conform the street and highway in the crossing easement area to conform with the change of grade of the trackage. In addition, CITY shall also reimburse SCRRA for the cost associated with the modifications to the grades of the tracks. 14. To reimburse SCRRA for the costs incurred by SCRRA for any additional work performed within the crossing areas after the PROJECT work is completed, upon written request or approval of CITY, provided that emergency work deemed necessary by SCRRA for the immediate restoration of SCRRA operations, or for protection of persons or SCRRA property or property in care, custody, or control of SCRRA within or in the vicinity of the crossing areas may be performed without prior approval and shall be reimbursed by OCTA. SCRRA shall, as soon as reasonably practicable, notify CITY of said emergency and the nature of the work performed. SECTION III MUTUAL AGREEMENT: 1. Neither SCRRA, 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 or CITY Indemnitees (as defined in Paragraph 2 of this Section) under or in connection with the PROJECT. CITY shall indemnify, defend and hold harmless SCRRA, as well as its board members, member agencies, officers, volunteers, 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 the CITY and CITY Indemnities, and any SCRRA contractors, consultants, architects, of any grade, that are retained by SCRRA under or in connection with the PROJECT. However, with respect to the CITY's defense and indemnity obligations to SCRRA and SCRRA Indemnities for any negligent acts or omissions on the part of any SCRRA contractors, consultants, architects, of any grade, that are retained under or in connection with the PROJECT, the CITY's defense and indemnity obligations will be limited to the design, construction, maintenance and/or operation of the exit gates and associated traffic detection loops; and any pavement, street improvements, street lighting, traffic signals, sidewalks, curbs and gutters, raised medians, traffic striping and vehicular signage within or on the approaches to the crossing, as well as within the CITY's streets and public right-of-way. This indemnity shall survive completion of the PROJECT, and termination of this AGREEMENT. Grade Crossing Safety Enhancement Project Page 7 of 14 Construction and Maintenance Agreement City of Tustin 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 directly on the part of SCRRA or the SCRRA Indemnitees in connection with the PROJECT. SCRRA shall indemnify, defend and hold harmless CITY, as well as its council, officers, agents, 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 directly on the part of SCRRA, its board members, officers, volunteers, or employees under or in connection with the PROJECT. This indemnity shall survive completion of the PROJECT and termination of this AGREEMENT. 3. SCRRA will include a provision requiring its design consultant for this PROJECT, JL Patterson and Associates, to name the CITY as an additional insured under its commercial general liability policy under the design services contract for this PROJECT. SCRRA will additionally include a provision in its construction contract for the PROJECT requiring the construction contractor to indemnify the CITY for and against claims arising out of the PROJECT to the same extent that the construction contractor will indemnity SCRRA against such claims. SCRRA will also include a provision in its construction contract for the PROJECT that will require the construction contractor to add the CITY as an additional insured to its comprehensive general liability insurance policy required under the construction contract. 4. This AGREEMENT shall continue in force and effect until mutual termination by the parties. The covenants and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of SCRRA and CITY. 5. This AGREEMENT may only be modified or amended in writing. All modifications, amendments, changes and revisions of this AGREEMENT 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. 6. SCRRA and CITY books pertaining to the work covered by this AGREEMENT shall be open to inspection and audit by representative of the SCRRA and CITY for three (3) years after payment of final invoice. If funding is provided by State and FHWA, under Section 130, the books pertaining to the work shall be open to inspection and audit by representative of the State and FHWA for three years (3) after FHWA payment of final invoice. 7. The execution and delivery of this AGREEMENT by each party and the consummation of the transactions contemplated hereby are within the power of each party and have been duly authorized by all necessary actions of each OCTA Safety Enhancement Project for City of Tustin Page 8 of 14 Construction and Maintenance Agreement City of Tustin respective party. 8. This AGREEMENT 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 AGREEMENT. There are no representations, agreements, arrangements or understandings, oral or written, between the parties relating to the subject matter of this AGREEMENT, which are not fully expressed herein. 9. In addition to the specific provisions of this AGREEMENT, delay in performance by any party hereunder shall not be a default where delays or defaults are due to war; insurrection; strikes; lock -outs; riots; floods; earthquakes; weather; fires; casualties; accidents; emergencies; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; Federally -mandated inspections and maintenance; and/or any other causes beyond the control or without the fault of the party claiming an extension of time for any such cause. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of commencement of the cause. If, however, notice by the party claiming such extension is sent to the other party more than 30 days after the commencement of the cause, the period shall commence to run only 30 days prior to the giving of such notice. 10. Each party to this AGREEMENT covenants and agrees that each party shall carry out all construction and other work in connection with the PROJECT, and any other work performed pursuant to this AGREEMENT, in compliance with all applicable laws, including but not limited to, all applicable federal and state occupational, safety and health standards, nondiscrimination requirements, accessibility for the disabled, and prevailing wages 11. In the event any part of this AGREEMENT 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 AGREEMENT and the balance of the AGREEMENT shall remain in effect. 12. This AGREEMENT shall be construed and interpreted under the laws of the State of California. 13. With the exception of Section 2.8, "Indemnification" of SCRRA's Quiet Zone Implementation Guidelines, which is hereby specifically incorporated by reference and further supplemented by Paragraph 7 of Section II of this Agreement, to the extent there is any conflict or inconsistency between the terms and provisions of this Agreement and the terms and provisions of SCRRA's Quiet Zone Implementation Guidelines, the terms and provisions of this Agreement shall take precedence over SCRRA's Quiet Zone Implementation Guidelines. 14. Any notice sent by first class mail, postage paid, to the address and addressee, Grade Crossing Safety Enhancement Project Page 9 of 14 Construction and Maintenance Agreement City of Tustin 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 AGREEMENT, and to whom notices, demands and communications shall be given are as follows: xIh Mr. Tim D. Serlet Director of Public Works/City Engineer City of Tustin 300 Centennial Way Tustin, CA 92780-3715 E-mail: tserlet@tustinca.org Telephone: (714) 573-3150 Facsimile: (714) 734-8991 If there are any changes in make such change shall give days of such change. SCRRA: Mr. Ron Mathieu Manager, Rail Corridor C&E Southern California Regional Rail Authority 700 South Flower Street, Suite #2600 Los Angeles, CA 90017-4101 E-mail: math ieur cD-scrra.net Telephone: (213) 452-0249 Facsimile: (213) 452-0423 the above names and/or addresses, the party desiring to a written notice to the other respective party within five (5) OCTA Safety Enhancement Project for City of Tustin Page 10 of 14 Construction and Maintenance Agreement City of Tustin IN WITNESS WHEREOF, the City of TUSTIN and the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY have caused this AGREEMENT to be executed and attested by their duly qualified and authorized officials. SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY 0 David Solow, Chief Executive Officer APPROVED AS TO FORM: 0 LIM Raymond J. Fortner Jr. County Counsel, County of Los Angeles Title: Deputy CITY OF TUSTIN A Jerry Amante, Mayor ATTEST: By: Pamela Stoker, City Clerk APPROVED AS TO FORM: Grade Crossing Safety Enhancement Project Page 11 of 14 Construction and Maintenance Agreement City of Tustin EXHIBIT "A" PROJECT DRAWINGS OCTA Safety Enhancement Project for City of Tustin Page 12 of 14 Construction and Maintenance Agreement City of Tustin = % z o a � w ¢000000aoo®00000aa o00 0000 a ao IN a m o W � za w o� 79 I El El U w x x w W x x x Y U Y "i < w x xw,x K z s a z z z 3 0 r i e ti L' `"" g 4 i tny m o ©+ (Tm® ®® (s)® ®® ®oo Q (2®i's ®6©©i(noUi® o®®o®®®® �t� ce N � W a i R -M —1- oW W - 31 4 4 v M/'EO-fTlI1\4M�♦\�4♦��P\u�datl uwcuy. Wk.. 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Z z m >< C) a U W c W-o W a) Z Q i o N Z a < W r--------- _ m _ U ZO Na H I> z m 4 s CL L a ------ U) Frr� Ica cw iF Qi ay3� -1 --I _`--— ---- LSNOIStall xownxau ura L-----------� �L J W J W ;gG F-- Z L } w S F= U C-) � N w W W w N N 1 I I I I w N WW H � Q W J i Q m Y w Wvz-' , zFND�a-x�QNaaaw Nd2 31I I 1 QIr I IIII Q�~1I 31:o II I fwZ . / X75 N h LQU.� Ln902 QZI i z1_ wi a- •• •, =• _ Lbduf4�d3_YI1 Ya�� �8 �FQgTa�5W <B¢4O IE I LLJ U5 ZZOWff W IL co-) x I I I I I UU T N loolum goggle mile MI I In L IN men 89 login moll Ui m IyI ZZuM pinglem mile o C OO i ZLJ aQ Z �4LVVVtO1 q m OwI1 ■ z ar ar � w aQmQo w J Q EXHIBIT "B" PROJECT COST ESTIMATE Grade Crossing Safety Enhancement Project Page 13 of 14 Construction and Maintenance Agreement City of Tustin SCRRA FORM DPM -05 COST ESTIMATE Orange County Grade Crossing Safety Improvement Program TUSTIN sdw" 41 d - Clw of T fed HM A~uo :D ITEM DESCRIPTION 01570-01 MAINTENANCE AND PROTECTION OF TRAFFIC QUANTITYUNIT LS 1 $10,000 $10,000 02050-03 REMOVE EXISTING ASPHALT PAVEMENT 4" TO 6" THICKNESS) SF 146 $3 $438 02050-06 REMOVE EXISTING BOLLARD & FOUNDATION EA 3 $300 $900 02050-09 REMOVE EXISTING CONCRETE PAVEMENT ISAWCUT SF 208 $4 $832 02050-12 DEMOLISH AND REMOVE EXISTING MEDIAN AND CURB SF 6 $100 $600 02050-13 LF 13 $40 $520 02459-02 REHAB EXISTING GRADE CROSSING PANELS BY OTHERS TF 0 $0 $0 $76,800 02459-02 REHAB EXISTING GRADE CROSSING PANELS BY OTHERS TF 64 $1,200 02513-04 7" AC PAVEMENT SF 678 $11 $7,458 02513-05 VARIABLE A.C. PAVEMENT AT END OF CROSSING PANELS PER SCRRA STD. PLAN 2006 SF 120 $15 $1,800 02513-06 REMOVE 4" TO 8" AC PAVEMENT AND COORDINATE WITH OTHERS TO INSTALL THE RAILROAD SIGNAL CONDUCTIVE LOOPS SF 1,955 $3 $5,865 02513-07 INSTALL 4" TO 8" AC AS REQUIRED. COORDINATE WITH OTHERS TO ENSURE RAILROAD SIGNAL CONDUCTIVE LOOPS ARE TOPPED WITH 4" AC IN TWO LIFTS SF 1,955 $8 $15,640 02513-09 REMOVE EXISTING PAVEMENT AND BASE AND INSTALL NEW AC PAVEMENT AND BASE TO MATCH EXISTING PAVEMENT SECTION (MINIMUM 4" AC OVER 8" AB) SF 673 $15 $10,095 02528-01 8" CURB AND GUTTER (EXCAVATION, WATES OFFSITE, AND BACKFILL SHALL BE CONSIDERED INCIDENTAL WORK) LF 102 $25 $2,550 02528-04 8" FULL DEPTH CONCRETE CURB(EXCAVATION, WASTES OFFSITE AND BACKFILL SHALL BE CONSIDERED INCIDENTAL WORK) LF 225 $25 $5,625 02528-06 6" PCC SIDEWALK (EXCAVATION, WATES OFFSITE, IMPORT AND GRADING SHALL BE CONSIDERED INCIDENTAL WORK) SF 1,099 $20 $21,980 02528-07 4" PCC SIDEWALK (EXCAVATION, WATES OFFSITE, IMPORT, AND GRADING SHALL BE CONSIDERED INCIDENTAL WORK) SF 736 $18 $13,248 02528-11 PLACE STAMPED CONCRETE IN MEDIAN ISLAND. THE UNIT PRICE INCLUDE SAND BACKFILL AS REQUIRED TO PLACE SPECIFIED AC THICKNESS FLUSH WITH TOP OF CURB SF 1,372 $12 $16,464 02528-13 JADJUST UTILITY VAUL, MAN HOLE, VALVE, PULL BOX TO GRAE EA 2 $500 $1,000 02580-01 ISIGNING LS 1 $3,200 $3,200 02580-02 STRIPING LS 1 $2,060 $2,060 02820-01 4' HIGH WELDED WIRE MESH FENCE LF 330 $15 $4,950 02820-02 6' HIGH CHAIN LINK FENCE LF 120 $50 $6,000 02820-06 CHAIN LINK FENCE DRIVE GATE EA 1 $2,500 $2,500 03300-04 PREFABRICATED PEDESTRIAN BRIDGE WITH CAST IN PLACE CONCRETE ABUTMENT INCLUDING STRUCTURAL EXCAVATION, BACKFILL AND GRADING AS REQUIRED LS 1 $120,000 $120,000 05520-02 8" DIAMETER BOLLARD. EA 3 $650 $1,950 05521-01 09616-01 SELF CLOSING SWING GATE ASSEMBLY INCLUDING FABRICATION, FOUNDATION, AND INSTALLATION ADA DETACTABLE WARNING SURFACE EA SF 4 64 $14,800 $45 $59,200 $2,880 2890-16 8000-01 TRAFFIC SIGNAL IMPROVEMENTS - Red Hill AVENUE RAILROAD SIGNAL AND RR ACTIVE WARNING DEVICES - BY OTHERS LS LS 1 1 $302,900 $575,000 $302,900 $575,000 CONSTRUCTION SUBTOTAL $1,272,455 Schedule 41B - City of Tustin, Red Hill Avenue Crossing CONTINGENCY TOTAL $127,246 $1,399,701 Run ... 8/17/08 100% Submittal 8/15/2008 EXHIBIT "C" SCRRA's quiet zone Implementation Guidelines and Procedures OCTA Safety Enhancement Project for City of Tustin Page 14 of 14 Construction and Maintenance Agreement City of Tustin -METROLINK. Southern California Regional Rail Authority 700 South Flower Street, 26th Floor Los Angeles, California 900174101 Exhibit "A" SCRRA Quiet Zone Implementation Guidelines and Procedures 1.0 GENERAL a. Public authority is defined as the public entity(s) having the responsibility for traffic control or law enforcement at the public highway -rail grade or pedestrian crossing. b. Public authority shall comply with the Federal Railroad Administration's (FRA) "Final Rule" and requirements set forth in the Federal Register 49 CFR Parts 222, "Use of Locomotive Horns at Public Highway -Rail Grade Crossings", for the creation of quiet zones. The Final Rule is available on FRA's web site at http://www.fra.dot.gov/downloads/Sdety/train horn rule/fed regtrainhorns final.pdf. c. Public authority shall submit all documentations to the Southern California Regional Rail Authority (SCRRA) as required by §222. d. Public authority shall establish a quiet zone either based on public authority designation [§222.39(a)] or public authority application [§222.39(b)]. e. If a proposed quiet zone includes public grade crossings under the authority and control of more than one public authority, both public authorities must agree to establishment of the quiet zone, and must jointly, or by delegation, take such actions as are required under the Rule. [§222.37(a).] f. Public authorities are encouraged to contact and work with SCRRA and other affected parties from the beginning of the planning of the quiet zone to the end of construction for the railroad issues affecting SCRRA operated and maintained services. g. SCRRA agrees to cooperate with public authorities for the establishment of quiet zones and quiet zone related activities. 2.0 PUBLIC AUTHORITY RESPONSIBILTIES The requirements outlined in Section 2.1 through 2.10 of these quiet zone procedures represent SCRRA's policies as to the responsibility of public authorities in the implementation of quiet zones. 2.1 General Requirements a. Meet the minimum quiet zone requirements mentioned in §222.35, including the minimum length of the proposed quiet zone of one-half mile along the length of railroad right-of-way. Public authority shall include all highway -rail grade crossings (public, private and pedestrian) in the proposed quiet zone. b. Obtain prior FRA approval of the use of Engineering Alternate Safety Measures (ASMs) and modified Supplemental Safety Measures (SSMs). The public authority shall obtain FRA approval of the use of Non -Engineering ASMs and also conduct field studies to obtain baseline violation rates before and after implementation of Non -Engineered ASMs as per Section II, Appendix B, Part §222. c. Conduct diagnostic team evaluation meetings of all public, pedestrian and private highway -rail grade crossings that provide access to the public, or which provide access to active industrial or commercial sites, and are located in the proposed quiet zone. The public authority shall provide SCRRA, all railroads operating over the public highway -rail grade crossings within the proposed quiet zone (Amtrak, Union Pacific Railroad and/or BNSF Railway Company), affected SCRRA member agency or agencies, the State agency responsible for highway and road safety and the State agency responsible for grade crossing safety (the California Public Utilities Commission [CPUC]) an opportunity to participate in the diagnostic team reviews of all crossings located in the proposed quiet zones. The diagnostic team should analyze and evaluate each crossing within the proposed quiet zone as per Appendix F, Part §222. The crossings shall be equipped or treated in accordance with the recommendations of the diagnostic team. SCRRA expressly reserves the right to comment on and/or object to the FRA and/or the CPUC on any aspect, including the extent of the proposed quiet zone, the selection of improvements by the public authority or the design thereof, if in its judgment the proposed quiet zone, or any aspect thereof, will result in a reduction of safety within the zone. d. Submit all required applications to CPUC for alterations to existing crossings and obtain approval of the project work e. Execute Construction and Maintenance (C&M) Agreements prepared and submitted by SCRRA for quiet zone improvements including railroad construction. f. Make any and all necessary non -railroad related improvements at no cost to SCRRA. g. Install advance warning signs conforming to the standards contained in the Manual on Uniform Traffic Control Devices (MUTCD) that advises the motorist that train horns are not sounded at each highway approach to every public and private highway -rail grade crossing within a quiet zone, pursuant to §222.35(c). Install additional warning signs elsewhere within the proposed quiet zone, at locations other than highway -rail grade crossings as may be recommended by the diagnostic team, advising pedestrians or others that train horns are not sounded within the quiet zone. h. Conduct a periodic review on a schedule determined by C&M agreement among the public authority, SCRRA, CPUC, and other affected parties, after completion of the construction and the establishment of the quiet zone. These reviews will be conducted in the field and will consider any changes, together with any future improvements or developments that may have or will affect the qualification of the quiet zone. Should additional railroad improvements be required in order to maintain the proposed quiet zone, the public authority shall reimburse SCRRA for any additional costs associated with said improvements. i. For quiet zones implemented with an SSM at each public crossing, affirm, pursuant to §222.47(a), in writing to FRA and SCRRA that the SSMs implemented within the proposed quiet zones continue to conform to the requirements of Appendix A, Part §222 and provide an up-to-date, accurate and complete Grade Crossing Inventory Form for each public, private and pedestrian crossing within the proposed quiet zone, between 4% and 5 years after the date SCRRA Page 2 4/21/06 of the quiet zone establishment notice, and between 4%2 and 5 years after the last affirmation. Public authority shall affirm, pursuant to §222.47(b), in writing to FRA and SCRRA that the proposed quiet zones which do not have SSMs at each crossing continue to confirm to the requirements of Appendix A and B, Part §222 and provide an up-to-date, accurate and complete Grade Crossing Inventory Form for each public, private and pedestrian crossing within the proposed quiet zone, between 2'/2 and 3 years after the date of the proposed quiet zone establishment notice, and between 2%s and 3 years after the last affirmation. 2.2 Submittals a. Conduct new traffic and queuing studies as may be required to reflect current conditions as of the date of initiation of the project, as well as a separate pedestrian study if necessary to include in its evaluation of the potential impacts of the proposed quiet zone on pedestrian safety, for each crossing that is located within the proposed quiet zone and for unsecured pedestrian access points within the proposed quiet zone. The purpose of these studies is to complete an accurate and current Grade Crossing Inventory form for each crossing, and to enable the diagnostic team to assess current and future conditions at each crossing. All such studies and reports shall be promptly provided to SCRRA and CPUC for review and comments. b. Prepare Preliminary Design (30% Design) for the selected crossings and unsecured pedestrian access points and submit them to SCRRA for review, comments and approval. This Preliminary Design will form a basis for diagnostic team evaluation meetings. Public authority shall submit the following information and forms to SCRRA with the Preliminary Design: • An accurate, complete and current U.S. DOT National Highway -Rail Grade Crossing Inventory Form, FRA Form No. F6180.71. This form is available of FRA's web site at httv://www.fra-dot.p,ov/domloads/sgLeiy/xing f6180 71.pdf. SCRRA will assist the public authority by providing updated railroad information required by the Form. Detailed information as to which Supplementary Safety Measures (SSMs) as per Appendix A, Part §222 and Alternative Safety Measures (ASMs) as per Appendix B, Part §222 (ASMs are Modified SSMs, Non -Engineering ASMs and Engineering ASM's) are proposed to be implemented at each public or private highway -rail grade crossing within the proposed quiet zone. c. Revise and resubmit Final Design (100% Design) and obtain a letter of approval from all affected jurisdictions. 23 Quiet Zone Notices SCRRA a. Provide written Notice of Intent (by certified mail, return receipt requested) of its intent [§222.43] to create a new quiet zone to SCRRA, all railroads operating over the public highway -rail grade crossings within the proposed quiet zone, the State agency responsible for highway and road safety and the State agency responsible for grade crossing safety. The Notice of Intent shall include the information shown in Exhibit `V'. Public authority is encouraged to prepare the Notice of Intent after consultation with SCRRA and after conducting diagnostic team evaluation meetings. b. Provide written Notice of Establishment (by certified mail, return receipt requested) of its determination [§222.43] to establish a new quiet zone to SCRRA, all railroads operating over the public highway -rail grade crossings within the proposed quiet zone, the State agency Page 3 4/21/06 responsible for highway and road safety and the State agency responsible for grade crossing safety. The Notice of Establishment shall include the information shown in Exhibit "C". The public authority shall send the Notice of Establishment to all affected jurisdictions after completion of the construction of improvements at all highway -rail grade crossings and other locations in the proposed quiet zone, including the owner of any private crossing included within the Quiet Zone. 2.4 Reimbursements a. Pay for all the cost of environmental or permitting documentation, preliminary and final engineering, construction, maintenance and replacement services of any new equipment or facilities at all highway -rail grade crossings to meet quiet zone requirements. b. Pay in advance an estimated amount of all costs related to review, coordination and flagging to SCRRA for in-house personnel and/or consultants retained by SCRRA. The original estimated costs would not be the upper limit of the costs but provide a guideline for budgeting purposes. Regardless, all costs incurred by SCRRA during design plan review process shall be fully recoverable from the public authority. c. Reimburse SCRRA the actual costs and expenses incurred by SCRRA (less funds previously deposited), including any provisional overhead rates representing SCRRA's costs for administration and management, and its contractors and consultants for all services and work performed in connection with the proposed quiet zones. 2.5 Construction a. Proceed with the non -railroad related improvements when SCRRA and CPUC approve the construction of the project. b. Comply with the rules and regulations contained in the current editions of the following SCRRA documents during the construction of the project. The SCRRA agreements and forms are available on SCRRA's website. • Indemnification Agreement (SCRRA Form No. 5) • Temporary Right -of -Entry agreement (SCRRA Form No. 6), • Rules and Requirements for Construction on Railroad Property (SCRRA Form No. 37), • General Safety Regulations for Construction/Maintenance Activity on Railway Property, and • Applicable SCRRA Engineering Standards. 2.6 Maintenance Pay SCRRA the cost of maintenance of any additions, improvements and/or modifications to any active highway -rail grade crossing warning system necessary for the implementation of the proposed quiet zone as per terms and conditions included in the C&M agreement. As an example, if a crossing within a proposed quiet zone requires an upgrade from two gates to four (quad gates), SCRRA will continue to pay the cost of maintenance of the original two gates, and the public authority will reimburse SCRRA for annual maintenance on the additional two gates. The maintenance costs shall include inspections, testing, repairs, replacements, damage, third party utilities, and upgrades. The annual cost of maintenance of the active highway -rail grade crossing warning system shall be as determined by SORRA, based on its annual survey of the maintenance cost of the system. SCRRA Page 4 4/21/06 2.7 New Technologies Reimburse SCRRA's cost of installation of technologically superior and more reliable equipment in the future to replace existing equipment that is obsolete. Such reimbursement shall be limited to the cost of such installations serving the equipment and facilities required to establish the quiet zone. 2.8 Indemnifications a. Indemnify, defend and hold harmless SCRRA, member agencies [the five -county SCRRA member agencies are comprised of the 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 ("RCTC")], Operating Railroads ["Operating Railroads" means any passenger or freight -related railroad company(s) operating on SCRRA track(s), including the National Railroad Passenger Corporation (AMTRAK), the Union Pacific Railroad (UPRR), and the Burlington Northern and Santa Fe Railway Company (BNSF)], 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 public authority, its council, officers, agents, contractors, or employees under or in connection with any work, authority or jurisdiction delegated to public authority related to establishment and operation of a quiet zones at highway -rail grade crossings. b. PUBLIC AUTHORITY EXPRESSLY UNDERSTANDS AND ACKNOWLEDGES THAT BY ESTABLISHING A QUIET ZONE IT IS DIRECTING ALL RAILROADS OPERATING WITHIN THE QUIET ZONE TO CEASE THE SOUNDING OF LOCOMOTIVE HORNS WITHIN THE QUIET ZONE, EXCEPT UNDER CONDITIONS PROVIDED UNDER §222.23. 2.9 Insurance Obtain and maintain, at its sole cost and expense, in full force and effect during the construction of the improvements for the proposed quiet zone, general and railroad protective insurance as required by SCRRA in the amounts, coverage, and terms and conditions specified, and issued by insurance companies as described in the Temporary Right -of -Entry Agreement (SCRRA Form No. 6). SCRRA Page 5 4/21/06 2.10 SCRRA Contact Submit all written communications related to proposed quiet zones to the following at SCRRA: Mr. Ron Mathieu Manager Public Projects Southern California Regional Rail Authority 700 S. Flower Street, 26th floor Los Angeles, CA 90017 Phone: (213) 452-0249 Fax: (213) 452-0423 E-mail: mathieur(@scrra.net 3.0 SCRRA RESPONSIBILITIES a. SCRRA shall review Preliminary and Final Designs submitted by public authority at the expense of the public authority. b. SCRRA shall participate in diagnostic team evaluation meetings arranged by public authority as per §222.25(b)§222.27(b), and section 2.1(c) of these guidelines and procedures., c. SCRRA shall prepare, submit and execute a C&M Agreement between SCRRA and public authority for alterations to the highway -rail grade crossings located in the proposed quiet zone. This agreement will include detailed work description; method of payment; responsibility for design, construction, funding and maintenance; cost estimates of railroad design, construction, maintenance, inspection and flagging work; form, duration and amount of insurance; and liability at the public, private, and pedestrian crossings. d. SCRRA shall submit annual invoices to the public authority for the incremental cost of maintenance of enhancement to the active highway -rail grade crossing warning system installed for the purpose of creating, a quiet zone as identified in the executed C&M Agreement. e. After filing Notice of Establishment by the public authority, pursuant to §222.43(e), SCRRA shall cease routine use of the locomotive horn at all public and private crossings identified by the public authority upon the date set by the public authority or within 21 days of notification, whichever is later. SCRRA Page 6 4/21/06 Exhibit "B" Notice of Intent (§222.43(b)) 1.0 Required Contents a. A list of each public highway -rail grade crossing, private highway -rail grade crossing, and pedestrian crossing within the quiet zone, identified by both the U.S. National Highway -Rail Grade Crossing Inventory Number, and by street or highway name. b. A statement of the time period within which restriction on the routine sounding of the locomotive horn will be imposed. (i.e., 24 -hours or from 10 p.m. until 7 a.m.). c. A brief explanation of the public authority's tentative plans for implementing improvements within the proposed quiet zone. d. The name and title of the person who will act as point of contact during quiet zone development process and the manner in which that person can be contacted. e. A list of the names and addresses of each party that shall be notified in accordance with §222.43(a)(1). 2.0 60 -Day Comment Period a. A party that receives a copy of the public authority's Notice of Intent may submit information or comments about the proposed quiet zone to the public authority during the 60 -day period after the date on which the Notice of Intent was mailed. b. The 60 -day comment period established under paragraph §222.43(b)(2xi) may terminate when the public authority obtains from each railroad operating over the public grade crossings within the proposed quiet zone, the State agency responsible for grade crossing safety, and the State agency responsible for highway and road safety: • Written comments; or • Written statements that the railroad and State agency do not have any comments on the Notice of Intent (`no -comment statements".) Disclaimer: This summary of the final rule is for information purposes only. Entities subject to the final rule should refer to the rule text as published in the Federal Register on April 27, 2005. Should any portion of this summary conflict with the final rule, the language of the final rule shall govern. SCRRA Page 7 4/21/06 Exhibit "C" Notice of Quiet Zone Establishment (§222.43(e)) 1.0 Timing a. The Notice of Establishment of a Quiet Zone shall provide the date upon which routine locomotive horn use at highway -rail grade crossings shall cease, but in no event shall the date be earlier than 21 days after the date of mailing. b. If the public authority was required to provide a Notice of Intent, in accordance with paragraph §222.43(a)(1), the Notice of Quiet Zone Establishment shall not be mailed less than 60 days after the date on which the Notice of Intent was mailed, unless the Notice of Quiet Zone Establishment contains a written statement affirming that written comments and/or "no comments" statements have been received from each railroads operating over the public highway -rail grade crossing within quiet zone, State agency responsible for grade crossing safety, and the State agency responsible for highway and road safety in accordance with §222.43(b)(2)(ii). 2.0 Required Contents a. A list of each public highway -rail grade crossing, private highway -rail grade crossing, and pedestrian crossing within the quiet zone, identified by both the U.S. National Highway -Rail Grade Crossing Inventory Number, and by street or highway name. b. A specific reference to the regulatory. provision that provides the basis for quiet zone establishment, citing as appropriate: For New Quiet Zones or New Partial Ouiet Zones • §222.39(a)(1), implementation of SSMs at every public crossing in the New Quiet Zone or New Partial Quiet Zone; • §222.39(a)(2xi), the QZRI is at or below the NSRT without installation of any SSMs at the new Quiet Zone or New Partial Quiet Zone; • §222.39(a)(2)(ii), SSMs were implemented as some crossings in the New Quiet Zone or New Partial Quiet Zone to bring the Q2M to a level below the NSRT; • §222.39(a)(3), SSMs were implemented as some crossings in the New Quiet Zone or New Partial Quiet Zone to bring the QZRI to a level at or below the RIWH; or • §222.39(b) public authority application to the FRA for a New Quiet Zone or New Partial Quiet Zone. c. If a diagnostic team is required under §222.25 (private crossings) or §222.27 (pedestrian crossings), the Notice shall include a statement affirming that the State agency responsible for grade crossing safety and all affected railroads were provided an opportunity to participate in the diagnostic team review. The notice must also include a list of recommendations made by the diagnostic team. d. A statement of the time period within which restriction on the routine sounding of the locomotive horn will be imposed. (i.e., 24 -hours or from 10 p.m. until 7 a.m.). SCRRA Page 8 4/21/06 e. An accurate and complete Grade Crossing Inventory Form for each public highway -rail grade, pedestrian highway -rail grade crossing, and private crossing within the quiet zone that reflects conditions existing at the crossing before any new SSMs or ASMs were implemented. f. An accurate, complete, and current Grade Crossing Inventory Form for each public, pedestrian, and private crossing within the quiet zone that reflects SSMs and ASMs in place upon establishment of the quiet zone. SSMs and ASMs that cannot fully be described on the Inventory form shall be separately described. g. If the public authority was required to file a Notice of Intent in accordance with §222.43(axl), the Notice of Quiet Zone Establishment shall contain a written statement affirming that the Notice of Intent was provided in accordance with §222.43(a)(1). This statement shall also state the date on which the Notice of Intent was mailed. h. If the public authority was required to provide a Notice of Intent, in accordance with §222.43(axl), and the Notice of Intent was mailed less than 60 days before mailing the Notice of Quiet Zone Establishment, the Notice of Quiet Zone Establishment shall also contain a written statement affirming that they received written comments and/or "no comment" statements have been received from each railroads operating over the public highway -rail grade crossing within quiet zone, the State agency responsible for grade crossing safety, and the State agency responsible for highway and road safety in accordance with §222.43(b)(2)(ii). i. If the public authority was required to submit a Notice of Detailed Plan in accordance with §222.43(a)(3), the Notice of Quiet Zone Establishment shall contain a statement affirming that Notice of Detailed Plan was provided in accordance with §222.43(a)(3). This statement shall also state the date on which the Notice of Detailed Plan was mailed. The name and title of the person responsible for monitoring compliance with the requirements of the rule and the manner in which that person can be contacted. k. A list of the names and addresses of each party that shall be notified in accordance with §222.43(a)(4). 1. A statement signed by the chief executive officer of each public authority participating in the establishment of the quiet zone, in which the chief executive officer shall certify that the information submitted by the public authority is accurate and complete to the best of his/her knowledge and belief. Disclaimer: This summary of the final rule is for information purposes only. Entities subject to the final rule should refer to the rule text as published in the Federal Register on April 27, 2005. Should any portion of this summary conflict with the final rule, the language of the final rule shall govern. SCRRA Page 9 4/21/06