Loading...
HomeMy WebLinkAbout07 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY'~. ~ ' Agenda Item 7 ~~-- AO E N DA R E P O RT Reviewed: ~~ - City Manager ~ `~ °~ Finance Director MEETING DATE: SEPTEMBER 20, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: CITY MANAGER'S OFFICE AND PUBLIC WORKS DEPARTMENT SUBJECT: APPROVAL OF A CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) AND THE CITY OF TUSTIN FOR THE TUSTIN RANCH ROAD OVERCROSSING SUMMARY Staff is requesting the City Council approve the Construction and Maintenance Agreement with Southern California Regional Rail Authority ("SCRRA") identifying responsibilities for construction activities associated with the new grade separated overpass structure and associated roadway improvements that collectively define the Tustin Ranch Road Extension. RECOMMENDATION It is recommended that the City Council: 1. Approve the attached Construction and Maintenance Agreement with SCRRA and authorize the Public Works Director/City Engineer to execute the agreement on behalf of the City and Agency, in a form substantially consistent with the attached and subject to approval by the City Attorney; and 2. Appropriate $1,023,000 from the undesignated unappropriated fund balance CFD 06-01 Fund (434). FISCAL IMPACT The railroad work to be performed by SCRRA, at the ..City's sole cost and expense, is estimated at $1,023,000. The estimate work to be performed by SCRRA is described pursuant to Exhibit D-2 of the Agreement. Sufficient funds in the CFD 06-01 fund balance are available for this action and recommended for the timely use of bond proceeds. DISCUSSION AND BACKGROUND SCRRA is afive-county joint powers authority existing under the laws of the State of California. SCRRA controls, operates and maintains the railroad track, structures, signals, and appurtenances on the rail line traversed by the Tustin Ranch Road Extension. Phase 1 construction of the Tustin Ranch Road Extension Project is currently underway. Plans for Phase 2 construction, including the Tustin Ranch Road grade separated overpass structure which affects SCRRA jurisdictional tracks and signals in the area, is nearing completion and construction bids for this construction phase will soon be solicited. The project cost identified herein will cover SCRRA's cost for signal and communication cable relocation as well as a right-of-entry and flagging costs for construction of the overpass structure itself. The right-of-way presently utilized Construction and Maintenance Agreement with SCRRA for the Tustin Ranch Road September 20, 2011 Page 2 for this project is not sufficient to construct this new structure so a license from Orange County Transportation Authority was previously acquired April 8, 2011. ~- Christine A. Shingleton Assistant City Manager ~7otx~l~s S. Stack, P.E, ~ire~tor of Public Works/City Engineer <; ~, Attachment A: Construction and Maintenance Agreement for Tustin Ranch Road between SCRRA and the City of Tustin S:\City Council Items12011 Council ItemslApproval of Construction and Maintenance Agreement with Southern California Regional Rail Authority for TRR Extension Project CIP 70100.dacx CONSTRUCTION AND MAINTENANCE AGREEMENT for TUSTIN RANCH ROAD BETWEEN SOUTHEI~;N CALIFORI~TIA REGIONAL RAIL AUTHORITY (SCR.RA} AND THE CITY OF TUSTIN COVERING THE CONSTRUCTION OF TUSTIN RANCH ROAD AT SCR.RA MP OR-178.90 -ORANGE SUBDIVISION DOT NO.: 922851 T CPUC NO.: 101 OR-178.90 A IN TUSTIN, ORANGE COUNTY, CALIFORNIA Tustin Ranch Road Overpass Agreement SCRRA Folder No.: 50000711 SCRRA Project No.: 860501 Construction and Maintenance Agreement for TUSTIN RANCH ROAD CPUC No. OR-178.90 A DOT No.: 922$S1T MP OR-178.90 -ORANGE SUBDIVISION ORANGE, CALIFORNIA THIS Construction and Maintenance Agreement ("AGREEMENT") is made and entered into as of the day of 201_ ("EFFECTIVE DATE") by and between the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of California, hereinafter referred to as "SCRRA", to be addressed at One Gateway Plaza, 12`" Floor, Los Angeles, California 90012, and the CITY OF TUSTIN, a General Law City and a municipal corporation organized and existing under the laws of the State of California and its Charter, hereinafter referred to as "CITY", to be addressed at City of Tustin, 300 Centennial Vtlay, Tustin, California 92780. Herein, SCRRA and CITY are collectively referred to as the "PARTIES". RECITALS: SCRRA is afive-county joint powers authority, created pursuant to the California Public Utilities Code Section 130255 and the California Government Code Section 6500 et seq., to build, maintain, administer, and operate the "METROLINK" commuter train system on railroad rights-of--way owned by the member agencies and through other shared use and joint operation agreements. The five-county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority ("MTA"), Ventura County Transportation Commission ("VCTC"), Orange County Transportation Authority ("OCTA"), San Bernardino Associated Governments ("SANBAG"), and Riverside County Transportation Commission ("RCTC"). Tustin Ranch Road Overpass Agreement SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, communication systems, and appurtenances on the rail line known as the Orange Subdivision in the area traversed by Tustin Ranch Road. SCRRA and the "Operating Railroads" [as used herein "Operating Railroads" means any passenger or freight-related railroad company(s) operating on SCRRA track(s), including the National Railroad Passenger Corporation (AMTRAK), the Burlington Northern Santa Fe (BNSF)] operate trains and rail equipment through this crossing location on right-of--way owned by OCTA, in accordance with Shared Use Agreements dated April 18, 1991, and December 16, 1992, and the Agreement between SCRRA, its Member Agencies, and the National Railroad Passenger Corporation (AMTRAK) otherwise known as the "Intercity Agreement". The CITY desires to construct a new grade separated overpass structure (the "STRUCTURE") and associated roadway improvements and appurtenances that collectively define the "PROJECT", which is further described as set forth in Exhibit B-1, that will carry vehicular traffic traversing on Tustin Ranch Road over SCRRA's track(s) at Mile Post 178.90, CPUC No. OR-178.90A, DOT No. 922851T, on the Orange Subdivision in City of Tustin, County of Orange, California as described in Exhibit B-1 and in accordance with Exhibit A. The general arrangement, plan, section and location of the STRUCTURE proposed by the CITY are shown on the location print marked as Exhibit B-2. The detailed plan(s) of the STRUCTURE and PROJECT upon acceptance by SCRRA are to be included in this AGREEMENT and are collectively marked as Exhibit B-3. The PROJECT also includes any and all changes to railroad telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and final design review, construction engineering, inspection, and contract preparation. The right-of--way presently utilized by the CITY is not sufficient to construct the new STRUCTURE. Therefore, under this AGREEMENT, the CITY will need to seek an additional license from OCTA to facilitate the construction of the STRUCTURE. The portion of SCRRA's Right-of--Way that CITY needs to use in connection with the constructed STRUCTURE (including the right-of--way area presently occupied by the existing STRUCTURE) is described in the license marked as Exhibit C-l, and illustrated on the plat marked as Exhibit C-2. The license and associated plat collectively define the "CROSSING AREA". SCRRA and the CITY are entering into this AGREEMENT to cover the PROJECT as described above, and as contained in the Exhibits attached hereto and made a part of this AGREEMENT. 2 Tustin Ranch Road Overpass Agreement AGREEMENT NOW, THEREFORE, it is mutually agreed by and between the PARTIES hereto as follows: ARTICLE 1 - LIST OF EXHIBITS The exhibits below are attached to and made a part of this AGREEMENT as if set forth in their entirety: Exhibit A Standard Terms and Conditions Exhibit B-1 Description of Project Exhibit B-2 Railroad Location Print Exhibit B-3 Project Plans Exhibit B-4 Project Specifications Exhibit B-5 SCRRA Form of Approval Exhibit B-6 List of Submittals Requiring SCRRA Review Exhibit C-1 License for Crossing Area Exhibit C-2 Plat of License and Legal Description Exhibit D-1 CITY Scope of Work and Estimate Exhibit D-2 SCRRA Scope of Work and Estimate (RAILROAD WORK) Exhibit E-1 SCRRA Bridge Design Requirements Exhibit E-2 Requirements of the Contractor Exhibit E-3 SCRRA Form 6 -Temporary Right-of--Entry Agreement Exhibit E-4 SCRRA Insurance Requirements Exhibit F Funding Schedule Exhibit G CPUC Decision Granting Authority to construct Grade-separated Highway-Rail Crossing 3 Tustin Ranch Road Overpass Agreement ARTICLE 2 -DESCRIPTION OF PROJECT (NOT USED) ARTICLE 3 -PLANS AND SPECIFICATIONS 3.1 The CITY, shall, at its sole cost and expense, prepare detailed Plans, Specifications, and Estimates (the "PS&E") for the PROJECT, except designs of the RAILROAD WORK to be performed by SCRRA as described in Exhibit D-2 (hereinafter the "RAILROAD WORK"). The CITY shall comply with all SCRRA terms and conditions that are described in Exhibits E-1 through and including Exhibit E-4, and any other special guidelines that SCRRA may provide to the CITY for this PROJECT. 3.2 SCRRA, at the sole cost and expense of the CITY, will prepare, or cause to be prepared, the detailed PS&E for the changes, additions, or alterations to existing SCRRA track, signals, and communication facilities required in the connection with the PROJECT to be performed by SCRRA, which is more fully described as the RAILROAD WORK in Exhibit D-2 - SCRRA Scope of Work and Estimate. 3.3 The CITY shall furnish and submit copies of the plans and specifications, along with the supporting calculations, to SCRRA at about the 30%, 60%, 90%, and 100% stages of design completion, and at other times as requested by SCRRA during development of the design, for the review and approval of SCRRA, insofar as the PROJECT affects the property, facilities, safety, operation, or interests of SCRRA. 3.4 The PS&E shall include all appurtenances, associated drainage, shoring, sheeting, and excavations for bents and/or abutments next to or adjacent to SCRRA's tracks and, if applicable, all demolition and removal plans for any existing structures. The CITY shall make its submittals sufficiently in advance of the final adoption of any element in the design to permit SCRRA a reasonable period for review, and to communicate any recommendations or to make any requests for revisions in the PS&E where the interests of SCRRA are affected by the PROJECT. 3.5 The CITY shall coordinate its designs with SCRRA designs for the RAILROAD WORK, utilities, and any other third parties affected by the PROJECT. The CITY shall revise its PS&E as necessary, or upon notice by SCRRA, to provide adequate clearances, provide access for future maintenance, provide for the proper location and functioning of signal and communication systems, and provide for additional tracks to permit the future expansion of SCRRA service. 4 Tustin Ranch Road Overpass Agreement 3.6 If the CITY elects to combine the design and construction into a single design-build contract, the CITY shall not assign any right, duty, or obligation of the CITY under this AGREEMENT to the design-build entity without the prior written approval of SCRRA, provided that such approval shall not be unreasonably withheld or delayed by SCRRA. 3.7 SCRRA will review the PS&E for general conformance with SCRRA standards and requirements. SCRRA will give CITY final written approval of the plans and specifications substantially in the form of Exhibit B-5. Upon the final written approval of the plans and specifications by SCRRA, said plans and specifications will become part of this AGREEMENT by reference. No changes in the final and approved PS&E may be made unless SCRRA has consented to the proposed changes in writing. 3.8 Approval by SCRRA shall mean only that the PS&E meet the standards of SCRRA, and such approval by SCRRA shall not be deemed to mean that the PS&E or construction is structurally sound and appropriate or that the PS&E meet applicable regulations, laws, statutes, local ordinances, building codes, or any combination thereof. 3.9 Upon completion of the PROJECT, the CITY, at its sole cost and expense, shall furnish one full-size and one half-size sets of plans depicting the as-constructed condition of the PROJECT and appurtenances. In addition, the CITY shall furnish one copy of the Specification and one copy of the structural calculations of any railroad owned or maintained structures. The CITY shall furnish the drawings for SCRRA owned or maintained facilities and structures electronically in an editable Microstation or AutoCAD file format. In addition to the printed copies required above, the CITY shall furnish a compact disc (CD) or a Digital Versatile Disc (DVD) containing all of the construction and contract documents in portable document format (PDF). ARTICLE 4 -SCRRA REQUIREMENTS (NOT USED ARTICLE 5 -WORK AND ESTIMATE BY CITY 5.1 The work to be performed by the CITY is described in Exhibit D-1 -CITY Scope of Work and Estimate, dated April S, 2011, (hereinafter referred to as "CITY WORK") in the amount of $7,929,772.00, and is marked as Exhibit D-l. 5 Tustin Ranch Road Overpass Agreement 5.2 CITY shall also make any and all arrangements for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions, or public utilities other than SCRRA which maybe necessary for the construction of the PROJECT. 5.3 The CITY shall be responsible for the removal of any and all contaminated or hazardous material within the limits of the PROJECT and the CROSSING AREA in accordance with applicable law or regulation. ARTICLE 6 -WORK AND ESTIMATE BY SCRRA 6.1 The RAILROAD WORK to be performed by SCRRA, at the CITY's sole cost and expense, is described in Exhibit D-2 -SCRRA Scope of Work and Estimate, dated March 18, 2011, SCRRA's estimated cost for SCRRA's RAILROAD WORK associated with the PROJECT is $1,023,000.00. 6.2 Upon receipt from the CITY of a written notice to proceed with the RAILROAD WORK, SCRRA will place orders for any needed materials or equipment, and issue contracts or task orders for any adjustment of SCRRA facilities necessary to permit construction of the PROJECT. Orders for materials, new contracts for construction, or task orders under existing contracts, will be issued in accordance with SCRRA procurement policies and the laws and regulations governing public agency contracts that are applicable to SCRRA. SCRRA will not commit to designing, ordering materials, and relocating the wayside signals at the work site for six (6) months to a (1) year after the Notice to Proceed unless the work can be coordinated with similar work at the same location earlier than six months after the Notice to Proceed. 6.3 Completion of any designs necessary for the RAILROAD WORK portion of the PROJECT, and the acceptance of the estimate in Exhibit D-2, and the deposit of any funds due to SCRRA, are conditions precedent to issuing the Notice to Proceed with the RAILROAD WORK. ARTICLE 7 -CONSTRUCTION BY CITY 7.1 CITY shall furnish, or cause to be furnished, all labor, materials, tools equipment, and superintendence for the performance of the CITY WORK far which the CITY is responsible. The CITY shall also provide a full-time resident engineer with experience in highway-railroad grade separation projects on the site of the work during construction. The resident engineer must be an engineer licensed in the State of California, and must have the authority to provide direction to the contractor or contractors employed by the CITY, and to commit the agency within a reasonable scope of authority. SCRRA, at the cost and expense of the CITY, may retain an 6 Tustin Ranch Road Overpass Agreement inspector or engineer to make periodic reviews of the work insofar as the interests of SCRRA are affected. 7.2 CITY must supervise and inspect the operations of all contractors employed by the CITY to assure compliance with the plans and specifications approved by SCRRA, the terms of this AGREEMENT and all safety requirements of SCRRA. If SCRRA determines that proper supervision and inspection is not being performed by CITY personnel at any time during construction of the PROJECT, SCRRA has the right to stop construction within or adjacent to its operating right-of--way. Construction of the PROJECT, within or adjacent to the SCRRA right-of--way, will not proceed until CITY corrects the objectionable condition or activity to the reasonable satisfaction of SCRRA. If SCRRA believes that the condition or activity is not being corrected in an expeditious manner, SCRRA will immediately notify CITY, and CITY agrees to institute appropriate corrective action. 7.3 The CITY shall incorporate the requirements of Exhibit E-1 and Exhibit E-4 inclusive into each prime contract for construction of the PROJECT. The CITY shall exercise its authority as a party to any contract for construction into which it enters, to ensure that its contractor conforms with the requirements listed in Exhibit E-2 and Exhibit E-4 inclusive, and to avoid delay or damage to SCRRA operations, right-of--way, property, or other facilities, or the operations, property or facilities of others occupying or using SCRRA right-of--way. All work done by the CITY, or its Contractor(s), on the right-of--way of SCRRA shall be done in a manner satisfactory to SCRRA. 7.4 SCRRA and CITY shall establish mutually agreeable work windows for the PROJECT prior to advertising the PROJECT for bid. To facilitate scheduling for the PROJECT, CITY shall require its contractor or contractors to give SCRRA's representative seventy-five (75) days advance notice of the proposed times and dates for any absolute work windows to which SCRRA has agreed. Should, due to train operations or service obligations or other reasons provided in this AGREEMENT, it become impracticable to provide the work window on the dates established, SCRRA will provide the work window at the next reasonable available opportunity. SCRRA shall not be responsible for any additional costs and expenses resulting from a change in work windows. 7.S The CITY shall furnish copies of the contractor-furnished submittals listed in Exhibit B-b to SCRRA for review and approval prior to proceeding with the work covered by the Submittal. Upon approval of the CITY, the contractor(s) may make the submittals directly to SCRRA at the address provided in this AGREEMENT. SCRRA shall be allowed thirty (30) working days to complete its review of any submittals. 7 Tustin Ranch Road Overpass Agreement 7.6 CITY must advise the appropriate SCRRA Assistant Director -Public Projects, in writing, of the completion date of the PROJECT within thirty (30) days after such completion date. Additionally, CITY must notify SCR.RA's Assistant Director -Public Projects, in writing, of the date on which CITY and its contractor(s) will meet with SCRRA for the purpose of making final acceptance of the PROJECT. ARTICLE 8 -SHOOFLY CONSTRUCTION (NOT USED) ARTICLE 9 -_TRACK STABILIZATION PERIOD (NOT USED) ARTICLE 10 -DISTRIBUTION OF COSTS 10.1 The sources of funding for the PROJECT include Local funds and Measure M. CITY and SCRRA each agree to conform to all contracts, expenses and invoicing for this PROJECT to meet the requirements of the funding contracts and agreements attached to this AGREEMENT as Exhibit F. SCRRA acknowledges that certain fiznding is contingent upon execution of this AGREEMENT. The CITY shall furnish SCRRA copies of any funding contracts or agreements into which the CITY enters after the date of this AGREEMENT. 10.2 If the CITY will be receiving any federal funding for the PROJECT, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this AGREEMENT by reference, and construction work by the CITY and contractor(s) shall be performed, and any reimbursement to SCRRA for work it performs, shall be made in accordance with the Federal Aid Policy Guide. If there is no corresponding closure of an existing grade crossing as part of the PROJECT as provided in 23 CFR 646.210(b)(2), the PROJECT is of no ascertainable benefit to SCRRA and SCRRA shall not be obligated to pay or contribute to any PROJECT costs. 10.3 Notwithstanding any provision of 23 CFR 210, or funding contract or agreement, the CITY agrees to assume, in accordance with 23 CFR 210 (d), all responsibility for any and all share of the cost for which SCRRA might otherwise be responsible. SCRRA shall not, in any event, be required to commit its own revenue or that of its member agencies to the PROJECT. 8 Tustin Ranch Road Overpass Agreement ARTICLE ll -PAYMENT FOR SCRRA WORK 11.1 Upon the execution of this AGREEMENT, the CITY shall deposit one hundred percent (100%) of the amount of the estimate contained in Exhibit D-2 - SCRRA Scope of Work and Estimate with SCRRA. If at any time, the actual cost, including the estimated allocated overhead, exceeds eighty percent (80%) of the amount deposited by the CITY, SCRRA shall, at its sole discretion, revise its estimates of the amount of RAILROAD WORK remaining, and the CITY shall deposit any additional amounts in excess of the original deposit with SCRRA. 11.2 SCRRA will submit quarterly statements of costs incurred by SCRRA for review by the CITY. The CITY shall review the statement for conformance with the applicable provisions of 48 CFR 31 or the requirements of the funding agreements contained in Exhibit F within Seven (7) business days and provide SCRRA with written approval, comments and/or objections in writing. 11.3 Until SCRRA receives formal approval of its overhead rates, an estimated allocated overhead rate will be provided for cost estimation and budgeting purposes. SCRRA may not invoice for these overhead costs until the Federal Transit Administration, SCRRA's cognizant audit Agency, has approved the final rate at the completion of its audit. The overhead approval process will cause SCRRA to delay in submitting its invoices for overhead costs. Upon completion of the PROJECT, and after the SCRRA overhead rate for each period covering the construction of the PROJECT is approved by the cognizant audit Agency, SCRRA will send the CITY a detailed statement of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit D-2. 11.4 SCRRA, if it so elects, may recalculate and update the Estimate submitted to the CITY in the event the CITY does not commence construction on the portion of the PROJECT located on the right-of--way of SCRRA within six (6) months from the date of the Estimate. 11.5 CITY acknowledges that the Estimate as contained in Exhibit D-2 does include an estimate of the flagging or other protective service costs provided by SCRRA that are to be paid by CITY or the Contractor(s) in connection with the PROJECT. The cost of all flagging and other protective and support services incurred by SCRRA are to be paid by the CITY or the Contractor(s) as determined by SCRRA and CITY. If it is determined that the Contractor(s) will pay SCRRA directly for such costs, CITY agrees that it will require the Contractor(s) to deposit with SCRRA an amount sufficient to cover the estimated cost of flagging and other 9 Tustin Ranch Road Overpass Agreement protecfive or support services. CITY will pay SCRRA for any flagging costs that have not been paid by any Contractor(s) within thirty (30) days of the Contractor's receipt of billing. 11.6 CITY acknowledges that by entering into this AGREEMENT, SCRRA will provide services and accommodations to promote the public interest in the PROJECT without profit or other economic benefit. Notwithstanding the amount of any estimate provided by SCRRA, the CITY agrees to reimburse SCRRA for one hundred percent (100%) of all actual costs incurred by SCRRA in connection with the PROJECT including, but not limited to, actual costs of engineering review, construction inspection, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the normal and customary additives applicable to SCRRA (which shall include direct and indirect overhead costs) associated therewith. ARTICLE 12 -- PERMIT TO CONSTRUCT STRUCTURE 12.1 In consideration of the faithful performance of CITY's covenants under this AGREEMENT, SCRRA grants to CITY, its successors and assigns, anon-exclusive right-of--entry to construct the STRUCTURE across the CROSSING AREA as described further in Exhibit C-1 and Exhibit C-2, subject to the terms and conditions set forth in this AGREEMENT, and subject to the provisions for flagging and protective services. Excepting also, and reserving SCRRA's rights, and the rights of any others who have obtained, or may obtain, permission or authority from SCRRA, to do the following: a) Operate, maintain, renew, reconstruct, relocate any and all existing railroad track(s), wires, pipelines and other facilities of like character upon, over or under the surface oftheright-of--way; b) Construct, operate, maintain, renew and/or relocate upon said right-of--way, without limitation, such facilities as SCRRA may from time to time deem appropriate, provided such facilities do not materially interfere with the CITY's use of the STRUCTL~IZE; c) Otherwise use, enter upon, and operate upon the right-of--way as SCRRA may from time to time deem appropriate, provided such use or operations does not materially interfere with the CITY's use of the STRUCTURE. 12.2 The right-of--entry given by SCRRA to CITY in this provision does not convey any rights in property and are without warranty of title of any kind, express or implied, and no covenant of warranty of title will be implied from the use of any word or words contained in this AGREEMENT. The right-of--entry is for construction and maintenance of the STRUCTURE and its appurtenances only and shall not be used by CITY for any other purpose. 10 Tustin Ranch Road Overpass Agreement CITY shall obtain any necessary easements or licenses, on, over, or under the real property necessary to permit the permanent location and use of the improvements comprising the PROJECT. ARTICLE 13 -CONTRACTOR'S RIGHT OF ENTRY PERMIT AND INSURANCE 13.1 Entry onto the SCRRA right-of--way by the CITY or its contractor(s) shall at all times be subject to the current, at time of entry, requirements far entering the SCRRA right-of--way and the SCRRA procedures and requirements for securing railway flagging or other protective services. 13.2 The CITY shall incorporate the provisions set forth in Exhibit E-2 through and including Exhibit E-4, into each contract for construction of the PROJECT. The CITY shall further require that each of its Contractors comply with the requirements set forth in Exhibit E-2 through and including Exhibits E-4, to this AGREEMENT. 13.3 If the CITY retains a Contractor(s) to perform any work involving the PROJECT (including initial construction and any subsequent relocation or maintenance and repair work), the CITY shall require the Contractor(s) to: a) Execute SCRRA "'Form 6 -Right -of -Entry Agreement" or similar form of agreement as adopted by SCRRA at the time that any future work is performed without modification. A copy of Form 6 as currently adopted by SCRRA is included with AGREEMENT as Exhibit E-3. b) Furnish and provide the bonds, insurance policies, certificates, binders, endorsements or combinations thereof in accordance with the insurance requirements accompanying SCRRA "Form 6 - Right -of--Entry Agreement" and as described in Exhibit E-4. 13.4 The CITY shall not allow any contractor(s) to commence any work in the CROSSING AREA or on any other portion of the SCRRA right-of--way until the contractor(s) have provided the required insurance and the right-of--entry is approved and signed by SCRRA. 13.5 All insurance correspondence, binders, policies, certificates andlor endorsements shall be sent to: Christos Sourmelis ROW Engineering Coordinator 279 East Arrow Highway, Suite A San Dimas, CA 91773 11 Tustin Ranch Road Overpass Agreement Email: sourmelisc(a?scrra.net Phone: (909) 394-3418 SCRRA File No. S0000711 13.6 The CITY may not self-insure any portion of the insurance coverage for work performed by the employees of the CITY without the prior approval of SCRRA. 13.7 Under no circumstances will personnel, equipment, or material of a contractor or the CITY be allowed on the SCRRA right-of-way without providing the insurance required by this article and arranging for flagging or other protective services. ARTICLE 14 -MAINTENANCE OF COMPLETED STRUCTURE 14.1 SCRRA will accept, own, and maintain, at its sole cost and expense, the fallowing portions of the PROJECT: a) The railroad roadbed, ballast, track and appurtenances; b) The railroad signal and communication facilities and appurtenances; c) The railroad maintenance roads located on the railroad right-of--way and on the railroad side of access gates; d) The railroad drainage structures; e) Other facilities to which SCRRA accepts title whether constructed by CITY or SCRRA. 14.2 CITY will own and maintain, at its sole cost and expense, the following portions of the PROJECT: a} The bridge superstructure, bridge seats, bearings, and bearing areas; b} The bridge abutments, piers, backwalls, wingwalls, and connecting retaining walls; c} The roadway including the roadway approaches and curbs, gutters, sidewalks and appurtenances thereto; d) The overpass and approach lighting; e) The roadway drainage structures, storm drain laterals, and collecting storm drains; f) The access roadways and gates necessary to reach SCRRA right-of--way; the roadway signage and striping; g) The railings and appurtenances for protection or benefit of vehicles and pedestrians; 12 Tustin Ranch Road Overpass Agreement h) All other work constructed by the PROJECT excepting that for which SCRRA is responsible under this AGREEMENT or pursuant to law or regulation. 14.3 If the CITY elects to paint the bridge superstructure as part of the PROJECT, CITY shall keep the bridge girders and superstructure painted as part of its maintenance obligations. 14.4 CITY must apply and maintain vertical clearance signs which consistently and accurately describe the minimum actual vertical clearance from the bottom of the STRUCTURE to the top of any pavement. 14.5 CITY shall keep the underside of the STRUCTURE, those portions of the structure visible from the roadway, and surrounding areas reasonably clean and free from birds, pigeons, scavengers, vermin, creatures, and other animals. CITY shall keep the underside and all portions of the PROJECT free of graffiti. 14.6 CITY shall trim, mow, prune, remove, or otherwise control all vegetation within CITY right-of--way, including that which may encroach within the SCRRA right-of--way. ARTICLE 15 -EFFECTIVE DATE; TERM AND TERMINATION 1 S.1 This AGREEMENT shall become effective as of the date signed by SCRRA, and shall continue in full force and effect for as long as the STRUCTURE remains within the CROSSING AREA. 15.2 In the event the CITY does not commence construction on the portion of the PROJECT located on the SCRRA CROSSING AREA within eighteen (18) months of the EFFECTIVE DATE of the AGREEMENT, SCRRA may, if it so elects, terminate this AGREEMENT effective upon delivery of thirty (30) days written notice to the CITY. 15.3 SCRRA may suspend its perfomlance, under this AGREEMENT, if it becomes impracticable to proceed because of the lack of funding or restrictions on the distribution of funds. 15.4 If the AGREEMENT is terminated or suspended as provided above, or for any other reason, the CITY shall pay to SCRRA all actual costs incurred by SCRRA or its contractor(s) in connection with the PROJECT up to the date of termination or suspension, including, without limitation, all actual costs incurred by SCRRA in connection with reviewing any preliminary or final PROJECT PS&E, including allocated overhead. 13 Tustin Ranch Road Overpass Agreement ARTICLE 16 -CONDITIONS PRECEDENT TO START OF WORK 16.1 Neither the CITY nor any Contractor(s) retained by the CITY may commence any work within the CROSSING AREA or on any other SCRRA property until: a) SCRRA and CITY have executed this AGREEMENT. b) SCRRA has provided to the CITY, SCRRA's written approval of the PS&E. c) Each Contractor(s) has executed SCRRA "Form No. 6 -Temporary Right-of--Entry Agreement" and has obtained and provided to SCRRA the insurance policies, certificates, binders, endorsements, or a combination thereof set forth in the "Form 6 -Right-of- Entry Agreement. d) All required sums for payment of SCRRA engineering support and protective services have been deposited with SCRRA. ARTICLE 17 -INDEMNIFICATION 17.1 Neither SCRRA, nor the Operating Railroads, nor any of SCRRA's board members, member agencies, officers, agents, volunteers, contractors, or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CITY under or in connection with any aspect of the PROJECT, CITY WORK, authority or obligation agreed to by the CITY under this AGREEMENT. CITY shall indemnify, defend and hold harmless SCRRA, any Operating Railroads, as identified by SCRRA, as well as their respective board members, member agencies, officers, agents, volunteers, contractors, and employees ("SCRRA Indemnitees") from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the SCRRA Indemnitees arising out of or connected with any negligent acts or omissions on the part of CITY, its council, officers, agents, contractors, or employees under or in connection with any aspect of the PROJECT, CITY WORK, authority or obligation agreed to by the CITY under this AGREEMENT. This indemnity shall survive completion of the PROJECT, CITY WORK, RAILROAD WORK and termination of this AGREEMENT. 14 Tustin Ranch Road Overpass Agreement 17.2 Neither CITY, nor its council, officers, agents, contractors, or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCRRA under or in connection with any RAILROAD WORK, work, authority or obligation agreed to by SCRRA under this AGREEMENT. 5CRRA shall indemnify, defend and hold harmless CITY, as well as their respective 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 on the part of SCRRA, its board members, officers, agents, volunteers, contractors or employees under or in connection with any aspect of the RAILROAD WORK, work, authority or obligation agreed to by SCRRA under this AGREEMENT. This indemnity shall survive completion of the PROJECT, CITY WORK, RAILROAD WORK and termination of this AGREEMENT. 17.3 In contemplation of the provisions of Government Code §895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being PARTIES to an agreement, as defined in Government Code §895, each of the PARTIES hereto, pursuant to the authorization contained in Government Code §895.4 and §895.6, will assume the full liability imposed upon it or any of its officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of §895.2 of such code. To achieve this purpose, each other agrees to indemnify and hold harmless each other for any cost or expense that may be imposed upon each other solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if incorporated herein. ARTICLE 18 -GENERAL PROVISIONS 18.1 This AGREEMENT shall continue in force and effect unless otherwise provided herein, until mutual termination by the PARTIES or the elimination or removal of the grade separation (overpass), whichever occurs first. The covenants and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of CITY and SCRR.A. 18.2 This AGREEMENT may be modified or amended only 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 CITY and SCRRA. 15 Tustin Ranch Road Overpass Agreement 18.3 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. 18.4 The PARTIES to the AGREEMENT shall maintain all records associated with the PROJECT for the period of three (3) years from the date of the final invoice in accordance with 23 CFR 645. 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 representatives of the State and FHWA for three years after FHWA payment of final invoice. Furthermore, each party shall make all records available for audit by SCRRA, or CITY, or State, or Federal auditors, or all or any combination. All audits are to be performed in accordance with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31. 18.5 In addition to the specific provisions of this AGREEMENT, the 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; andlor 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 thirty (30) days after the commencement of the cause, the period shall commence to run only 30 days prior to the giving of such notice. 18.6 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 respective party. 18.7 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. 18.8 This AGREEMENT shall be construed and interpreted under the laws of the State of California. 18.9 The article and section headings in this AGREEMENT are for convenience only and shall not be used in 16 Tustin Ranch Road Overpass Agreement its interpretation or considered part of this AGREEMENT. l 8.10 Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to have been given when in the ordinary course it would be delivered. The representatives of the PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands and communications shall be given, are as follows: To CITY: Douglas S. Stack Director of Public Works & City Engineer CITY OF TUSTIN 300 Centennial Way Tustin, California 92780 To SCRRA: Patricia A. Watkins Assistant Director -Public Projects Southern California Regional Rail Authority 279 East Arrow Hwy, Suite A San Dimas, California 91773 17 Tustin Ranch Road Overpass Agreement IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be duly executed in by their duly qualified and authorized officials. SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY By: _ __ John Fenton. Chief Executive Officer Date: APPROVED AS TO FORM: Andrea Sheridan Ordin County Counsel, County of Los Angeles By: Truc L. Moore Deputy County Counsel Date: CITY OF TUSTIN By: Douglas S. Stack Director of Public Works & City Engineer Date: APPROVED AS TO FORM: City of Tustin By: David E. Kendig, Attorney City of Tustin B y: Date: 1$ Tustin Ranch Road Overpass Agreement 19 EXHIBIT A To Construction and ~~Iaintenance Agreement for TUSTI~~T RANCH ROAD Cover Sheet for the Standard Terms and Conditions Tustin Ranch Road Overpass Agreement EXHIBIT A To Construction and Maintenance Agreement TERMS AND CONDITIONS SECTION 1 - CONDITIONS AND COVENANTS a) SCRRA makes no covenant or warranty of title for quiet possession or against encumbrances. The CITY shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the CITY shall not use or permit use of the Crossing Area for other railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on SCRRA's right-of-way by or under authority of the CITY for the purpose of conveying electric power or communications incidental to the CITY's use of the right-of-way for highway purposes shall be constructed in accordance with specifications and requirements of SCRRA, and in such manner as not adversely to affect communication or signal lines of SCRRA or its licensees now or hereafter located upon said right-of-way. No non-party shall be admitted by the CITY to use or occupy any part of SCRRA's right-of-way without SCRRA's written consent. Nothing herein shall obligate SCRRA to give such consent. b) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. The CITY shall not damage, destroy or interfere with the right-of-way or rights of nonparties in, upon or relating to the SCRRA right-of-way, unless the CITY at its own expense settles with and obtains releases from such nonparties. c) SCRRA and its member agencies reserve the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the right-of-way; also the right to cross the Crossing Area with all kinds of equipment. SCRRA further reserves the right to attach signal, communication or power lines to any highway facilities located upon the right-of-way, provided that such attachments shall comply with CITY's specifications and will not interfere with the use of the Crossing Area. d) SCRRA reserves the right to cross the Crossing Area with such SCRRA tracks as may be required for its convenience or purposes in such manner as not to unreasonably to interfere with its use as a public highway. In the event SCRRA shall place tracks upon the Crossing Area, the CITY shall, at its sole cost and expense, modify the highway to conform with the rail line. e) So far as it lawfully may do so, the CITY will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the right-of-way as a component part of SCRRA's operating right-of-way. f) If any property or rights other than the right granted by this Agreement and the attached easements or licenses are necessary for the construction, maintenance and use of the Structure and its appurtenances, or for the performance of any work in connection with the Project, the CITY will acquire all such other property and rights at its own expense and without expense 2 Tustin Ranch Road Overpass Agreement to SCRRA. SECTION 2 - CONSTRUCTION OF PROJECT a) All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the party obligated by this Agreement to perform the work. All work must be diligently prosecuted to conclusion in its logical order and sequence. All changes or modifications proposed during construction which affect SCRRA or the interests of SCRRA will be subject to SCRRA's approval prior to the commencement of work on all such changes or modifications. b) Except as may be otherwise specifically provided herein, the CITY, at its expense, shall furnish all necessary labor, material tools, equipment, and superintendence, and shall construct and complete the Structure and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the Structure and the SCRRA tracks. Upon completion of the Project, the CITY shall remove from SCRRA's right-of-way all temporary structures and false work, and will leave the Crossing Area and adjacent right-of-way in a condition satisfactory to SCRRA. c) The CITY, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish SCRRA upon request with satisfactory evidence that such authority has been obtained. The CITY shall act as the lead agency on all planning, zoning, environmental approval and permitting activities required by State or Federal law and shall obtain and pay for all other permits and licenses required bylaw or regulation for the Project. d} All construction work of the CITY upon SCRRA's right-of-way (including, but not limited to, construction of the Structure and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Director of Engineering and Construction of SCRRA or his authorized representative and in accordance with the Plans, Specifications and Estimates, SCRRA's Minimum Requirements set forth in Exhibit B-5, D-2, E-1, E-2, E-3, and E-4 and other guidelines or standards furnished by SCRRA. e} CITY shall require its Contractor(s) to reasonably adhere to the construction schedule adopted for all Project work. Reasonable time must be allowed in the schedule for SCRRA to perform the Railroad Work for which it is responsible. However, regardless of the requirements of the construction schedule, SCRRA reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations or to protect persons or property on or near any SCRRA owned property. SCRRA will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any reallocation of labor forces by SCRRA pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by SCRRA. f) All construction work of the CITY shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing by SCRRA's Director of Engineering and Construction. No part of the Project shall be suspended, discontinued or unduly delayed without SCRRA's written consent, and subject to such reasonable conditions as SCRRA may specify. It is understood that SCRRA's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that 3 Tustin Ranch Road Overpass Agreement movement or stoppage of trains, engines or cars may cause delays in the work of the CITY. The CITY hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against SCRRA. g} SCRRA will have the right to stop construction work on the Project if any of the following events take place: i) CITY (or any of its Contractor(s)) performs the Project work in a manner contrary to the plans and specifications approved by SCRRA; ii) CITY (or any of its Contractor(s)), in SCRRA's opinion, prosecutes the Project work in a manner which is hazardous to SCRRA property, facilities or the safe and expeditious movement of railroad traffic; iii) the insurance required by the Agreement is canceled during the course of the Project or does not meet the minimum requirements specified herein; or iv) CITY fails to pay any non-disputed costs incurred by SCRRA as provided in the Agreement. h) The work stoppage may continue until all necessary actions are taken by CITY or its Contractor(s) to rectify the conditions to the satisfaction of SCRRA's Director of Engineering and Construction or until additional insurance has been delivered to and accepted by SCRRA, or the obligations are brought current. SECTION 3 - INJURY AND DAMAGE TO PROPERTY If the CITY, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the CITY is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of SCRRA or of any other person lawfully occupying or using the right-of-way of SCRRA, such property shall be replaced or repaired by the CITY at the CITY's own expense, or by SCRRA at the expense of the CITY, and to the satisfaction of SCRRA's Director of Engineering and Construction. SECTION 4 - PAYMENT FOR WORK BY SCRRA a) Except as otherwise provided, bills for work and materials shall be paid by the CITY within thirty (30) days of its receipt thereof. SCRRA will submit to the CITY current bills far all work performed by SCRRA and all flagging and other protective services and devices during progress of the Project (unless flagging is to be billed directly to the Contractor). SCRRA will submit final billing within one hundred and twenty (120) days after completion of the Project, provided the CITY advises SCRRA of the commencement of the 120-day period by giving SCRRA written notification of completion of the Project. b) SCRRA may contract for the performance of any of its work by other than SCRRA forces. SCRRA shall notify the CITY of the contract price within ninety (90) days after it is awarded. Unless SCRRA's work is to be performed on a fixed price basis, the CITY shall reimburse SCRRA for the amount of the contract. SECTION 5 - MAINTENANCE AND REPAIRS a) SCRRA Obligations -SCRRA will accept, own, and maintain, at its sole cost and expense, the following portions of the Project: a. The bridge bearings and bridge structure above the abutment seats or bearing areas; 4 Tustin Ranch Road Overpass Agreement b. the railroad roadbed, ballast, track and appurtenances; c. the railroad signal and communication facilities and appurtenances; d. the railroad maintenance roads on the railroad side of railroad access gates; e. the railroad drainage structures; f. and other facilities to which SCRRA accepts title. b) CITY Obligations. CITY will own and maintain, at its sole cost and expense, the following portions of the Project: a. The bridge abutments, backwalls, wingwalls, and connecting retaining walls; b. the roadway including the roadway approaches and curbs, gutters, sidewalks and appurtenances thereto; c. the underpass and approach lighting; d. the roadway drainage structures, storm drain laterals, and collecting storm drains; e. the access roadways and gates necessary to reach SCRRA right-of-way; the roadway signage and striping; f. the railings and appurtenances far protection or benefit of pedestrians; g. and all other work constructed by the Project excepting that for which SCRRA is responsible under this Agreement or pursuant to law or regulation. c) If the CITY elects to paint the bridge superstructure as part of the Project, the CITY shall keep the bridge girders and superstructure painted as part of its maintenance obligations. d) Clearance Signage. CITY must apply and maintain vertical clearance signs which consistently and accurately describe the minimum actual vertical clearance from the bottom of the Structure to the top of any pavement. e) Vermin and Graffiti. CITY shall keep the underside of the structure, those portions of the structure visible from the roadway, and surrounding areas clean and free from birds, pigeons, scavengers, vermin, creatures, and other animals. CITY shall keep the underside and all portions of the Project accessible from the roadway side of the Structure free of graffiti. SCRRA shall assume the same obligations for the top of the structure and other areas visible only from the tracks. f) The CITY shall trim, mow, prune, remove, or otherwise control all vegetation within the Crossing Area. SECTION 6 - SAFETY MEASURES: PROTECTION OF SCRRA OPERATIONS It is understood and recognized that safety and continuity of SCRRA's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents andlor incidents may be prevented and avoided, it is agreed with respect to all of said work of the CITY that the work will be performed in a safe manner and in conformity with the following standards: a) CITY and Contractor. All references in this Agreement to the CITY shall also include the Contractor(s), its subcontractors of any tier, and their respective officers, agents and employees, and others acting under its or their°authority; and all references in this Agreement to work of the CITY shall include work both within and outside of SCRRA's right-of-way. b) Compliance With Laws. The CITY shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The CITY shall use only such methods as are consistent with safety, both as concerns the 5 Tustin Ranch Road Qverpass Agreement CITY, the CITY's agents and employees, the officers, agents, employees and property of SCRRA and the public in general. The CITY (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts, labor laws, laws governing trade, travel and use of material, and similar laws or regulations. All Federal Railroad Administration regulations shall be followed when work is performed on SCRRA's premises. If any failure by the CITY to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against SCRRA, the CITY shall reimburse and indemnify SCRRA for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The CITY further agrees in the event of any such action, upon notice thereof being provided by SCRRA, to defend such action free of cost, charge, or expense to SCRRA. c) No Interference or Delavs. The CITY shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of SCRRA's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using SCRRA's right-of-way or facilities. d) Suuervision. The CITY, at its own expense, shall adequately superintendent and inspect all work to be performed by the CITY, and shall not inflict injury to persons or damage to property for the safety of whom or of which SCRRA may be responsible, or to property of SCRRA. The responsibility of the CITY for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by SCRRA's approval of plans and specifications, or by SCRRA's collaboration in performance of any work, or by the presence at the work site of SCRRA's representatives, or by compliance by the CITY with any requests or recommendations made by such representatives. If a representative of SCRRA is assigned to the Project, the CITY will give due consideration to suggestions and recommendations made by such representative for the safety and protection of SCRRA's property right-of-way and operations. e) Suspension of Work. If at any time the CITY's Engineers or the Director of Engineering and Construction of SCRRA or their respective representatives shall be of the opinion that any work of the CITY is being or is about to be done or prosecuted without due regard and precaution for safety and security, the CITY shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. f) Removal of Debris. The CITY shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any right-of-way or facilities of SCRRA; and any such material and debris shall be promptly removed from SCRRA's right-of-way by the CITY at the CITY's own expense or by SCRRA at the expense of the CITY. The CITY shall not cause, suffer or permit any water to be drained or pumped onto SCRRA's right-of-way during any dewatering from the Crossing Area without the prior permission of SCRRA Director of Engineering and Construction. g) Explosives. The CITY shall not discharge any explosives on or in the vicinity of SCRRA's right-of-way without the prior consent of the SCRRA Director of Engineering and Construction, which will not be given if, in the sole discretion of SCRRA's Director of Engineering and Construction, such discharge would be dangerous or would interfere with SCRRA's right-of-way, property or facilities. For the purposes hereof, the "vicinity of SCRRA's right-of-way" shall be deemed to be any place on SCRRA's right-of-way or in such close proximity to SCRRA's right-of-way that the discharge of explosives could cause injury to SCRRA's employees or other persons, or cause damage to or interference with the facilities or operations on SCRRA's right-of- way. SCRRA reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as SCRRA, in SCRRA's sole discretion, may deem to be necessary, desirable or appropriate. 6 Tustin Ranch Road Qverpass Agreement h) Excavation. The CITY shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of SCRRA. The CITY shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect SCRRA's tracks or facilities. The CITY, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and(or trenching performed by the CITY in connection with construction, maintenance or other work. Systems for the support of any excavation must conform to the requirements of SCRRA Excavation Support Guidelines. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by SCRRA's Director of Engineering and Construction to withstand all stresses likely to be encountered, including any stresses resulting from railroad surcharges or vibrations caused by SCRRA's operations in the vicinity. i) Falsework No falsework may be erected over the track or on SCRRA right-of-way except as approved by SCRRA. All falsework must conform to the requirements of the Caltrans Falsework Manual for trafFc openings and any additional provisions provided by SCRRA: j) Drainage. The CITY, at the CITY's own expense, shall provide and maintain suitable facilities for draining the Structure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon right-of-way of SCRRA. The CITY, at the CITY's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from SCRRA's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the CITY, be impeded, obstructed, diverted or caused to back up, overflow or damage the right-of-way or property of SCRRA or any part thereof, or the property of others. The CITY shall not obstruct or interfere with existing ditches or drainage facilities. k) Fiber Optic Cables. Fiber optic and other cable systems may be buried on SCRRA's right-of-way. 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. The CITY and its consultants and contractors shall telephone the Underground Service Alert of Southern California toll-free at (800) 227-2600 a minimum of 2 workings days before performing any excavation. 1) SCRRA Signal and Communication Facilities. SCRRA is not a member of Underground Service Alert of Southern California. The CITY, and its consultants and contractors, shall call SCRRA Signal Department at (909) 859-4100 to request marking of signal and communication cables or conduits or both a minimum of 72-hours prior to performing any excavation on SCRRA right-of-way. No work may proceed until you have been provided with an SCRRA dig number in addition to that provided by Underground Service Alert. In case of signal emergencies or grade crossing problems, the contractor shall call SCRRA's 24-hour signal emergency number at (888) 446-9721. SECTION 7 - INTERIM WARNING DEVICES If at anytime it is determined by the CPUC or FRA, by the CITY, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the CITY shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the Structure has been completed. 7 Tustin Ranch Road Overpass Agreement SECTION 8 - OTHER RAILROADS AND AGENCIES All protective and indemnifying provisions of this Agreement shall inure to the benefit of SCRRA and any other Operating Railroad company lawfully using SCRRA's right-of-way or facilities. On any certificate of insurance furnished pursuant to this Agreement, SCRRA must be named as the Certificate holder or the insured. The following must be named as an additional insured: Los Angeles County Metropolitan Trans. Authority. (MTA) Orange County Transportation Authority (OCTA) Riverside County Transportation Commission (RCTC) San Bernardino Associated Government (SANBAG) Ventura County Transportation Commission (VCTC) Burlington Northern Santa Fe Corp. (BNSF) National Railroad Passenger Corporation (Amtrak) SECTION 9 - REMEDIES FOR BREACH OR NONUSE a) If the CITY shall fail, refuse or neglect to perform and abide by the terms of this Agreement, SCRRA, in addition to any other rights and remedies, may perform any work which in the judgment of SCRRA is necessary to place the Structure and appurtenances in such condition as will not menace, endanger or interfere with SCRRA's facilities or operations or jeopardize SCRRA's employees; and the CITY will reimburse SCRRA for the expenses thereof. b) The CITY will surrender peaceable possession of the Crossing Area and Structure upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. END EXHIBIT A 8 EXHIBIT B-1 To Construction and 1~~Iaintenance Agreement for TUSTIN RANCH ROAD Description of Project _ . _- Clue (3aEewa} Plaza, F3cor { 2 Lcs ;~ngeias> ~ 9Ci01 2 r ~~ 3} h52.G2C~6 t;e?TrOtir~hiGBtGS.:::3F11 EXHIBIT B-1 Tustin Ranch Road Overpass Structure -Project Description As part of development of the Tustin Legacy project, the Ciry of Tustin is required to extend the Tustin Ranch Road from its current terminus at Walnut Avenue, onto the former Tustin Marine Corps Air Station past Edinger Avenue, to existing Warner Avenue (north). In order to cross the Santa Ana/Santa Fe Channel and the adjacent, parallel OCTA/SCRRA Railroad tracks, a grade separation and bridge will be constructed to span the Channel, Raihoad and Edinger Ave. Vehicle access from Tustin Ranch Road to Edinger Avenue will occur via an access ramp. The proposed bridge is 402 feet long and will be 4-span with Abutments l and 5 on existing embankments and three bents. The bridge will have a minimum vertical clearance of 24 feet above the railroad and 28 feet above the street grade. The proposed bridge will have avast-in- place pre-stressed box girder, and will be supported on driven concrete pile foundations. Tustin Ranch Road is designated as a Major Arterial on the County's Master Plan of Arterial highways and in the Circulation Element of the Tustin General Plan. The Tustin Ranch Road Extension project will bring the roadway into conformance with these plans and provide relief to other arterials such as Red Hill Avenue. As part of the Tustin Legacy project, the City of Tustin proposes to construct the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road which is on the former MCAS Tustin. This roadway extension wiIl better accommodate long-term local traffic from the build-out of the City of Tustin, including implementation of the MCAS, Tustin Reuse Plan. ~ ~ ~. Hoar i2 .. _. i,;¢, 9t30t2 ~_ ~..5t41ir: kf~.3trx8.CCYtI"i EXHIBIT B-2 To Construction and Maintenance Agreement for TUSTIN RAI~TCH ROAD Cover Sheet for the Railroad Location Print ~~~~~~ _ C)ae GaBewsy P!t~za, F#o~sP 72 Lai ~naeles, ~-A 9CC}7 2 T {:. ~, ... .e.r-n.~I ikir~Iha,COBlt EXHIBIT B-3 To Construction and Maintenance Agreement for TLTSTIN RANC~I ROAD Cover Sheet for the Project Plans ~~``" a ~i~er ' 2 - ' 2 r `. ~ kti~'!~ 36CDS.CG5i5~ August 31, 2011 III ^ ^ i CONSULTING Southern California Regional Rail Authority ATTN: Ms. Patricia Watkins 279 E. Arrow Highway, Suite A San Dimas, CA 91773 JN 10-107351 Subject: Tustin Ranch Road Grade Separation SCRRA File No. S0000711/Project No. 860501 Construction & Maintenance Agreement Exhibit B-3 Project Plans Dear Ms. Watkins: Per your request, RBF Consulting is providing a list of the structure plans for the Tustin Ranch Road Grade Separation. The plans are anticipated to be signed and approved by the City of Tustin at the October 4, 2011 City Council meeting. 1 General Plan 16 Girder Reinforcement 2 Index to Plans 17 Architectural Details 3 Deck Contours 18 Metal Rail Details 1 4 Foundation Plan 19 Metal Rail Details 2 5 Abutment 1 Layout 20 Metal Rail Details 3 6 Abutment 5 Layout 21 Metal Rail Details 4 7 Abutment Footing Layout 22 Utility Details 8 Abutment Details Na. 1 23 Min. Railroad Requirements for OH Structures 9 Abutment Details No. 2 24 Structure Approach Type N(30S} 10 Abutment Details No. 3 ~ 25 Structure Approach Drainage Details 11 Bent Layout 26 Slope Paving -Full Slope 12 Bent Details No. 1 27 Joint Seal Assembly (Max. Movement Rating = 4"} 13 Bent Details No. 2 28 Joint Armor -Expansion Detail 14 Bridge Typical Section 29 Log of Test Boring 15 Girder Layout Please call me at (949} 855-5711 if you have any technical questions. Sincer , u Fabio Escobar, Jr., P.E. Project Manager Land Development cc: Ken Nishikawa, City of Tustin PLANNING ® DESIGN ® CONSTRUCTION 14725 Alton Parkway, Irvine, CA 92618-2027 ^ P.O. Box 57057, Irvine, CA 92619-7057 ^ 949.472.3505 ^ Fax 949.330.4130 Offices located throughout California, Arizona & Nevada • www.RBF.com EXHIBIT B-4 To Construction and Maintenance Agreement far TUSTIN RANCI-I ROAD Cover Sheet far the Project Specifications .,-- iJna ~t~teway E~~za. F~:oor ' 2 ~e~s Ange!a~. Cad ~tJ012 ? i~ i 3) 452.G~t?U ~ret?afltiktCBtl3*x.Ct7M EXHIBIT B-4 ~' To Construction and 1~~Iaintenance A eem~nt for ~~ ~ ~~ .~ ,~ _._.. 4~ TUST~~T R.~~~TCH RO ~ t * ~ ~,t~+ ~h:AA'. A4 . Cover Shee~~for the Prod act. Specifications -, ,~^ '°: ~. ,~ .~a px =:., ,, ,. 4 Gr,oC ~ C? ~ ~~ ir'/ ~ ~-r~ Vit / .~ ~ ~,. /a1 y /i ., 7~ ~c~- Ana Getaway Plaza, Floor 12 Loa Artgelea, CA 90012 T (213) 452,0200 I ~.r~'~~ metmiinidraln~.eorn EXHIBIT B-5 To Construction and l~~Iaintenance Agreement for TUSTIN RANCID ROAD Cover Sheet for the SCRRA Approval of Project PSc~E _~-~- y ~~, r`~r i? ~ (S 1 , _~~3(} lt~lrnii~,nt'8l~i.~tfBYi SCRRA File No. 50000711 SCRRA Project No. 860501 Date, Month. Year Mr. Douglas S. Stack Director of Public Works and City Engineer CITY OF TUSTIN 300 Centennial Way Tustin, CA 92780 Reference: Tustin Ranch Road Grade Separated Overpass Agreement Approval of Plans, Specifications and Estimates Dear Mr. Stack: This letter serves as the Southern California Regional Rail Authority's ("SCRRA") final written approval of the Plans and Specifications covering the construction of the Tustin Ranch Road grade separated overpass structure based on the review, by SCRRA, of the final plans, specifications, and estimates (PS&E) that are to be issued for bid. This final written approval is given to the CITY OF TUSTIN pursuant to Article 3.7 of the Construction and Maintenance Agreement between SCRRA and the CITY OF TUSTIN dated [Insert Date of Signed C&M] If the Plans and Specifications are revised by the CITY OF TUSTIN subsequent to the date set forth above, this letter shall no longer serve as final written approval of the PS&E and the CITY OF TUSTIN must submit the proposed revisions to SCRRA for final. written approval. Sincerely yours, William Doran Director of Engineering & Construction By [Insert Name of Individual Signing Approval] [Insert Title of Individual Signing for Approval] ,a' ~- ~~~ ~.. __-- .. _ - `. '~,'. ~a, Fiocr # 2 cos t?s~~~t~s. ~:~, HOC}? 2 X13} ~,52,62{k7 °`, oti,iktr3tns.~cyt11 EXHIBIT B-6 To Construction and Maintenance Agreement For TUSTIN RANCH ROAD Cover Sheet for the List of Submittals Requiring SCRRA .Review EXHIBIT B - 6 ALL SUBMITTALS SHALL BE IN ACCORDANCE WITH TUSTIN RANCH ROAD SPECIFICATIONS (SECTION 13; COORDINATION WITH RAILROAD OPERATIONS) AND SCRRA GRADE SEPARATION GUIDELINES SECTION DESCRIPTION ARTICLE SECTION 13 CONSTRUCTION SCHEDULE 13-] .02 SECTION 13 WEEKLY LOOK-AHEAD SCHEDULE 13-1.02 SECTION 13 DOCUMENT CONTROL PLAN 13-1.03 SECTION 13 TESTII~G AND INSPECTION PLAN 13-1.03 SECTION 13 SITE SPECIFIC WORK PLANS 13-1.03 SECTION 13 REQUESTING WORK WINDOWS 13-4.0.5 SECTION 13 DEMOLITION AND REMOVAL PLANS 13-6.01 SECTION 13 EXCAVATION AND BACKFILL PLANS 13-6.02 SECTION 13 SHORING AND SUPPORT OF EXCAVATION PLANS 13-6.03 SECTION 13 SHORING AND SUPPORT OF EXCAVATIONS REMOVAL PLANS 13-6.03 SECTION 13 TRACK MONITORING PLAN 13-6.03 SECTION 13 DRILLING AND PILE DRIVING PLANS 13-6.04 SECTION 13 BORING AND JACKING PLANS 13-6.05 SECTION 13 BORING AND JACKING TRACK MONITORING PLAN 13-6.05 SECTION 13 TEMPORARY STRUCTURES PLAN5 13-6.06 SECTION 13 FALSEWORK DESIGN PLANS 13-6.06 SECTION 13 FALSEWORK ERECTION PLAN 13-6.06 SECTION 13 FALSEWORK REMOVAL PLAN 13-6.06 SECTION 13 HOISTING PLANS 13-6.07 SECTION 13 CLEARANCES 13-6.08 SECTION 13 TEMPORARY TRAFFIC CONTROL PLANS 13-6.09 EXHIBIT G1 To Construction and l~tlaintenance Agreement for TUSTIN RANCH ROAD Cover Sheet for the Easement or License for Crossing Area EXHIBIT "A" LEGAL DESCRIPTION TUSTIN RANCH ROAD OVERPASS In the City of Tustin, County of Orange, State of California, being those portions of Lot 59, Block 45 and Lot 70, Block 46 of Irvine's Subdivision as shown on a map filed in Book 1, Page 88 of Miscellaneous Record Maps, in the office of the County Recorder of said County, lying within the right of way for railroads and appurtenances as described in a deed recorded April 23, 1887 in Book 245, Page 223 of Deeds of Los Angeles County, lying 63.00 feet northwesterly and 73.00 feet southeasterly of the southwesterly prolongation of the centerline of Tustin Ranch Road, shown as Jamboree Road on Tract 8763, filed in Book 354, Pages 13 through 16, inclusive, of Miscellaneous Maps, Records of said Orange County. Containing an area of 13,796 square feet {0.317 acres), more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. t J Rory S. illi s L. . No 6654 Date: ~~'~~ LAND S~~GF ~ ~ j Rory S. Williams ~ No. 6654 ~...~fi C~AI.~/d~ Revised: November 18, 2010 July 10, 2006 WO No. 449-21X Page 1 of 1 H&A Legal No. 6735 By: R. Wheeler Checked By: R. Williams EXHIBIT G2 To Construction and Maintenance Agreement for TUSTIN RANCH ROAD Cover Sheet for the Plat of Easement or License EXHIBIT "B" Sketch to Accompany Preliminary Legal Description ~/r . .. .. ... ... ........ ... ~'ti .. OQ. o ~ ~~.~ ~ \ ~ ~ ~ ~~,~ o~ ~ ~ \ .~~ ~ q~. \ 1~ ~~ ~4y~ w ~~ ~ ~~ ~~ h \ o . . ao~~ ~ .... . .. .. ~,, ~O % 0 ~ a 4y~ pa' ~~. \ 6~ ti ~ c h°` o~ ~3' ~o~9ti PO OAS Oy T ~ / , ~~00'f"6/O~' p O ~O q O \~O `S O O J ~ AFC c°ti ~ti : ; ` ~~,. r . .. \ . 992 p ~~ ~4 l- \ O ~ ~~~, ~` " ~c~ ~~P°9os ~ ~6 O~ ~, ,,,1 ~ E ~,~ LF ~ 0,~ 0 ~ FF / O F ~ s HUNSAKER & ASSOCIATES ,, I R V I N E I N c TUSTIN RANCH ROAD OVERPASS PIANNtNG ^ ENGINEERING • SURVEYING Thee Hughes Irvine, fA 92618 Pit (949} 58170'10 FX: (949) 5830759 CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE: 07-06-06 onTe 11-18-10 e`Y~R. WFiEE~ER eY~d R. WILLIAMS SCALE: 1"- 80' W.O. 449-21X "`E' I:~Tustin~e ac Id\6735\SNT01 .dw H&A LEGAL No. 6735 SHEET' 1 OF 1 EXHIBIT D-1 To Construction and I~~Iaintenance Agreement for TUSTIN RANCH ROAD Cover Sheet for the CITY Scope of Work and Estimate '7111/20ll EXHIBIT D-1 ENGINEER'S ESTIMATE TUSTIN RANCH ROAD GRADE SEPARATION OVER EDINGER AVE AND SCRRA (BRIDGE NO. XX-XXXX) Item Item Unit of Estimated Unit Price (In Item Total (In Number Code Item Descri tian Measure Quantities Fi ures) Fi ures) I (F) 192003 STRUCTURE EXCAVATION (BRIDGE) CZ, 726 $80 00 $58,08Q00 2 (F) 192020 STRUCTURE EXCAVATION (TYPE D) Cy 1633 $240.00 $391,920.00 3 (F) 193003 STRUCTURE BACKFILL (BRIDGE) CY 1792 $70.00 $125,440.00 4 (P) 490751 FURNISH PILING (CLASS 200} LF 14718 $60.00 $883,080.00 S (S) 490752 DRIVE PILE (CLASS 200) EA 188 $2,000.00 $376,000.00 6 (S-P) 500001 PRESTRESSING CAST- IN-PLACE CONCRETE LS LUMP SUM LUMP SUM $205,000,00 STRUCTURAL 7 (F) 510051 CONCRETE, BRIDGE CY 464 $450.00 $208,800.00 FOOTING 8 (F) 510053 STRUCTURAL CONCRETE, BRIDGE Cy 3690 $750.00 $2,767,500.00 STRUCTURAL 9 (F} 510086 CONCRETE, APPROACH CY 230 $650.00 $149,500.00 SLAB (TYPE N) 10 (F} 5 L1035 ARCHITECTURAL TREATMENT SF 3976 $15.00 $59,640.00 ll (S-P) 519124 JOINT SEAL ASSEMBLY (MR=2 1l2") LF 215 $180.00 $38,700.00 12 (P-F-S) 520102 BAR REINFORCING STEEL (BRIDGE) LB 1130672 $0.80 $904,53'7,60 18" WELDED STEEL PIPE l3 (F} 7034508 CASING (BRIDGE) (3J8" FT 77 $200.00 $15,400.00 THICK) 12" WELDED STEEL PIPE 14 (F) 703450A CASING (BRIDGE) (3/8" FT 140 $150.00 $21,000.00 THICK} l5 (F) 721810 SLOPE PAVING (CONCRETE) CY 56 $650.00 $36,400,00 MINOR CONCRETE 16 (F) 731521A (SIDEWALK AND CY 117 $450.00 $52,650.00 MEDIAN) 17 (RF-S} 833000 METAL BRIDGE RAILING LF 893 $400.00 $357,200.00 18 {F) 833142 CONCRETE BARRIER (TYPE 26 MODIFIED) LF 447 $140 ~ $62.580.00 19 (F) $3727 CONCRETE BARRIER (TYPE 736 MODIFIED) LF 446 $120.00 $53,52Q00 20 (P-F-S) 869085A BRIDGE LIGHTING SYSTEM LS UMP LUMP SUM $30 000 00 S , . 21 999999 MOBILIZATION LS P LUMP SUM $755 40 216 SUM , . SUBTOTAL CONTRACT ITEMS $x,552,164 5% CONTINGENCIES $377'608 TOTAL $7,929 772 EXHIBIT D-2 To Construction and l~~Iaintenance Agreement for TUSTIN RANCH R(JAD Cover Sheet for the SCRRA Scope of Work and Estimate 3lI a~zal I EXHIBIT D-2 SCRRA SCOPE OF WORK AND COST ESTIMATE TUSTIN RANCH ROAD OVERPASS PROJECT NUMBER 860501 DESIGN CNIL DESIGN SIGNAL DESIGN SUPPORT -CIVIL DESIGN SUPPORT -SIGNAL MATLPROCUREMENT-TRACK MATZ PROCUREMENT- STRUCTURES MAT`LPRQCUREMENT-SIGNAL MAINT. SUPPORT-TRKISTRUCT MAINT. SUPPORT-SIGNAL CONSTRUCTION -CIVIL CONSTRUCTION-SIGNAL CONSTRUCTION MGMT FLAGGING-25 wk+25% PROJ. MGNT & ADMIN. SUPPORT OTHER PROF. SERVICES RR WORK ORDERS OTHER (PERMITS, FEES, ETC.} AGENCY SUBTOTAL PROJECT RESERVE l4% QUANTITY 4 LS $ - l LS $ - 1 LS $ 40,000.00 I LS $ 20,036.00 1 LS $ 4,60(}.00 0 LS $ - LS $ 58,870.00 4 LS $ - 4 LS $ - I LS $ 20,400.00 I LS $ 251,204.00 I LS $ 36,112.00 280 Shifts $ 1.,200.00 285 HR $ 170.00 a LS $ - a LS $ - a Ls $ - 4I6 HR $ 275.00 UNIT COST TOTAL Notes: I.CITY is to furnish all material for the consttuction of the structure. 2. CITY is to perform all construction for civil works. 3. This is an estimate only; SCRRA invoices will be for the actual costs from project inception less any previously received deposits and paid invoices. 4. Estimate also includes all previously incurred costs from. project inception. 5. Estimate based on one (I) year bridge construction. 6.Estimate is based on work required on similar projects. The estimate will be revised as additional infornlation is developed through cable location and similar activities. 7. Flagging estimate assumes that Contractor will complete work within or adjacent to the SCRRA right-of way within eight ($} months. 8. No track relocation is anticipated at this time. 9. Allowance has been made for signal and signal and communication cable relocation to support construction of the project . IO.Estimate is based an SCRRA involvement not extending beyond one (1) year. TOTALS $ $ 40,000.00 $ 20,036.00 $ 4,600.00 $ 58,870.00 $ 20,400.00 $ 251,204.Oo $ 36, ll 2.00 $ 336,000.00 $ 48,450.00 $ $ $ l 14,400.00 $ 930,072.00 $ 93,007.20 $ 1,423,479.20 $ 1,023,000.00 EXHIBIT E-1 Ta Construction and 1Vlaintenance Agreement for TUSTIN RANCH RQAD Cover Sheet far the SCRRA Bridge Design Requirements Exhibit E-1 Please refer to latest SCRRA Grade Separation Guidelines and Excavation Support Guidelines posted on Metralink's website using the following links: SCRRA Grade Separation Guidelines -May 2010 -_ i ,F . ~, SCRRA Excavation Support Guidelines -July 2009 ~; F ~ ~ ~ r !~ ,(;SJ EXHIBIT E-2 To Construction and Maintenance Agreement far TUSTIN RAI~TCI~ ROAD Cover Sheet for the Requirements of the Contractor SECTION 13 COORDINATION WITH RAILROAD OPERATIONS 13-1 GENERAL REQUIREMENTS 13-1.01 Description This Project includes construction work for the City of Tustin (CITY} within the right-of-way of the Southern California Regional Rail Authority (SCRRA}. This Section describes the required coordination with SCRRA when work by the Contractor will be performed upon, over, under, or adjacent to the SCRRA right-of--way, or when work may impact current or future SCRRA operations. The Contractor must coordinate with SCRRA while performing the work described in the Contract with the CITY, the Contract Drawings and Specifications, and the Contractor's approved working drawings and work plans. The Contractor shall. afford the same cooperation in working with SCRRA as it affords the CITY. All work. shall be completed in compliance with this Section, with the SCRRA rules, standards, guidelines and other requirements as issued from time to time by SCRRA. 13-1.02 General Requirements of the Contractor All railroad tracks within and adjacent to the Project site are to be assumed active and rail traffic over these tracks must be maintained throughout the Project, Rail traffic may include both through trains and switching moves to local customers. SCRRA and. other railroad traffic and operations can occur continuously throughout the day and night on these tracks and may not be interrupted except as approved by SCRRA and the other operating railroads using the tracks. The Contractor shall coordinate and schedule the work so that construction activities da not interfere with rail operations. The Contractor, and its sub-contractors of any tier (collectively referred to as the Contractor), must coordinate their work with SCRRA during construction of the Project when any of the fallowing conditions are present: A. Where work is performed on the right-of-way of SCRRA; B. When the work is ever or under or adjacent to the tracks of SCRRA; C. When excavations are performed within thirty (30} feet of the centerline of the nearest track; ar D. When the work has the potential to foul (obstruct} any track or reduce any clearance below the allowable minimum. The Contractor may not move, relocate, remove, obstruct, or otherwise interfere with any railroad tracks, signals, cables, signs, flags, or other railroad facilities, or any service or connection to any railroad facility. All work on SCRRA tracks, signals, communication equipment, and other railroad facilities must be performed by SCRRA. The Contractor`s ability to enter the SCRRA right-of-way is subject to the absolute right of SCRRA to cause the Contractor's work on the SCRRA right-of-way to cease if, in the sole opinion of SCRRA, the Contractor's activities create a hazard to the SCRRA right-of-way, or SCRRA employees, or SCRRA operations, or any combination thereof. SCRRA Form 6 -Temporary Right of Entry Agreement and this Section 13 are intended to be complimentary. The Contractor shall comply with all. requirements stipulated in Right-of-Entry Agreement, and shall maintain all insurance in full force during the time that its work. is performed on or adjacent to the SCRRA right-of-way. Furnishing Railroad Protective Insurance in the amounts listed in SCRRA Form 6 -Temporary Right-of-Entry Agreement is a requirement of working on or adjacent to the SCRRA right-of-way. The Contractor shall inform itself of the expected train movements over the tracks in the vicinity of the work prior to developing its plans for any portion of the work. The Contractor must plan, schedule and conduct all. work activities so as not to interfere with the movement of any trains. Work activities shall be confined to the times shown in Section 13-4, unless otherwise permitted by SCRRA. Work windows that provide for removing all tracks from. service for the benefit of the Contractor will not be granted unless identified in Section 13-4, and then only upon an advance notice of 75 calendar days prior to the date on which the work window is desired. The Contractor shall provide a detailed construction schedule to SCRRA for review and approval prior to commencement of work within or adjacent to the right-of-way. The schedule must be prepared in Primavera P3 or P6. The Contractor shall use activity codes to identify specific activities that involve work within or adjacent to the SCRRA right-of-way. Activities that involve working within reduced clearances must also be identified by a unique activity code. This schedule shall be updated for all critical events as necessary but not less than monthly so that site visits may be scheduled at the appropriate times. A copy of each schedule update shall be furnished to SCRRA. The Contractor shall also furnish SCRRA, at the beginning of each week, with alook-ahead schedule projecting the Contractor's activities for three weeks in advance of the week in which the look-ahead schedule is issued. The Contractor must notify the SCRRA Project Representative, not less than thirty (34} calendar days before commencing any work on SCRRA right-of-way. The Contractor's notification to SCRRA shall be in writing and must refer to SCRRA File 5000071.1. The SCRRA Project Representative for this project is: Patricia Watkins Assistant Director -Public Projects Southern California Regional Rail Authority 279 E. Arrow Highway, Suite A San Dimas, CA 91773 Email: watkinsp@scrra.net Phone Number 909-592-7937 FAX Number 909-394-3207 The Contractor shall perform no work on the SCRRA right-of-way until all its employees, including sub-contractors of any tier, have attended and passed the Safety Orientation Class described in SCRRA Form 6 -Temporary Right-of--Entry Agreement. The Contractor shall. adequately supervise all work performed by its employees and Subcontractors. Subcontractors of any tier, suppliers, owner-operators, and invitees of the Contractor are not recognized as such by SCRRA and are to be considered as employees of the Contractor for the purpose of carrying out the Contractor's obligations while working on, over, or adjacent to the SCRRA right-of-way. 13-1.43 Submittals Whenever work is performed within the vicinity of the SCRRA right-of-way, or when work may affect the operation or safety of trains, the method of performing the work shall first be submitted to the SCRRA Project Representative for approval Construction submittals requiring SCRRA approval, and Requests for Information (RFI} requiring a reply from SCRRA, must be forwarded to the CITY who in turn will forward to the SCRRA Project Representative. Unless waived by SCRRA, all submittals made to SCRRA must bear an approval stamp indicating the acceptance of the submittal by the CITY, and include a statement that the submittal conforms to the requirement and standards of SCRRA included with the Contract. Where required by SCRRA rules, standards, guidelines, and other requirements, the Contractor shall submit plans, calculations and other documents prepared under the direction of a Registered Professional Engineer licensed to practice in California. As soon as possible, but no later than fifteen (15) working days after a Notice to Proceed (NTP) with any portion of the work, the Contractor shall submit far SCRRA's review and approval, a document control plan that describes and illustrates the process (including roles, responsibilities, and contact information) by which the firms and individuals responsible for submitting, reviewing, and approving all submittals from the Contractor to the CITY, will manage the flaw of submittals and information. The document control plan must also include a master list of submittals. The Contractor shall also submit, not later than fifteen (15) working days after the NTP, a testing and inspection plan that identifies the tests and inspections required, the point during construction at which each test or inspection is to be performed, and the entity responsible for performing each test or inspection on both temporary and permanent work. The details of each construction activity affecting the operations, facilities, or right-of-way of SCRRA, or the operations or facilities of other entities using the right-of-way, must be described in a SITE SPECIFIC WORK PLAN (SSWP) prepared by the Contractor and submitted for review by SCRRA. Requirements for the SSWP are more generally described in Section 13- 4.Q5, Requesting Work Windows. Written approval must be obtained from SCRRA before such construction is undertaken. No work shall take place within the SCRRA right-of-way until both the document control and inspection. plan have been reviewed and approved by SCRRA. If a change occurs in the process, involvement of firm, or individuals named in the document control and inspection plan, the Contractor shall immediately revise the document control. and inspection plan and submit the changes for approval. SCRRA shall be allowed twenty (20) working days for review of all submittals. Upon written approval. by the CITY, the Contractor or Contractors may make the submittals directly to SCRRA Project Representative and the CITY simultaneously. However, SCRRA will not approve any submittal for which the approval of CITY is required until the CITY has first reviewed and approved the Contractor's submittal. The SCRRA's review and approval of the CITY's or the Contractor's Plans in no way relieves the CITY and Contractor from their responsibilities, obligations or liabilities under the Contract between the CITY and the Contractor, or SCRRA Form 6 -Temporary Right of Entry Agreement. SCRRA's review and approval will be given with the understanding that SCRRA makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the designs prepared by CITY or the Contractor, and that any reliance by the CITY or the Contractor with respect to such designs is at the risk of the CITY and the Contractor. 13-2 SCRRA RAILWAY PROTECTIVE SERVICES 13-2.01 SCRRA Employee-In-Charge (EIC) Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by the Contractor within or adjacent to the right-of-way of SCRRA must be in compliance with this specification and the requirements of SCRRA Form 6 -Temporary Right-of--Entry Agreement, and this Section 13. The SCRRA Employee-in-Charge (EIC) is responsible for on-track safety anytime that work is underway on or adjacent to the track. Services of an EIC will be provided by SCRRA using railroad personnel trained and qualified under the rules of the Federal Railroad Administration and qualified to work on the SCRRA Subdivision on which they will be providing services. All persons acting as an EIC will be furnished through SCRRA. Personnel of the Contractor may not provide an EIC or perform flagging or other protective services for railroad operations. No work may begin until the EIC is present at the work site and proper protection has been provided. Contractor personnel. may not perform the duties of an EIC. The EIC will provide job briefings and protection to assure the contractor a safe work environment and the safe passage of trains. The SCRRA EIC has the authority to temporarily or permanently halt work or to temporarily or permanently remove employees of the Contractor from the right-of--way in order to assure the work is conducted safely. The Contractors' employees must comply immediately with all instructions of the EIC involving work within or affecting the right-of-way of SCRRA. 13-2.02 Right to Challenge Sufficiency of On Track Safety The employees of the Contractor may, during the job briefing process, request clarification of the protection against trains being provided by the EIC. If an employee of the Contractor does not believe that the protection against trains is sufficient, the employee may at any time, in good faith, challenge the form. of protection established by the EIC and must remain clear of all tracks until the challenge is resolved. Federal regulations and SCRRA rules require that the EIC, Contractor Supervisor and the SCRRA Supervisor must resolve the challenge before work can begin. A Good Faith Challenge Farm must be completed by the parties involved. If the Contractor disagrees with. any instructions from the EIC, the contractor and contractor employees must immediately clear the tracks to a safe location. After employees are clear of tracks, the contractor may contact the EIC's supervisor to resolve any disagreement aver the instruction provided. 13-2.Q3 Work Requiring Protection of Track and Operations The Contractor must request and arrange for an EIC, inspector, or other protective services from SCRRA for the following conditions: A. When the Contractor's work activities are within the right-of-way of SCRRA. B. When the Contractor's work activities are located over or under a track or tracks. C. When cranes, pile drivers, drill. rigs, concrete pumps, or similar equipment positioned outside of the right-of-way could foul the track in the event of tip-over or other catastrophic occurrence. D. When in the opinion of the SCRRA it is necessary to safeguard the employees, trains, engines and facilities of SCRRA. E. When any excavation is performed below the elevation of the track sub-grade, or track or other railroad facilities may be subject to movement or settlement. F. When work in any way interferes with the safe operation of trains at timetable speeds. G. When any hazard is presented to railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. H. When clearing, grubbing, grading, or blasting is in proximity to the right-of-way which, in the opinion of SCRRA or representative of an SCRRA member agency, may endanger the right-of-way or operations. I. When street construction and maintenance activities, located within the right-of- way or in the vicinity of the highway-rail grade crossing, requiring temporary work area traffic control, which may affect or create unsafe conditions for employees, public, trains and vehicles. The services of an EIC are generally provided by one employee. However, additional personnel. may be required to protect the facilities and operations of SCRRA, if deemed necessary by the SCRRA Project Representative or other authorized SCRRA employee. Each time an EIC is called, the minimum period for billing will be an eight (8) hour basic day, Additional avertime will be charged for the setting and removal. of advance flags for work performed under Track Bulletins and Exclusive Track Occupancy rules. The estimated cost for one (1) EIC is $1,200 for an eight (8) hour basic day plus two hours of overtime (10 hours total). The estimated cost for each EIC includes vacation allowance, paid holidays, railroad and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, lodging, and supervision. However, the rate for an EIC in effect at the time of performance of the work by the Contractor hereunder will be used to calculate the actual costs of the services of an EIC pursuant to this paragraph. Billing will be on an actual cost basis. The Contractor shall call. the phone number provided with the executed copy of SCRRA Form 6 - Temporary Right-of Entry Agreement, a minimum of 1S working days in advance of the date that services of an SCRRA EIC will be required. An EIC will not be scheduled until the Contractor has executed the SCRRA Form 6 -Temporary Right of Entry Agreement, and the Contractor has attended the required safety training. 13-3 CONTRACTC-R SAFETY REQUIREMENTS 13-3.01 Contractor General Safety Requirements Safety takes precedence over deadlines, production schedules, and all other considerations. When uncertainty arises, take the safest course. Remember that accidents are often the result of carelessness, unsafe practices, lack of attention, and complacency. The fallowing rules must be followed. at all times: ~ Using, possessing, or working under the influence of alcohol or drugs is not permitted anywhere on railroad property. This includes prescription drugs that cause drowsiness or otherwise impair a person's ability to perform an assigned task. SCRRA may require employees of the Contractor to submit urine or other toxicological samples to be used for drug and alcohol. testing after an accident or incident occurring within the railroad right- of-way. Any employees, agents or invitees of Contractor ar its sub-contractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will. be removed from the SCRRA right-of-way and subsequently released to the custody of a representative of the Contractor's management. An employee removed for violation of the drug or alcohol policy will not be permitted future access to the right-of-way. • SCRRA may require employees of the Contractor to submit urine samples for drug and alcohol testing after an accident or incident. • The use or possession of unauthorized radio equipment is prohibited. The use of personal radios (including IPod, MP3 players, and similar devices j, and cell phone ear pieces while working is prohibited. • The use of cellular phones within 25-feet from. the nearest rail is prohibited. • Horseplay, physical altercations, running or jumping is prohibited. • Firearms or other deadly weapons, including knives are prohibited. • Work on public streets, roadway crossings, and highway bridges must conform to the California Vehicle Code and the standards given in the California Manual of Uniform Traffic Control Devices, and must be performed with due regard for the convenience and safety of the public. • Only authorized employees are allowed on engines, cars, cabooses, track cars or other railroad equipment. • Contractor employees must exercise care to prevent injury to themselves or others. • Employees must be alert and attentive at all times when performing their work. • Any defective tools, machinery and equipment are prohibited from use on SCRRA property and, if found, must be removed immediately. When on or near the tracks, the following precautions must be taken: • Keep clear of all tracks unless the SCRRA EIC has provided a job briefing and indentified the On-Track Safety protection in effect. No work may begin until the EIC is present at work site and a job briefing has been conducted • Always look bath ways before crossing tracks. Always step over the rails when crossing the tracks. Never walk, stand, or sit on the rails. The rail surface can be extremely slippery. • Always face the direction from which the train or on-track equipment is approaching. • Avoid track switches, The switch points are controlled from a remote location, can move unexpectedly, and exert enough force to crush ballast rock, Stand 150 feet from track switches when trains are approaching. Stay away from any other railroad device with which you are not familiar. • Always walk single file when crossing the tracks in a group. • Never stand between adjacent tracks in multiple track territory when a train is passing. • Always cross at least 2Q feet away from. the end of equipment: i.e. engines, railroad cars, or on-track equipment • Do not pass between standing locomotives, railroad cars or on-track equipment when there is less than 50 feet between the equipment. • Never cross tracks by going underneath, aver or through cars, engines or on-track equipment. • Work is not allowed within 50 feet of the track centerline while trains are passing the work site. Always stand as far back as possible to prevent injury from flying debris or loose rigging. • Always visually inspect all passing trains. If you detect a dangerous condition, inform your EIC ar watchman immediately. The EIC or watchman will notify the train crew. • Always stop equipment while a train is passing through your working limits, No movement will be allowed toward an approaching train that would cause the engineer to believe the track might be fouled. • Trains travel faster than they appear and are relatively quiet. Trains may operate with cab car forward. You should not rely on past experiences to determine train schedule. Train schedules are unpredictable and are subject to changes andlor delays. Always expect a train on any track at any time. Trains may stop, reverse direction, set out cars, or run around stopped trains without notice. Expect movement of locomotives, railroad cars or on-track equipment on any track in either direction at any time. 13-3.02 Personnel Protective Equipment All personnel working on, over, or under the SCRRA right-of-way must be equipped with personal protective equipment meeting applicable OSHA and ANSI specifications. Personal protective equipment must be appropriate for the task performed. Employees, subcontractors, suppliers, agents or invitees of Contractor shall possess the following minimum equipment while on the right-of way: A. Safety glasses with side shields conforming to ANSI 287.1 -Occupational and Educational. Personal Eye and Face Protection Devices; B. Protective Helmets (Hard Hats) conforming to ANSI 289.1 -Requirements for Protective Headwear for Industrial Workers, Type I or II, Class G or E; C. Safety shoes with hardened toes conforming to ANSI Z41. I -Personal Protection - Pratective Footwear. Shoes must lace above the ankle and have a defined heel; D. High visibility ORANGE (and only orange} retro-reflective work. wear. (Green and Red shirts, vests, or other outerwear are not permitted within the SCRRA right-of-way because of the use of the same colors far signals to trains). E. SCRRA railroad safety training card in possession. Hearing protection, face and eye shields, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. 13-3.03 Maintenance of Work Area The Contractor must not pile or place any materials, articles, or equipment, nor park any machinery or equipment within the SCRRA Right-of--Way, or closer than 25'-0" to the center line of the nearest track, or in a manner that blocks access to SCRRA facilities and equipment. Soil, aggregates, or other similar loose materials must be covered to prevent migration of the material toward the track. Dust or blowing soil or debris must be controlled in accordance with South Coast Air Quality Management District Rule No. 402 and Rule No. 403. Materials, machinery or equipment must not be stored or left within 2S0 feet of any highway railroad at-grade crossings, where storage of the same will interfere with the sight distances of motorists approaching the crossing. For construction on the SCRRA right-of-way the Contractor must establish a storage area with concurrence of the SCRRA prior to beginning work, or as part of a site specific work plan. Machines or vehicles must not be left unattended with the engine running. Parked machines and equipment must be turned off and must be in gear with brakes set. If equipped with blade, pan or bucket, the blade, pan or bucket must be lowered to the ground. All machinery and equipment permitted to be left unattended on SCRRA right-of-way must be left inoperable and secured against movement. Do not park vehicles over vegetation that might be ignited by the heat from the vehicle's exhaust system. The Contractor must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed aver water must meet all Federal, State and Local regulations. 13-3.04 General Precautions When Working Near Electrical Conductors All wires and cables must be considered to carry electric current at high voltage and to be dangerous unless informed to the contrary by proper authority. When using temporary power cords, cords must never be placed over the rails, and employees must not place any metal objects across the rails. For all power lines the minimum clearance between the lines and any part of the equipment or load must be: as shown below. 27'-0" Vertically above top of rail. for electric wires carrying less than 750 volts 28`-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. When the height of overhead wire lines cannot be determined from the available records, the actual height must be determined by field survey. All damage to the right-of-way, facilities, or property of SCRRA, or any accident or incident within SCRRA right-of-way, or any hazard noticed an passing trains must be reported immediately to the railroad EIC, if an EIC is present, or in the absence of a railroad EIC, to SCRRA`s Metrolink Operations Center (MOC) at (88$) 446-9716 or (909) 392-8740. Any vehicle or machine which comes in contact with the track, signal equipment, structure or other railroad installation or facility, regardless of the force of the impact, may result in the derailment of a train and must be reported immediately to the SCRRA Project Representative and to the SCRRA EIC, if an EIC is present, or in the absence of a railroad EIC, to SCRRA's MDC. 13-3A5 Safety Training and Communication All personnel working on, over, or adjacent to the SCRRA right-of-way must attend a railroad safety training class and pass an examination covering the information presented in the class, Persons not regularly employed on the project, or at the project site only intermittently, are not exempted from this requirement. Before beginning any task on the right-of-way of SCRRA, a thorough job safety briefing must be conducted with all personnel involved with the task. The briefing must include the Contractor's job hazard analysis, its plan for conducting the work, and the procedures the Contractor will use to prevent its employees, sub-contractors, suppliers, agents or invitees from moving any equipment adjacent to or across any SCRRA tracks without the appropriate protection for the Contractor and the railroad operations. Additional job safety briefings must be conducted anytime that the job tasks, or conditions affecting the job tasks, change or are revised. When Contractor employees are required to work on the SCRRA right-of-way after normal working hours or on weekends, the CITY and SCRRA Project Representatives must be notified. A minimum of two Contractor employees must be present at all times. If work is within or near the SCRRA right-of-way an SCRRA EIC will be required, and a representative of the CITY must also be present on the project site. The Contractor shall develop and provide an emergency action plan indicating the location of the site, contact names and phone numbers, directions for access to the site, instructions for emergency response, and location of the nearest hospitals. The plan must also cover the Contractor's means of preventing fires arising from the Contractor's operations, and the Contractor's methods of fire suppression. The plan must also include the local direct phone numbers and locations of the nearest fire and police departments. Phone numbers for utility and SCRRA emergency response must be obtained from the SCRRA Project Representative prior to the start of any work and must be posted at the job site. 13-3.46 Emergency Response and Accident Reporting Prior to starting work, the Contractor must provide the EIC with the emergency phone numbers for the project. At a minimum, phone numbers must be provided for paramedics, fire, police, utility response, SCRRA Project Representative, Contractor Superintendent, Metrolink t?peration Center (MdC), and the Metrolink Signal emergency number. A map and directions to the site must be immediately available for the use of the EIC. In emergency situations the following apply: A. When a person is injured, stop work and ensure everything possible is done for the injured person, Also take the following immediate action: Notify the fire, police, or paramedics as appropriate, and notify the Metrolink Operations Center, provide an individual or individuals to guide emergency response personnel to the site; make sure that all access ways are cleared for emergency vehicle access; and immediately report to the EIC any accidents, personal injuries, defects in tracks, bridges, signals utilities or communication facilities. or any unusual condition that may affect the safe operation of the railroad. B. If equipment was involved in the incident, it must not be moved until examined to ensure the equipment was in proper working condition, unless movement is necessary to prevent further injury or risk to persons or property. C. In case of personal injury, loss of life, or damage to property, the EIC must immediately document the names, addresses and occupation of all persons involved, including all persons at the scene regardless of whether these persons give a statement about the incident. This information should be included in the incident reports. The Contractor's cooperation with, and assistance to, the EIC is a requirement of accessing the SCRRA right-of-way. D. If an incident causes personal injury or death, all tools, machinery and other equipment involved, inchiding premises where such accident occurred must be promptly inspected by the EIC. Tools, equipment and machinery must be secured until the SCRRA EIC, Safety Officer, or other competent person has completed an inspection. A report of such inspection, stating the conditions found and names of persons making the inspection must he promptly forwarded to SCRRA and the supervising officer of person making the inspection. Information concerning incidents or personal injuries occurring to persons who are not employees, must not he given to anyone except authorized representatives of the SCRRA or an officer of the law, 13-4 TRACK OCCUPANCY AND WORD WINDOWS 13-4.01 Description of Location and Traffic There are two existing main tracks, MT #2, southerly track, and MT #l, northerly track, and a proposed future 3`d track northerly of the MT # I at the proposed Tustin Ranch Road overhead site. Just westerly of the proposed grade separation there are main track turnouts; Control Point (CP) Aliso, East Limit, and CP Aliso, West Limit. Train movements on all tracks are controlled by CTC (centralized traffic control) from the Metrolink C)perations Center in Pomona, California, Trains may move on any track, in any direction, at any time. Trains of SCRRA, Amtrak, and the BNSF Railway operate over the tracks traversing the Project site, The average train traffic on this route is 6 freight trains per 24-hour period at a timetable speed of 55 MPH and 60 passenger trains at a timetable speed of 90 MPH. Passenger trains include scheduled revenue trains as well as possible dead-head moves to Los Angeles or Oceanside. Passenger train traffic is generally between the hours of 4.00 AM and 12:00 Midnight. Freight trains are operated 24 hours a day, seven days a week. Additional freight and passenger trains may be operated as traffic warrants. 13-4.02 Coordination with Railway Traffic The Contractor's operations are subordinate to the operation of trains on the SCRRA right-of- way, whether passenger or freight. All work upon the SCRRA right-of-way shall be done at such times and in such a manner as to not interfere with or endanger the SCRRA Operations. SCRRA will strive to cooperate with the Contractor such that the work may be handled and performed in an efficient manner. However, the Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event its work is delayed by rail operations. All forecasts of train traffic and schedules are approximate. The public time table or schedule shall be used for planning purposes only and shall not be used for scheduling actual work in the vicinity of the railroad tracks in the absence of a railroad EIC. SCRRA, the BNSF Railway, and Amtrak may run additional trains as needed to perform their respective obligations. The operation of extra and special trains will be at sole discretion of SCRRA. The Contractor's work may he halted ar delayed whenever necessary to accommodate train service. Persons acting as an EIC are generally dispatched to projects in the order requested. An EIC may not be available at all times without advance notice. The Contractor is encouraged to schedule the services of an EIC or inspector a minimum of IS working days in advance of any planned operation to avoid delay. Any work to be performed by the Contractor, which requires services of an SCRRA EIC or inspector, shall be deferred until an EIC or inspector is available at the job site. 13-4.03 Conditional Work Windows and Track Access SCRRA will provide the fallowing Conditional Work Windows for this project as defined below. However, all work on, over, or adjacent to the tracks must be coordinated with SCRRA, and the Contractor's work is subject to the SCRRA operating rules for work on main tracks and other than main tracks. Most work on or near the SCRRA right-of--way must be performed at night between the hours of 9:00 PM and 4:00 AM. Conditional Work Window using Track Bulletin Form B ("Form B"~?~ A period of time in which passenger, freight, and all other trains and on-track equipment movements can be restricted from entering defined limits along a segment of track or tracks. A "Form B" does not allow the Contractor to remove tracks from service or modify the tracks, signals, bridges, stations or other railroad facilities in a manner which will delay or in any way affect the safe operation of the trains. The "Form B" permits the Contractor to perform work under the direction of an EIC that would otherwise foul the track. A railroad EIC is required at all times that the "Form B" is in effect. The Contractor must comply with all directions given by the EIC, and the EIC shall have exclusive control over the Contractor's construction activities on or in the vicinity of the track or insofar as the activities affect the facilities of SCRRA or railroad operations. At the direction of the EIC, upon approach of a train, and when trains are present on the tracks, the tracks must be cleared and work stopped. To clear tracks, no construction equipment, materials or personnel may remain within 2S feet of the centerline of the nearest track or as directed by the SCRRA EIC. Conditional Work Windows are available for the Project subject to SCRRA's local operating unit review and approval, however, construction activities utilizing cranes, pile drivers, drill rigs, concrete boom pumps or other swinging or boom operated equipment over the track or within 25-ft of the SCRRA right-of--way may not be performed under "Form B" except on approval of SCRRA. A "Form B" Conditional Work Window will typically be available only between the hours of 9:00 PM to 4:00 AM on weekdays, and at all times on Saturday and Sunday. Conditional Work Window Using Time Controlled Access ("Track and Time")• A specific period of time along a specific segment of CTC controlled track on which the Dispatcher (Control Qperatar} grants exclusive occupancy to a qualified employee of the SCRRA {normally the SCRRA EIC} acting as an Employee-in-Charge (EIC). An EIC granted Track and Time may occupy a track or tracks within the limits specified by the dispatcher only for the time period authorized. The limits of Track and Time are normally designated by Control Paints (CPs). Track and Time is not normally used to protect work or trains for extended periods of time unless there are no other means readily available for protection. One or more SCRRA EICs will be required depending on the type of work and the limits requested. Only the SCRRA EIC may obtain Track and Time. Employees of the Contractor may not obtain Track and Time. Track and Time will typically be issued in 30 minute increments, when available, during non peak periods between 4:00 AM and 10:00 PM. Track and Time will not be available during peak commuting periods, or when the scheduled time between passenger trains is 45 minutes or less. At the expiration of the allowed time, the tracks must be cleared (i.e., no construction equipment, materials, or personnel within 25 feet of the centerline of the nearest track or as directed by the SCRRA EIC). Track and Time Conditional Work Windows are available on controlled tracks, subject to the approval of the SCRRA dispatcher. Because Traek and Time uses the railroad signal system to limit access to work zones, the Contractor may have to clear tracks considerably sooner than under a "Form B" Work Window to ensure that trains may continue along a corridor at maximum authorized speed without delay. Track Out of Service Using Track Bulletin Form C ("Form C")• A period of time (the Work Window) during which train operations are suspended on one or more tracks. The Contractor's operations have priority over train movements on those tracks which have been removed from service during the Work Window. Trains and on-track equipment associated with the Contractor's construction and maintenance activities (if any) may still operate on the tracks on which service has been suspended subject to SCRRA rules and the control of the SCRRA EIC. A "Form C -Track Out of Service" Track Bulletin will be issued by SCRRA to suspend or modify the train service on the affected tracks. Within rail corridors with two or more tracks, train service may operate on any tracks not included in the Work Window, but subject to "Form B" restrictions. SCRRA may require the Contractor to reschedule its operations to allow multiple, but geographically separate, projects to perform work under the same Work Window. A "Form C" Work Window on one of the two main tracks will be available between the hours of 9:00 PM and 4:00 AM daily upon 15 days advance notice. A "Form C -Track Out of Service" Work Window on ALL tracks will only be available for the removal of the bridge falsework and. only then. if alternatives to full closure of all tracks are not available. The Work Window will be granted on all tracks on one single weekend between the hours below: 9:00 PM Friday to 4:00 AM Saturday 9:00 PM Saturday to 4:00 AM Sunday No other Work Windows across all tracks will be provided for this project, At the discretion of the EIC and the Dispatcher, Track and Time may be used in lieu of a Form C between 9:00 PM and 4:00 AM to effect a removal of a track from service for an extended period. Temporary shoring construction and removal; and pile driving operations for bents 3 and 4 shall be performed at night between 9:00 PM to 4:00 AM when the adjacent track is out-of-service. The Contractor may begin on a Friday or Saturday evening when the adjacent track may be removed from service and continue into Saturday or Sunday morning under Track Bulletin Form B protection between the hours of 9.00 PM and 8:00 AM. 13-4.05 Requesting Work Windows The Contractor shall make requests in writing to the SCRRA Project Representative for Conditional Work Windows not less than fifteen (15) working days in advance of the desired Conditional Work Windows. Seventy Five (75) days advance notice is required for requesting a Work Window on all tracks. The written request must include: A. Description of work to be performed; B. Description of tasks, equipment utilized, and sequence of work; C. The exact location of the work and proximity to the tracks; D. Drawing (to scale) illustrating the work, equipment locations, lay-down, and staging areas; E. Drawings illustrating Temporary Traffic Control in vicinity of tracks; F. Drawings showing truck routes, truck staging, and method of truck control; G. Description, including drawings and calculations where appropriate, of the method of securing and supporting temporary structures or permanent construction that will not stand without support; H. The type of railroad work window and amount of time requested; I. Schedule, by hour, for the days and hours that work will be performed; J. The designated contact person for the Contractor; 13-4.06 Extraordinary Work Should a condition arise from, or in connection with, the Contractor's work on the Project which requires immediate and extraordinary actions to be taken to protect operations and facilities of SCRRA, or facilities of others within the right-of--way, the Contractor shall undertake such actions. If, in the judgment of the SCRRA or the CITY, such actions are insufficient, SCRRA may require or provide such actions as deemed necessary. In any event, such actions shall be at the Contractor's expense and without cost to SCRRA. SCRRA or CITY shall have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of SCRRA or CITY, the Contractor's operations may interfere or endanger train operations. 13-5 PROTECTION OF SIGNALS, COMMUNICATION LINES, AND UTILITIES 13-5.01 Protection of Underground Facilities Signal, communication, fiber-optic, petroleum, natural gas, electric power and other utilities are present in the SCRRA right-of-way. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits, danger to train operations, and release of potentially hazardous or flammable compounds. The Contractor must take special precautions and care in connection with. excavating, shoring, and other subsurface construction to avoid damage to subsurface facilities. Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, ar cables, including fiber optic cable systems, are present and located within the Project work area by calling the Southern California Underground Service Alert, SCRRA is not a member of Underground Service Alert (DigAlert) and SCRRA signal and communication lines must be located by contacting the SCRRA Signal Department. All underground and overhead wires must be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. Individual owners of utilities may require that an inspector employed by the utility owner be present during any excavation near the utility. In addition to calling the Southern California Underground Service Alert (Dig Alert), the Contractor shall call the SCRRA's "Call Before You Dig" number at least 72 hours prior to commencing work at (909) 859-4100 during normal business hours. In case of emergencies involving SCRRA signal or communication facilities, the Contractor shall call {888) 446-9721. The signal and communication emergency phone line is staffed 24 hours a day, 7 days a week. If a telecommunications system is buried anywhere on or near SCRRA right-of-way, the Contractor will coordinate with SCRRA. and the telecommunication company to arrange for relocation or other protection of the system prior to beginning any work on or near SCRRA right-of-way. Notice must be given to the BNSF not less than 72 hours prior to work by calling the fallowing phone numbers to permit them to arrange for the location or protection of any lines under their control: • To Schedule BNSF (EIC) Flagging Services: Vernon Todd, BNSF Road master Cell #1: 909-965-2408 Cell #2: 909-758-3048 • BNSF signal department: (323) 307-5820 far marking signal and communication cables and conduits ~ BNSF's 24-hour signal emergency number: (800) 832-5452 It is the responsibility of the Contractor to make arrangements directly with utility companies involving the protection, encasement, reinforcement, relocation, replacement, removing or abandonment in place of non-railroad facilities affected by the Project. SCRRA has no obligation to supply additional SCRRA right-of-way for non-railroad facilities affected by this Project, nor does SCRRA have any obligation to permit non railroad facilities to be abandoned in place or relocated on SCRRA's right-of-way. Any facility or utility that crosses SCRRA right- of-way must be covered under an agreement or license obtained through SCRRA including, without limitation, any relocation of an existing facility or utility. SCRRA will, if required, rearrange its communications and signal lines, grade crossing warning devices, train signals, tracks and facilities that are in use and maintained by SCRRA forces in connection with its operation. This work by the SCRRA will be done by its own forces ar by contractors under a continuing contract and is not a part of the work under the Contract for the construction. of the Project. The Contractor must allow sufficient time in its schedule to permit SCRRA to issue the necessary task orders to its contractors to order material, and perform any necessary work. 13-6 CONSTRUCTIQN 13-6.01 Demolition and Removal Where structures over or adjacent to the tracks are to be demolished, the tracks must be protected from damage during the demolition, The Contractor may employ either of the following methods: A. During demolition of a bridge deck or overhead structure, a protection shield must be erected over the track to catch falling debris. The protection shield shall be supported from girders or beams and shall not be lower than the allowed temporary clearance from the top of rail. The deck must be removed by cutting into sections and lifting out. A11 cranes, hoists, winches, and hardware used in connection with the demolition are to include a factor of safety of 150%© in addition to the safe working load of the equipment or hardware. Large pieces of deck or other portions of the structure must be handled individually and must not be allowed to fall on protection shield or onto the ground. B. When an overhead protection shield cannot be installed due to limited clearance or type of superstructure, the track may be protected by timber mats placed over the track structure, subject to approval by SCRRA. Timber mats shall be made. in sections such that they may be lifted in and out as a unit quickly. Mats must not rest on ties or rails. Geofabric or canvas must be placed over the track structure to keep the ballast clean. The mats and ballast protection are to extend 2S-ft beyond the existing limits of the overhead bridge or structure. Equipment used in demolition operations may not be operated on or over unprotected track. Blasting will not be permitted to demolish a structure over or within railroad right-of-way. The Contractor shall submit detailed SSWP and plans of the protection shield or the timber mats to the SCRRA Project Representative for approval prior to the start of demolition. The plans shall also indicate the location and capacity of the proposed cranes and estimated lifting loads. The lifting plans shall be prepared by a Registered Professional Engineer and shall bear his seal and signature. The Contractor shall provide timely communication to the SCRRA Project Representative when scheduling the demolition-related work so that the representative or their designee may be present during the entire demolition procedure. At any time during demolition. activities, the SCRRA Project Representative may require revisions to the previously approved procedures to address weather, site conditions or other circumstances that may create a potential hazard to rail operations or SCRRA facilities. Such revisions may require immediate interruption or termination of ongoing activities until such time the issue is resolved to the satisfaction of the SCRRA Project Representative. SCRRA shall not be responsible for any additional costs or time claims necessitated by the above events. 13-6.02 Excavation and Backfill All excavations must be conducted in compliance with applicable law and regulations and, regardless of depth, must be shored when within the zone of influence from the railroad loading, or when necessary to protect strictures, facilities, or personnel. Shoring for excavations must comply with the SCRRA "Excavation Support Guidelines." Any excavations, holes or trenches on the SCRRA right-of-way must be covered, guarded and protected when work is not actively prosecuted. When leaving work. site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that SCRRA employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be backfilled as quickly as practicable. The Contractor shall submit a plan showing the limits of all excavations within the Right-of-Way of SCRRA, and the method of support when support is required. The Contractor shall not make any excavations on the SCRRA right-of-way, or within the zone of railroad load influence as defined in Figure 2-1 of the SCRRA "Excavation Support Guidelines", until the Contractor's excavation plan, and its plans and calculations for the support of the excavation are approved in writing by SCRRA. The Contractor must cease all work and notify SCRRA immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the utility owner immediately. The Contractor shall not perform any work if there is any doubt about the location of underground cables or lines of any kind until the exact location of the underground facilities has been determined. There will be no exceptions to these requirements. The Contractor shall. compact all backfill within the SCRRA Right-of-Way to a minimum of 90 percent of maximum standard density in accordance with AASHTO T-99 or ASTM D-698. Where it becomes necessary to excavate beyond the normal lines of excavation to remove boulders or other interfering objects, the voids remaining after such materials are removed must beback-filled with suitable material approved by SCRRA. The material obtained from the project excavation may be used as fill or backfill, provided that all organic material, rubbish, debris, large rocks, and other deleterious or objectionable materials are removed. Any excess material must be disposed of hauling off-site. The excess material must not be piled-up or scattered on the right-of--way. The Contractor shall perform excavation and grading so that the finished surfaces are in uniform planes with no abrupt breaks in surface and having positive drainage on the right-of-way away from the track structure, and to approved catchment areas. 13-6.03 Shoring and Support of Excavation Shoring, cribbing and sheeting designed to support excavations or embankments shall be designed to support all lateral forces caused by the earth, vehicular traffic, construction equipment, temporary and permanent structures, and other surcharge loads in the vicinity of the excavation. Support or shoring located on the SCRRA right-of-way, or within the zone of influence from railroad loading, shall conform to the SCRRA Excavation Support Guidelines. Designs for all temporary structures supporting tracks, or excavations adjacent to the tracks and within the zone of influence from railroad loading, shall include railway surcharge loading imposed by a Cooper E-801ive load. Any excavation adjacent to track must be covered and provide a uniform. path and include with standard handrails when work. is not actively underway. The Contractor shall submit a detailed SSWP drawings and supporting calculations for any temporary support of excavation for SCRRA review and approval. For the installation of temporary or permanent shoring systems, including soldier piles and lagging, or interlocked steel sheeting on or adjacent to SCRRA's right-of-way, lateral deflection of the shoring system plus top of rail monitoring is required. The frequency of monitoring must comply with the SCRRA "Excavation Support Guidelines." The monitoring program. must identify the survey locations, the distance between the location points, and frequency of monitoring before, during, and after construction. The Contractor must submit the monitoring program for the track, roadbed, and shoring for review and approval prior to starting work. The monitoring survey data must be collected at the approved frequency and immediately furnished to the SCRRA Project Representative for review. If SCRRA determines that any movement has occurred in the track or supporting structure, SCRRA will notify the Contractor and the Contractor shall immediately take all necessary steps to correct the movement or settlement. SCRRA, at its sole discretion, shall have the right to immediately require all contractor operations to be ceased, or to have the. excavated area immediately backfilled, or to perform additional investigations to determine what. corrective action is required, or any combination. thereof. SCRRA may modify the survey locations and monitoring frequency as it deems necessary during the project. Any corrective action required by SCRRA or performed by SCRRA, including the monitoring of corrective action of the Contractor, will be at the cost and expense of the Contractor. 13-6.04 Drilling and Pile Driving The Contractor must take special precaution and care, in connection with drilling or driving piles or sheets adjacent to tracks, to provide adequate lateral support for the tracks and the loads which they carry, without disturbance of track alignment and surface, and to avoid obstructing track clearances with working equipment, tools or other material. The Contractor shall submit detailed SSWP and plans of the Drilling and Pile Driving Operations to the SCRRA Project Representative for approval prior to the start of drilling and pile driving. Pile driving must be carried out so that it does not interfere or endanger train operations. An EIC must be present whenever pile driving or drilling is underway in the vicinity of the SCRRA track. Equipment must be positioned so that no part of machine swings over the track or infringes within 25-ft of the nearest rail without first obtaining permission from SCRRA and SCRRA has established an appropriate work window. Piles must be secured independently of the hammer or vibrator at all times while driving until sufficiently anchored in the soil such that the pile will stand without external support during the completion of the driving. Reinforcing steel cages or other internal structural supports in concrete structures must be designed to withstand all loads imposed in handling and setting. A crane must remain attached to the reinforcing steel cage until the reinforcing steel cage is guyed or braced to prevent movement unless it can be demonstrated that the cage or support will resist all loads which may be imposed without collapse or failing. Large diameter holes and shafts within the zone of influence from railroad loads must be cased to prevent caving and loss of support adjacent to the tracks. If caving occurs, the hole must immediately be filled until additional casing can be advanced in the hole before drilling is continued. 13-6.05 Boring and Jacking The face of all jacking and receiving pits shall be located outside of the SCRRA right-of-way, or a minimum of 25 feet from the center line of the nearest track, measured at right angle to the track, whichever is greater unless otherwise approved by SCRRA. The use of trench boxes may be permitted for jacking and receiving pits, however, trench. boxes, shields, and hydraulic shores are not acceptable inside the zone of influence from railroad loading. Design of the temporary supports for the jacking and receiving pits must conform to the requirements of the SCRRA "Excavation Support Guidelines." Boring and jacking of casings and other conduits must conform to the requirements of SCRRA Engineering Standard Plans ES SOOT and ES 5002. Far any conduit that is bored or jacked under the track, the Contractor must guarantee the work against settlement for two years after the completion of the work, and must furnish a performance bond against failure or settlement of the soil around the jacked pipe or casing in the amount shown in the following table: Casing Diameter Bond Amount Casing Diameter Bond Amount <12° $45,000 80" $315,000 24" $90,000 96" $360,000 36" $135,000 108" $405,000 48"' $180,000 120" $450,000 60" $225,000 132" $495,000 72" $270,000 1~4" $540,000 The Contractor shall submit detailed SSWP and plans for jacking and boring operations, including the design of temporary supports for the jacking and receiving pits, to the SCRRA Project Representative for approval prior to the start of any work. 13-6.06 Temporary Structures Formwork, falsework, guying, bracing, and other temporary structures must be designed to resist all imposed construction live and dead loads including wind and seismic loads. Railroad track, structures, equipment, or other railroad facilities may not be used to secure or brace temporary or permanent structures during construction. Designs for falsework above any tracks shall. conform to the SCRRA Grade Separation Guidelines and the Caltrans Falsework Manual. Falsework over or adjacent to railroad tracks shall meet the requirements in the Caltrans Falsework Manual for falsework over traffic (traffic openings). The additional provisions stipulated the "Guidelines for Design of Falsework for Structures Over Railroad ire Connection with Highway Grade Separation Cr~nstructiot2," issued by the Southern Pacific Lines (Falsework Memo No. 7} shall be included in all designs of falsework over SCRRA. tracks. Collision posts are required. The Contractor shall submit a detailed SSWP and procedure for erecting and removal of the falsework spans aver railroad tracks. Equipment used for the erection, or removal of structures aver railroad facilities, shall. have a minimum lifting capacity of one hundred-sixty seven percent (167%a) of the lift weight (operational capacity limited to sixty percent (60%) of the tipping load or the boom structural load). The procedure shall indicate the capacity of cranes, location of cranes with respect to the tracks and estimated lifting loads. The erection procedure must be prepared by a California Registered Professional Engineer and shall bear his or her seal and signature. The procedure must be approved by SCRRA. The Contractor shall furnish, to the SCRRA Project Representative, four sets of working drawings and a copies of the Contractor's plans for all temporary structures illustrating and describing the details of construction. affecting SCRRA Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, or other temporary structures. The Contractor shall also furnish two sets of structural calculations of any falsework, shoring or cribbing. A registered professional engineer licensed to practice in the State of California shall seal and sign all. drawings and calculations. The Contractor shall not begin work until SCRRA has reviewed and approved the plans. 13-6.07 Hoisting Operations The Contractor shall submit a detailed SSWP and procedure for any crane, mast, or boom operations, on, over, or adjacent to the SCRRA right-of-way to the SCRRA Project Representative for approval prior to the start of hoisting operations. The Contractor shall submit four (4) copies of the detailed procedure for erection of the proposed structures over or adjacent to SCRRA's tracks or right-of-way. This procedure shall include a plan showing the locations of cranes, horizontally and vertically, operating radii, with staging locations shown, including beam placement on ground or truck unloading staging plan. Plan should also include the location of all tracks, other railroad facilities; wires, poles, adjacent structures, or buried utilities that could be affected, showing that the proposed lifts are clear of these obstructions. No crane or equipment may be set on the SCRRA rails or track structure. The following additional information must be included in the submittal as applicable: A. All as-built bridge seats and top of rail elevations shall be furnished to SCRRA Project Representative far review and verification at least 30 days in advance of construction or erection, to ensure that minimum vertical clearances as approved in the plans will be achieved. Computations must be made for the weight of the materials, articles or equipment being lifted must be submitted. Computations shall be made from plans of the structural members being erected. and those plans or sections thereof shall also be included in the submittal; the weight shall include the weight of concrete or other materials including lifting rigging. B. Crane rating sheets showing cranes to be adequate for 167% of the actual weight of the pick. A complete set of crane charts, including crane, counterweight, maximum boom angle, and boom nomenclature is to be submitted. Safety factors that are included by the manufacturer in the crane charts are not to be considered when determining the 167°lc additional capacity. C. A data sheet shall be prepared listing the type, size and arrangements of slings, shackles, or other connecting equipment. Include copies of a catalog or information sheets for specialized equipment. All specific components proposed for use shall be clearly identified and highlighted in the submitted documents. The safe working load capacity of the connecting equipment shall be 167% above the calculated weight of the pick. D. A complete written procedure is to be included that describes the sequence of events, indicating the order of lifts and any repositioning or reconnecting of the crane or cranes. E. A time schedule for each of the various stages must be shown as well as a schedule for the entire lifting procedure. The proposed time frames for all critical sub tasks (e.g., performing aerial splices, installing temporary bracing, etc.} shall be furnished so that the potential. impact to SCRRA operations may be assessed and eliminated or minimized. F. The names and experience of the key Contractor personnel involved in the operation shall he included in the Contractor's means and methods submission. G. Design and supporting calculations prepared by the Professional Engineer for items including the temporary support of components or intermediate stages shall. be submitted for review. A guardrail or collision post will be required to be installed in a track where a temporary bent is located within fifteen (15) feet from the centerline of that track. H. The proposed erection procedure must be approved by the SCRRA Project Representative prior to undertaking work on the project. I. The Contractor shall provide timely communication to the SCRRA Project Representative when scheduling the erection-related work so that the SCRRA Project Representative may be present during the entire erection procedure. J. At any time during construction activities, the SCRRA Project Representative may require revisions to the previously approved procedures to address weather, site conditions or other circumstances that may create a potential hazard to rail operations or SCRRA facilities. Such revisions may require immediate interruption or termination of ongoing activities until such time the issue is resolved to the satisfaction of the SCRRA Project Representative. SCRRA shall not be responsible for any additional costs or time claims associated with such revisions. 13-6.08 Clearances The Contractor must not pile or store any materials, machinery or equipment closer than 25'-0" to the center line of the nearest SCRRA track, and only then with the permission of SCRRA. Materials, machinery or equipment must not be stored or left within 250 feet of any highway railroad at-grade crossings, where storage of the same will interfere with the sight distances of motorists approaching the crossing. Prior to the start of work, the Contractor must establish a storage area with concurrence of the SCRRA project representative. Unless shown. otherwise on the Contract Drawings and approved. by SCRRA, the Contractor shall abide by the following temporary clearances during construction. The Contractor shall not place farms, materials, spoils, or other temporary construction, including bracing or work platforms, within the clear area defined below unless approved in writing by SCRRA: 12' -0" Horizontally at right angles from. centerline of nearest track 22' -6" Vertically above the top of the highest rail At no time may the Contractor reduce the minimum clearances required by the California Public Utilities Commission (CPUC) General Order 26-D, or block or restrict the visibility of any signal or railroad warning device. Any infringement within the clearances established by General Order 26-D due to the Contractor's operations must be submitted to SCRRA and the operating railroads, and must not be undertaken until approved in writing by SCRRA, and until SCRRA has obtained any necessary authorization from the CPUC for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending approval by SCRRA, the operating railroads, or the CPUC as applicable. In the case of impaired vertical clearance above top of rail, SCRRA will have the option of installing tell-tales or other protective devices SCRRA deems necessary for protection of SCRRA operations. The cost often-tales or protective devices will be borne by the Contractor. Reduced temporary construction clearances, which are less than construction clearances defined above, will require special review and approval by SCRRA and, if less than the statutory minimum, the CPUC. Any proposed variance on the specified minimum clearances due to the Contractor's operations shall be submitted to the SCRRA Project Representative and the CITY at least thirty (30) working days in advance of the work. No work shall be undertaken until the variance is approved in writing by the SCRRA Project Representative. Parallel to the outer side of each exterior track of multiple operated tracks and on each side of single operated track, an unobstructed continuous space suitable for trainman's use in walking along trains, extending in width not less than twelve feet (12'} perpendicular from centerline of track, must be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during working hours must be covered, guarded and/or protected as soon as practicable. Walkways with railings shall be constructed by the Contractor over open excavation areas when in close proximity of track, and railings shall not be closer than 9' -0" perpendicular from the center line of tangent track or 10' - 0" horizontal from curved track. 13-6.p9 Temporary Vehicular Traffic Control The Contractor"s operations which control traffic across or around SCRRA facilities shall be coordinated with and approved by both SCRRA and CITY, and shall be in compliance with Section 21400 et seq. of the California Vehicle Code and the California Manual of Uniform Traffic Control Devices (California MUTCD). Traffic control in the vicinity of highway - railroad grade crossings shall conform to the Section 6G-I9 of the California MUTCD and SCRRA Standard Plan ES 4301. The Contractor shall perform no work. at, or in the vicinity of a highway-railroad grade crossing without the presence of a railroad EIC, notwithstanding that the work of the Contractor may not be physically located on the SCRRA Right-of--Way. SCRRA will not permit temporary at-grade crossings unless absolutely necessary and there is no practicable alternative route available to Contractor to access the Project site. Temporary crossings, if permitted, must conform to SCRRA Standard Plan ES 4302. All work at temporary crossings that lies between the rails and within 8.5 feet of the center line of the track on each side must be performed by SCRRA at the cost and expense of the Contractor. The Contractor must comply with all traffic control signs and other devices within SCRRA facilities, and must observe a maximum speed limit of 20 mph within the SCRRA Right-of-Way. Disregard for posted traffic control signs and devices, or excessive speed within the SCRRA Right-of-Way may lead to revocation of access for the offending individual. The Contractor shall submit detailed temporary traffic control plans to SCRRA Project Representative for approval prior to start of work. requiring traffic control. Contractor shall also obtain. approval of the temporary traffic control plan from the public agency having jurisdiction over the public streets within the work zone. 13-7 HAZARDOUS AND CONTAMINATED MATERIALS 13-7.01 Discharge Discharge, release or spill on the SCRRA right-of-way of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the SCRRA Project Representative of any discharge, release or spills in excess of a reportable quantity. The Contractor must not allow SCRRA Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Actor any state analogue. 13-7.02 Notification, Control and Disposal If the Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including any non-containerized commodity or material, on or adjacent to the SCRRA right-of-way, in or near any surface water, swamp, wetlands or waterways adjacent to the right-of-way, while performing any work on this Project, the Contractor must immediately: (a} notify the CITY's Resident Engineer and the SCRRA Project Representative, of such discovery; (b) take safeguards necessary to protect its employees, sub-contractors, agents and third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 13-8 INSPECTTON AND OBSERVATTON 13-8.01 Site Inspections by SCRRA Project Representative and Others In addition to the office reviews of construction submittals, site observations will be performed by SCRRA or its designee at significant points during construction as determined by SCRRA. Site visits to observe the progress of the work may be performed at any time throughout the construction process as deemed necessary by SCRRA. Federal or State representatives may also conduct inspections and tests to verify compliance with laws and regulations. SCRRA maintains an Efficiency Testing progr~un to verify the effectiveness of the Contractor's compliance with 49 CFR 21.4 -Railroad Workplace Safety regulations and SCRRA third party work rules. 13-8.02 SCRRA Efficiency Tests SCRRA representatives may make inspections and conduct tests to judge the effectiveness of the safety training, and compliance with SCRRA requirements. The Contractor shall cooperate with SCRRA, Federal, and State representatives at all times. Disregard for, or failure to comply with, the requirements of 49 CFR 214 -Railroad Workplace Safety regulations, or SCRRA third-party safety requirements may result in the removal of an offending individual from the SCRRA Right-of--Way. Egregious or repeated disregard for any safety rule or requirement may result in the termination of the Contractor's Right-of-Entry Agreement. 13-8.03 Scope of Inspections and Observations Inspections by SCRRA will be for compliance with SCRRA standards, guidelines, rules, and agreements, and will generally be limited to the work of the Contractor within or near the SCRRA right-of-way. Notwithstanding any inspection or site visit by SCRRA, responsibility for compliance with the Contract between the Contractor and the CITY, local codes and ordinances, SCRRA standards and guidelines, and for the inspection of temporary and permanent work and other work site inspections, resides with the CITY and the Contractor. SCRRA by its inspections and comments makes no representations and offers no warranty as to the completeness, accuracy, degree of conformance to codes, compliance with the Contract or local codes or ordinances. 13-9 CLEANING AND RESTORATION 13-9.01 Cleaning of Right-of--Way The Contractor shall, upon completion of the work, promptly remove all of the Contractor's tools, implements and other materials whether brought upon the right-of-way by the Contractor or any sub-contractor, employee, supplier, or agent of the Contractor. The Contractor shall also restore the right-of-way of SCRRA, and make arrangements with SCRRA to restore the tracks, wire lines, signals, and other facilities of SCRRA. The Contractor shall leave the premises in a clean and presentable state equal to or better than existed at the start of the project work. All areas must be graded to drain away from the tracks, all fences or other barriers that have been damaged during the work, or removed to facilitate the work, must be replaced with new fencing of an equivalent character. Where the project improvements intersect the natural Clow of the runoff, the contractor shall provide facilities for the proper collection, conveyance, and disposal of water reaching the interfering improvement. END EXHIBIT E - 2 EXHIBIT E-3 To Construction and 1~~Iaintenance Agreement for TUSTIN RANCH ROAD Cover Sheet for SCRRA Form ~ Right-of-Entry Agreement ~1`T~I~L_1N1<, ~M 5oirth~wn C„ai Ffnrni,i R,..., r-.,~ R;~.f Auti~cr kty TEMPORARY RIGHT-OF-ENTRY AGREEMENT SCRRA FORM NO.6 SCRRA File No. SCRRA Projecttl"ask No. Subdivision Mile Post Thomas Guide Location This Temporary Right-of-Entry Agreement ("Agreement") is between the Southern California Regional Rail Authority (hereinafter referred to as "SCRRA"} and __ (hereinafter referred to as "Contractor"). This Agreement is for entry upon, over and under SCRRA and Member Agency Right-of-Way ("Right-of-Way") at or near in the City of or in the Unincorporated County of (as such location is more specifically identified above) for the purpose of (as shown on attached drawings). Definitions A. Contractor is an individual, firm, partnership or corporation or combination thereof, private, municipal or public, including joint ventures, which are referred to throughout this document by singular number and masculine gender. For purposes of this agreement, Contractor also includes any subcontractor, supplier, agent or other individual entering the Right-of-Way during performance of work. B. Indemnitees are SCRRA, Member Agencies and Operating Railroad and their respective officers, commissioners, employees, agents, successors and assigns. C. Operating Railroad is/are that specific passenger or freight-related railroad company(s) validly operating on SCRRA and Member Agency track(s). Operating Railroads are any combination(s) of the SCRRA (METROLINK), the National Railroad Passenger Corporation (AMTRAK), the Union Pacific Railroad Company (UPRR) and the BNSF Railway Company. 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 afive-county joint powers authority, created pursuant to State of California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build and operate the "Metrolink" commuter train system in the five-county area on rail rights-of-ways owned by the Member Agencies. The five-county Member Agencies ("Member Agency") are comprised of the following: Los Angeles County Metropolitan SCRRA FORM NO. 6 Page 1 of 14 Rev: 04!26!11 .3 r~uf harr~a 6~:niiforni:a ate: r-., Reid Authority Transportation Authority (MTA), Ventura County Transportation Commission (VCTC), Orange County Transportation Authority (OCTA), San Bernardino Associated Governments (SANBAG), and Riverside County Transportation Commission (RCTC). F. SCRRA Employee-In-Charge (EIC) is a Southern California Regional Rail Authority employee or contractor (SCRRA General Code of Operating Rules and Territory Qualified} providing warning to Public Agency or Contractor personnel of approaching trains or on track equipment and who has the authority to halt work and to remove personnel from the Right-of-Way to assure safe work. G. SCRRA Safety Trainer is a qualified SCRRA employee or contracted employee (SCRRA General Code of Operating Rules qualified) as authorized by the SCRRA Director of Engineering and Construction to provide Contractor training. 2. References When working on the Right-of-Way, the Contractor must comply with the rules and regulations contained in the current editions of the following documents which are "references" incorporated in this document as if they were set out in full in this paragraph. The Contractor, by its signature on this Agreement, acknowledges receipt of these documents and agrees to abide by said rules and regulations at all times when on the Right-of-Way. A. Rules and Requirements for Construction on Railway Property, SCRRA Form No. 37. B. General Safety Regulations for Third Party Construction and Utility Workers on SCRRA Property. 3. Entry ©nto Right-of-Wav No verbal approvals will be granted. The Contractor shall not enter onto the Right-of-Way unless Contractor has arranged for SCRRA safety training as well as protective services (EIC and/or other protective services to be determined by SCRRA) and has paid all charges and fees. A fully executed copy this Form 6 must be in the possession of the contractor at the job site and must be produced by Contractor upon request by SCRRA, a law enforcement officer or Member Agency's representative. If said Agreement is not produced, SCRRA has the right to suspend work in the Right-of-Way until Contractor demonstrates possession of Agreement at the job site. 4. Termination of Agreement SCRRA or Member Agency reserves the right to terminate or revoke this temporary Agreement at any time upon two hours notice; however, in the event of an unsafe condition on the Right-of-Way, SCRRA shall have the right to terminate this Agreement immediately, without any advanced notice. Unless subsequently modified, extended, terminated or revoked by SCRRA, this temporary Agreement shall extend until the work authorized hereunder is completed or accepted by SCRRA. In any event, however, the Agreement shall be automatically terminated if or when the insurance that the Contractor is required to maintain hereunder lapses or expires. The Contractor agrees to return the Property to a condition substantially the same as before construction, including replacement, repair, or reinstallation of railroad signs and property. Railroad signs include but are not limited to "No Trespassing", "Speed Limit", "Milepost", "Whistle", "Station Stop" and "Fiber Optics". The Contractor agrees SCRRA FORM NO. 6 Page 2 of 14 Rev: 04!26111 METi2®L_..1N~~G Srttf l~~x es Ca.itorr*ia E2~-.tinriril P?ad Aerth cr Ky to notify SCRRA, in writing and orally, when use of the Right-of-Way or work is completed (see Section 18 of this Agreement for SCRRA contact). Under no circumstances shall the temporary right of entry provided for under this Agreement be construed as granting to the Contractor or its Subcontractors and agents any right, title or interest of any kind or character in, on or about any Property. At the request of SCRRA or Member Agency, Contractor shall remove from the Right-of-Way any employee or other individual who has not completed safety training or otherwise fails to conform to the instructions of SCRRA's or Member Agency's representative in connection with work on the Right-of--Way. Any right of Contractor to enter upon the Right-of-Way shall be suspended until such request of SCRRA or Member Agency is met. Contractors shall defend, indemnify and hold harmless SCRRA and Member Agency against any claim arising from the removal of any such employee or other individual from the Right-of-Way. 5. Indemnification Contractor, on behalf of itself and its employees, subcontractors, agents, successors and assigns; agrees to indemnify, defend, by counsel satisfactory to SCRRA and Member Agency, and hold harmless "Indemnitees", and each of them to the maximum extent allowed by law, from and against all loss, liability, claims, demands, suits, liens, claims of lien, damages (including incidental consequential damages), costs and expenses (including, without limitation, any fines, penalties, judgments, actual litigation expenses and experts' and actual attorneys' fees), that are incurred by or asserted against Indemnitees arising out of or connected in any manner with (i) the acts or omissions of the Contractor or its officers, directors, affiliates, subcontractors or agents or anyone directly or indirectly employed by them or for whose acts the foregoing persons are liable (collectively, "Personnel") in connection with or arising from the presence upon or performance of activities by the Contractor or its Personnel with respect to the Right-of-Way, (ii) bodily and/or personal injury or death of any person (including without limitation employees of Indemnitees) or damage to or loss of use of Property resulting from such acts or omissions of the Contractor or its Personnel or (iii) non- performance or breach by Contractor or its Personnel of any term or condition of this Agreement, in each case whether occurring during the term of this Agreement or thereafter. The foregoing indemnity shall be effective regardless of any negligence (whether active, passive, derivative, joint, concun•ing or comparative) on the part of Indemnitees, unless caused by the sole negligence or willful misconduct of Indemnitees, and is in addition to any other rights or remedies, which Indemnitees may have under the law or under this Agreement. Claims against the Indemnitees by the Contractor or its Personnel shall not limit the Contractor's indemnification obligations hereunder in any way, whether or not such claims against Indemnitees may result in any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or its Personnel under workers' compensation acts, disability benefit acts or other employee benefit acts or insurance. The provisions of this section shall survive the termination or expiration of this Agreement 6. Assumption of Liability To the maximum extent allowed by law, the Contractor releases Indemnitees from and assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, the Property and/or Right-of-Way and any other property of or SCRRA FORM NO. 6 Page 3 of 14 Rev: 04!26!11 M E Tt° t~ L.. t hJ 1< -, _;uu~h=>rfi C~alifnrr-,L, p2, io~_.. 33ad AuthonrY under the control or custody of, the Contractor or its personnel in connection with any acts undertaken under or in connection with this Agreement. The Contractor's assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvements (including easement, lease or license agreements for other existing improvements and utilities) on the Right-of-Way, accident or fire or other casualty on the Right- of-Way or electrical discharge, noise or vibration resulting from SCRRA, Member Agency and Operating Railroad transit operations on or near the Right-of-Way and any other persons or companies employed, retained or engaged by SCRRA or Member Agency. The Contractor, on behalf of itself and its Personnel (as defined in Section 5, "Indemnification") as a material part of the consideration for this Agreement, hereby waives all claims and demands against the Indemnitees for any such loss, damage or injury of the Contractor and/or its Personnel. The Contractor waives the benefit of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The provisions of this Section shall survive the termination or expiration of this Agreement. 7. Insurance The Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect during the term of this Agreement insurance as required by SCRRA or Member Agency in the amounts, coverage, and terms and conditions specified, and issued by insurance companies as described on Exhibit "A". SCRRA or Member Agency reserve the right, throughout the term of this Agreement, to review and change the amount and type of insurance coverage it requires in connection with this Agreement. Prior to entering-the Right-of--Way or performing any work or maintenance on the Right-of-Way, the Contractor shall fumish SCRRA with insurance endorsements or certificates in the form of Exhibit "B", evidencing the existence, amounts and coverage of the insurance and signed by a person authorized by the insurer to bind coverage on its behalf. In most instances, SCRRA and Member Agency do not allow self- insurance; however, if the Contractor can demonstrate assets and retention funds meeting SCRRA and Member Agency self-insurance requirements, SCRRA and Member Agency may in SCRRA's sole and absolute discretion permit the Contractor to self-insure. The right to self- insure with respect to any coverage required hereunder may be granted or revoked at the sole and absolute discretion of SCRRA or any Member Agency. SCRRA or Member Agency shall not be liable for the payment of any premiums or assessments for insurance required to be maintained by the Contractor under this Agreement. Contractor affirms that all subcontractors covered by this Agreement are insured to the same limits required of the Contractor or included in Contractor's policy. Prior to the expiration of any policy, the Contractor shall furnish SCRRA with certificates of renewal or "binders"' thereof. Each certificate shall expressly state that such policies shall not be cancelable or otherwise subject to modification except after thirty (30) days prior written notice to SCRRA and Member Agency. No Assignment The Contractor shall not assign this Agreement or any right hereunder without SCRRA's and Member Agency's prior written consent. Compliance by Contractor SCRRA FORM NO. 6 Page 4 of 14 Rev: 04/26(11 I~I~~~~l~~~~~~ .~rsu8lzerea 4::zil it orro ~,. 62ec~ie>r. ~: i3.. ji A,~thar~sy The Contractor shall take all steps necessary to assure that its subcontractors comply with the terms and conditions of this Agreement and applicable laws and regulations. The Contractor shall assure that no lien is placed against the Right-of-Way arising from performance of work hereunder by Contractor or any subcontractor, and in the event of such a lien, Contractor shall immediately remove or cause to be removed such lien. 10. 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-of-Way. The Contractor shall notify Ms. Georjan Peters of J. L. Patterson & Assoc. (SCRRA's contractor for safety and flagging services) at 1-877-452-0205 to arrange for third party safety training. Allow 24 to 72 hours from the request for safety training to arrange the training. Upon completion of safety training, the Contractor shall notify Mr. Kent Ewing, J.L. Patterson, at (714) 920-9037 a minimum of fifteen (15) 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 full extent of Paragraph 5 above (Indemnification), Contractor agrees to indemnify SCRRA against any and all claims resulting from sickness or any other absence. 11. SCRRA Safety and Protective Services The Contractor must request and arrange for on track safety protection satisfactory to SCRRA in the following circumstances: A. When the Contractor's work activities are within the right-of--way of SCRRA. B. When the Contractor's work activities are located over or under a track or tracks. C. When cranes, pile drivers, drill rigs, concrete pumps, or similar equipment positioned outside of the right-of-way could foul the track in the event of tip-over or other catastrophic occurrence. D. When in the opinion of the SCRRA it is necessary to safeguard the employees, trains, engines and facilities of SCRRA. E. When any excavation is performed below the elevation of the track sub-grade, or track or other railroad facilities may be subject to movement or settlement. F. When work in any way interferes with the safe operation of trains at timetable speeds. G. When any hazard is presented to railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. H. When clearing, grubbing, grading, or blasting is in proximity to the right-of--way which, in the opinion of SCRRA or representative of an SCRRA Member Agency, may endanger the right-of-way or operations. I. When street construction and maintenance activities, located within the right-of-way or in the vicinity of the highway-rail grade crossing, requiring temporary work area traffic control, which may affect or create unsafe conditions for employees, public, trains and SCRRA FORM NO. 6 Page 5 of 14 Rev: 04!26!11 M ~ T1~ C3 >L..1 N ~'~: ..,rn~tharrn C7eoiifr rrzia F~et~. v.. ,', Rad Auti~ariay vehicles. The Contractor, and his subcontractors, shall complete SCRRA's Safety Orientation Class, as instructed in Item 10. Upon completion individuals will received a safety sticker which shall be adhered to their hardhat while working on railroad Right-of-Way as proof of completion of safety training. 12. Reimbursement of Casts and Expenditures The Contractor agrees to reimburse SCRRA or Member Agency for all cost and expense incurred by SCRRA or Member Agency in connection with said work, including without limitation the expense of engineering plan review, staff costs to process approvals and agreements, safety training, furnishing an SCRRA Railroad Employee and protective services as SCRRA deems necessary. Contractor agrees to reimburse SCRRA for all construction related services including but not limited to installation and removal of falsework beneath tracks, restoration of railroad roadbed and tracks, installation of appropriate protective devices, temporary and permanent repairs of signal or communication equipment, restoration of the Right-of--Way to a condition satisfactory to SCRRA's and Member Agency's representative. The Contractor agrees to reimburse SCRRA or Member Agency actual cost and expense reasonably incurred for all services and work performed in connection with said work, including 5CRRA's allocated overhead and fringe benefits. SCRRA will charge the Contractor four hours minimum for the mandatory safety training class and for other services four hours or less in duration. SCRRA will charge the Contractor for eight hours minimum if the Contractor cancels SCRRA services after SCRRA Railroad Employee or SCRRA Safety Training OfFicer is on site 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 dollars ($) representing the estimated expense to be incurred by SCRRA and Member Agency in connection with said work. As the work progresses, SCRRA may require additional progress payments as the scope of work changes or becomes clearer. SCRRA may discontinue services to Contractor pending receipt of progress payments. The deposit and progress payments shall be applied to SCRRA's and Member Agency's actual costs and expenditures. The Contractor shall be responsible to pay any amount exceeding the above payments upon receipt of notice or invoice by SCRRA. SCRRA shall exercise its best efforts to provide final invoicing to Contractor within 90 days following completion of the work; however, Contractor acknowledges that it shall be responsible for payment of all expenses incurred by SCRRA and Member Agency in connection with the work even if the final invoicing is provided to Contractor thereafter. Upon satisfactory completion of all work, any payments in excess of SCRRA's and Member Agency's costs and expenditures shall be returned to the Contractor within reasonable time. If there is no amount indicated in the blank space provided above for the deposit to be made by the Contractor, and if prior SCRRA written approval is obtained, in lieu of such deposit, SCRRA FORM NO. 6 Page 6 of 14 Rev: 04!26!11 1`'~1t ~ T 1~ Q t_.. I h~ 1'C ... e>uthsrr2 C`xlei e~rr'ai~ KPe.:. rr~rx! Red AutlYtxrity Contractor shall cause surety bond to be executed by a reliable surety acceptable to SCRRA and Member Agency, conditioned upon the faithful performance of the provisions of this Agreement. 13. Temporary Traffic Control Temporary traffic control shall be used when a maintenance or construction activity is located on the Right-of-Way or when the activity is located in the vicinity of a highway-rail grade crossing, which could result in queuing of vehicles across the railroad tracks. Temporary traffic control will comply with the current editions of the CA MUTCD, WATCH and SCRRA Engineering Standard ES4301. Refer to SCRRA's "Temporary Traffic Control Guidelines" for further information on definitions, referenced standards, traffic control plans, submittals, traffic control elements and responsibility/authority for temporary traffic control at highway-rail grade crossings. The guidelines provide acceptable alternatives and procedures, which prescribe appropriate temporary traffic control measures at highway-rail grade crossings and are available on the SCRRA website. (http://www.metrolinktrains.com). 14. Environmental Health and Safety Plan Contractor shall immediately notify SCRRA and the appropriate regulatory agency (ies) of any spill, release, discharge or discovery of any hazardous material or contaminants in, on or under the Property. After providing such notice to SCRRA and the appropriate regulatory agency {ies), any contaminated soils or hazardous materials which are spilled, released, discharged or discovered by the Contractor, shall be promptly removed and disposed of by Contractor in accordance with all the applicable laws at Contractor's sole cost and expense. To the extent preexisting contamination or hazardous material, which was not caused or contributed to by Contractor, is discovered or unearthed by Contractor, Contractor shall only be obligated by this provision to removing and disposing of that portion of the contaminated soils or hazardous materials that are unearthed or otherwise disturbed during Contractor's operations. Prior to entry onto the Property, Contractor (s) performing trenching, excavations or soil borings may be required by SCRRA to submit a "Hazardous Materials Work Plan." If required, said plan shall include Contractor's site-specific health and safety plan and any other information that SCRRA may require. Contractor shall ensure that all documentation for transportation or disposal of contaminated soils of hazardous materials is prepared in the Contractor's name only and that neither SCRRA nor Member Agency shall have any responsibility or liability therefor. Contractor shall defend and indemnify SCRRA for any spill, release or discharge of contaminants or hazardous materials by Contractor in connection with activities hereunder in accordance with Section 5 Indemnification {Page 2 of 14) 15. Warranty for Plan Review Review and or approval of the plans and calculations by SCRRA shall not relieve the Contractor of responsibility for full compliance with contract requirements, con-ectness of design drawings and details, proper fabrication and construction techniques and coordination with other government and private permitting agencies, nor shall such review or approval by SCRRA in any way relieve Contractor from, or otherwise modify, Contractors' indemnit}r obligations (Section 5) or assumption of liability obligations (Section 6). Execution of this right of entry does not imply design warranty or responsible charge on the part of SCRRA engineering employees. The parties expressly agree that SCRRA makes no warranty of any kind and assumes no responsibility therefore. SCRRA FORM NO. 6 Page 7 of 14 Rev: Q4l2fil11 h/I E Tt~ O 1_ I N ~< .., i,~ith<srn C:.3irfo~'r3in Ro~.a~ >r ~..: F~.~~t Auv}-,~rrzy 16. Miscellaneous Wherever the context of this document so requires, words used in the masculine gender shall include the feminine and neuter genders; words used in the neuter gender shall include the masculine and feminine genders; words in the singular shall include the plural; and words in the plural shall include the singular. 17. Emergencv Telephone Numbers The Contractor must immediately contact SCRRA in case of accidents, personal injury, defect in track, bridge or signals or any unusual condition that may affect the safe operation of the railroads. The following are SCRRA's emergency numbers: Signal Emergencies and Grade Crossing Problems {888) 446-9721 Metrolink Chief Dispatcher (909} 593-0661 or (888) 446-9715 Metrolink Sheriff's Dispatcher (323) 563-5280 or {323) 563-5000 Signal and Communications Cable l.ocatian (909) 859-4100 or (909) 859-4112 18. Notices Except as otherwise provided in this agreement, all notices, statements, demands, approvals or other communications to be given under or pursuant to this agreement will be in writing, addressed to the parties at their respective addresses as provided below and will be delivered in person or by certified or registered mail, postage paid or by telegraph or cable, charges pre- paid. SCRRA: Assistant Director, Standards and Design Southern California Regional Rail Authority (SCRRA) 279 East Arrow Highway, Suite A San Dimas, California 91773 Attn: Mr. Christos Sourmelis -ROW Encroachments Coordinator E-mail: sourmelisc@scrra.net Office Number: (909) 394-3418 Contractor: Contractor's address is shown on the next page. 19. California Law This agreement shall be construed and interpreted in accordance with and governed by the laws of the State of California. Venue shall be located in courts in Los Angeles County. SCRRA FORM NO. 6 Page 8 of 14 Rev: 04126111 IM~T~~1~1NIG~ ..a ryuxh>rsr Cc~~.l ifc~rrz3ax Fie-; n..n F2ael Aisthorsty The Contractor hereby agrees to the terms as set forth in this Agreement and hereby acknowledges receipt of this Agreement and of the insurance certificate forms (Exhibits A & B) herein provided. (Name of Contractor) {Address) (Telephone) (Fax) (Signature) (Print Name} (Title) (Contractor's State License No.) (Email) Receipt of the foregoing agreement and certificated of insurance furnished by the Contractor are hereby acknowledged on this day of 20 SOUTHERN CALIFORNIA REGIONAL RAIL. AUTHORITY By: ROW Encroachments Coordinator By: Assistant Director, Standards and Design [Approved As To Form By Legal Counsel] SCRRA FORM NO. 6 Page 9 of 14 Rev: 04l2fil11 M~".T~~L_1N1'C . Sesutho~rn L.:~e.~forr~i.~ F2e r~..>~ ~. ,. Rxrt Ru,}~,.;,rity EXHIBIT "A" INSURANCE REQUIREMENTS FOR RIGHT OF ENTRY AGREEMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to Property, which may arise from or in connection with the performance of the work by the Contractor, his agents, representatives, employees or subcontractors. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: O Insurance Services Office Commercial General Liability coverage {occurrence form CG 0001). ~ Insurance Services Office form No. CA 0001 (Ed. 1187) covering Auto. Liability, code 1(any auto). ~ Worker's Compensation insurance as required by the State of CA. & Employer's Liability Insurance. ^ Course of Construction insurance form providing coverage for "all risks" of loss. ^ Property insurance against all risks of loss to any tenant improvements or betterment. ^ Contractor's Pollution Liability 2. Minimum Limits of Insurance Contractor shall maintain limits no less than: O General Liability: $2,000,000 per occurrence for bodily injury, personal injury and Property damage. ~ If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general agg"negate limit shall be twice the required occurrence limit. ~ Automobile Liability: $1,000,000 per accident for bodily injury and Property damage. x^ Employer's Liability: $1,000,000 per accident for bodily injury or disease. ^ Course of Construction: Completed value of the project. ^ Property Insurance: Full replacement cost with no coinsurance penalty provision. ^ Contractor's Pollution Liability: $1,000,000 per occurrencel$2,000,000 annual aggregate 3. Certificate Holder/Additional Insured Certificate holder and/or insured will be the following: Southern California Regional Rail Authority (SCRRA) Additionally Insured will be the following: Los Angeles County Metropolitan Trans. Auth. {MTA) Burlington Northern Santa Fe Corp. (BNSF) Orange County Transportation Authority (OCTA) Union Pacific Railroad Company (UPRR) Riverside County Transportation Commission (RCTC} National Railroad Passenger Corp. {AMTRAK) San Bernardino Associated Government (SANBAG) Ventura County Transportation Commission (VCTC) 4. Railroad Protective Liability Insurance ~ Railroad Protective Liability Insurance The Contractor shall provide, with respect to the operations they or any of their subcontractors perform on the Property, Railroad Protective Liability Insurance, AAR-AASHTO (ISO/RIMA) in the name of the railroads and Member Agencies shown in Section 3 above. The policy shall have limits of liability of not less than $2 million per occurrence, combined SCRRA FORM NO. 6 Page 10 of 14 Rev: 04!26!11 MET~2DLIN1<~ Srxni~~arn L:~cr; ii"nrr~;i,. F2, .. ;,.., _.E F2esd Ac~thcr isY single limit, for coverage and for losses arising out of injury to or death of all persons and for physical loss or damage to or destruction of Property, including the loss of use thereof. A $6 million annual aggregate shall apply. If coverage is provided on the London claims-made form, the following provisions shall apply: A. The limits of liability shall be not less than $3 million per occurrence, combined single limit. A $9 million aggregate may apply. B. Declarations item 6, extended claims made date, shall allow an extended claims made period no shorter than the length of the original policy period plus one year. C. If equivalent or better, wording is not contained in the policy form, the following endorsement must be included: It is agreed that "physical damage to Property" means direct and accidental loss of or damage to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbed, catenaries, signals, bridges or buildings. For certain low-hazard activity Contractor may request that the SCRRA and Member Agency waive the requirement to provide the Railroad Protective Liability Insurance. If the exposure to the track is physically separated by a building, floor or a continuous fence {no thoroughfares} and the employees of the Contractor are explicitly notified that they are not permitted to have any contact with the track, the Railroad Protective Liability Insurance requirement may be waived by SCRRA's Manager Public Projects or his/her designated representative. 5. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by SCRRA and Member Agency. At the option of SCRRA, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects SCRRA and Member Agency, its officials and employees or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: A. SCRRA and Member Agency, its subsidiaries, officials and employees are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to SCRRA and Member Agency, its subsidiaries, officials and employees. B. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects SCRRA and Member Agency, its subsidiaries, officials and employees. Any insurance or self-insurance maintained by SCRRA and Member Agency, its subsidiaries, officials and employees shall be excess of the Contractor's insurance and shall not contribute with it. C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SCRRA and Member Agency, its SCRRA FORM NO. 6 Page 11 of 14 Rev: 04/26/11 M ETf~ ~ L..11V 1~C _,~>~,F~,nr:, c~~,aoE~r~=~~ Fz.~ , ~~~ . ~e~,d st~.m.,, ~t; subsidiaries, officials and employees. 7 8. 9. 10. 11. D. The Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30} days' prior written notice by certified mail, return receipt requested, has been given to SCRRA and/or Member Agency. Course of Construction policies shall contain the following provisions: A. SCRRA and Member Agency shall be named as loss payee. B. The insurer shall waive all rights subrogation against SCRRA and Member Agency. Acceatability of Insurers Insurance is to be placed with insurers with a current R.M. Best's rating of no less than A:VII, unless otherwise approved by SCRRA and Member Agency. Verification of Coverage Contractor shall furnish SCRRA with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by SCRRA. All endorsements are to be received and approved by SCRRA before work commences. As an alternative to SCRRA's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. Train Services Approximate daily train traffic is passenger trains and freight trains. Submittal The original insurance policy {s} shall be submitted to: Assistant Director, Standards and Design Southern California Regional Rail Authority {SCRRA} 279 East Arrow Highway, Suite A San Dimas, California 91773 Attn: Mr. Christos Sourmelis -ROW Encroachments Coordinator E-mail: sourmelisc@scrra.net Office Number: (909) 394-3418 SCRRA FORM NO. 6 Page 12 of 14 Rev: 04/26/11 .,., cni41-~xsr~7 C~nl~~orr~]s. Rs~gi~r~..-,. F4u.ii Authcsr (ty EXHIBIT "B" RAILROAD PROTECTIVE LIABILITY POLICY DECLARATION POLICY Insurance Company: Policy Number: Policy Period: From: To: 12:01 am Standard time at location CERTIFICATE HOLDER AND ADDITIONALLY INSURED Certificate Holder/Insured: Southern Caiifornia Regional Rail Authority (SCRRA) 279 E. Arrow Highway, Suite A, San Dimas, CA 91773 Additionally Insured: Los Angeles County Metropolitan Transportation Authority (MTA) Burlington Northern Santa Fe Corporation (BNSF) Orange County Transportation Authority (OCTA) Union Pacific Railroad Company (UPRR) Riverside County Transportation Commission (RCTC) National Raiiroad Passenger Corp. (AMTRAK) San Bernardino Associated Governments (SANBAG} Ventura County Transportation Commission (VCTC} LIMITS OF INSURANCE Aggregate Limit $6,000,000 Each Occurrence Limit $2,000,000 DESCRIPTION OF WORK AND JOB LOCATION(S) NAME AND ADDRESS OF DESIGNATED CONTRACTOR NAME AND ADDRESS OF INVOLVED GOVERNMENT AUTHORITY OR OTHER CONTRACTING PARTY PREMIUM Contract Cost Premium Base Rate per 1,000 of Advance Premium FORM OF ENDORSEMENT Title Number COUNTERSIGNATURE Countersigned by Date (Authorized Representative) SCRRA FORM NO. 6 Page 13 of 14 Rev: 04/26/11 Sc».iE77arn Gai7!<>rn~rc R-.,~ ins! vi# Auttsority EXHIBIT "B CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) Southern California Regional Rail Authority {SCRRA} PRODUCER THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND OR ALTER THIS COVERAGE AFFORDED BY THE POLICY BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B LETTER INSURED COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTAND , ING ANY REQUIREMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PE RTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMIT , . S SHOWN CO TYPE OF INSURANCE POLICY POLICY POLICY LIMITS LTR NUMBER EFFECTIVE EXPIRATION DATE (MM/DDtYY} DATE (MM(DDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ ^ COMMERCIAL GENERAL PRODUCTS-COMP/OP AGG. $ LIABILITY ^ CLAIMS MADE ~ OCCUR PERSONAL & ADV. INJURY $ . ^ OWNER'S & CONTRACTOR'S EACH OCCURRENCE FIRE DAMAGE (Any one fire) $ $ PROT. ^ OTHER MED. EXPENSE $ (Any one person) AUTOMOBILE LIABILITY COMBINED $ ^ ANY AUTO ^ ALL OWNED AUTO SINGLE LIMIT ^ SCHEDULED AUTOS BODILY INJURY $ ^ HIRED AUTOS (Per person} ^ NON-OWNED AUTOS GARAGE LIABILITY BODILY INJURY $ (Per accdent) PROPERTY DAMAGE $ EXCESS LIABILITY ^ UMBRELLA FORM EACH OCCURRENCE $ ^ OTHER THAN UMBRELLA FORM AGGREGATE $ PROPERTY INSURANCE ^ COURSE OF CONSTRUCTION AMOUNT OF INSURANCE $ WORKER'S COMPENSATION STATUARY LIMITS AND EACH ACCIDENT EMPLOYER'S LIABILITY DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLES/SPECIAL ITEMS THE FOLLOWING PROVISIONS APPLY: 1. None of the above-described policies will be canceled, limited in scope of coverage or nonrenewed until after 30 days' written notice has been given to SCRRA at the address indicated below. 2. As respects operations of the named insured performed on behalf of SCRRA tha following are added as additional insured on all liability insurance policies listed above; SCRRA, its Member Agencies, Operating Railroads, its subsidiaries, officals and employees. 3. It is agreed that any insurance of self-insurance maintained by SCRRA will apply in excess of and not contribute with, the insurance described above. 4. SCRRA is named a loss payee on the property insurance polices described above, if any. 5. All rights of subrogation under the property insurance policy listed above have been waived against SCRRA. 6. Any failure, by the insured to comply with reporting or other provisions of the policies including breaches of warranties shall nat affect coverage provided to SCRRA, its Member Agencies, its subsidiaries, officials and employees. 7. The worker's compensation insurer named above if any, agrees to waive all rights of subrogation against SCRRA for injuries to employees of the insured resulting from work for SCRRA or use of Member Agencies premises or facilities. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE Southern Ca{ifomia Regional Rail Authority (SCRRA) 279 E. Arrow Highway, Suite A, San Dimas, CA 91773 SIGNATURE ADDITIONAL INSURED TITLE PHONE NO MTA,OCTA,RCTC,SANBAG,VCTC,BNSF,UPRR,AMTRAK . SCRRA FORM NO. 6 Page 14 of 14 Rev: 04/26/11 EXHIBIT E-4 To Construction and Maintenance Agreement for TUSTIN RANC~I RQAD Laver Sheet for SCRRA Insurance Requirements EXHIBIT E-4 TO CONSTRUCTION AND MAINTENANCE AGREEMENT INSURANCE REQUIREMENTS Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement (except as otherwise provided in this Agreement) the following insurance coverage: A. Commercial General Liability Insurance. Commercial general liability {CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Gontractual liability SCRRAs ISO form GG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "SGRRA Company Property" as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 {or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With SCRRA's ISO form CA 20 70 10 01 {or a substitute form. providing equivalent coverage) showing "SGRRA Right-of-Way" as the Designated Job Site. • Motor Carrier Act Endorsement -Hazardous materials clean up {MGS-90) if required by law. C. Workers Comaensation and Emgtovers t.iabitity insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the State of California. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf land Act, if applicable. D. SGRRA Protective Liability insurance. Contractor must maintain SGRRA Protective Liability insurance written an ISO occurrence form CG 00 35 12 04 {or a substitute farm providing equivalent coverage) on behalf of SCRRA as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to SCRRA before the work may be commenced and until the original policy is forwarded to SCRRA. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. Other Requirements F. All policy(ies) required above (except worker's compensation and employers liability) must include the following as "Additional Insured using ISO Additional Insured Endorsements GG 20 26, and CA 20 48 {or substitute forms providing equivalent coverage). The coverage provided to SCRRA as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for SCRRA's negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless: • insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or • all punitive damages are prohibited by all states in which this Agreement will be performed. H. Contractor waives all rights against SCRRA and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers liability or commercial umbrella or excess liability insurance obtained by Contractor required by this Agreement. I. Prior to commencing the work, Contractor shall furnish SCRRA with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. J. All insurance policies must be written by a reputable insurance company acceptable to SCRRA or with a current Best's Insurance Guide Rating of A- and Class VII ar better, and authorized to do business in the state{s) in which the work is to be performed. K. The fact that insurance is obtained by Contractor or by SCRRA on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by SCRRA from Contractor or any third party will not be limited by the amount of the required insurance coverage. EXHIBIT F To Construction and Maintenance Agreement for TUSTIN RANCH ROAD Cover Sheet for Funding Agreements EXHIBIT F 8r9n 1 FUNDING SCHEDULE Tustin Ranch Road Extension Funding Source Fiscal hear Funding Available Funding Amount Phase Measure M (GMA-7) '09-'10 $ 64,435 Desi n Measure M (GMA-7) '09-'10 $ 1&0,000 Ac uisition The Irvine Co. '09-' 10 $ 4,50,000 Construction Local Funds '10-'I 1 $ 596,435 Desi n Local Funds '10-'I 1 $ 22,4$7,998 Construction City of Irvine '1.1_'12 $ 4,500,000 Construction TOTAL ~ 32,328,868 EXHIBIT G To Construction and l~~Iaintenance Agreement far TUSTIN RANCH ROAD Cover Sheet for CPUC Decision Granting Authority to Construct Grade Separated I~ighvvay-Rail Crossing p~~~~ ~v~ -vov r o 2009 CPSD/ RWC/DAR/ LDI/ TU~~'iN F~~J~%~~~: Wc~fitK~ ~~~7, Mailed 11f 7/08 Decision 08-11-013 November 6, 2008 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFQRNIA Application of the City of Tustin to construct agrade-separated crossing of Tustin Ranch Road aver the mainline tracks of Southern California Regional Rail Authority's Orange Subdivision, in the City of Tustin, Orange County, California. Application 08-06-032 (Filed June 25, 2008} DECISION GRANTING CITY OF TUSTIN AUTHORITY TO CONSTRUCT GRADE-SEPARATED HIGHWAY-RAIL CROSSING OF TUSTIN RANCH ROAD Summary This decision grants authority to the City of Tustin (City} to c:~nstruct a grade-separated crossing of Tustin Ranch Road and the mainline tracks of the Southern California Regional Rail Authority's (SCRRA} Orange Subdivision, to be identified as CPUC Crossing No. 1010R-178.90-A. The grade-sepazated crossing of Tustin Ranch Road and the mainline tracks of the SC:RRA's Change Subdivision is part of a larger project for the Extension of Tustin Ranch Road and the future alignment of Valencia North Loop Road at former Marine Carps Air Station MCAS Tustin. Discussion SCRRA is afive-county joint powers authority, created pursuant to State of California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain and operate the ~rnaa _ 1 _ A.0&06-032 CPSD j RWC jDAR/LD2/vdl "Metrolink" commuter train system. The five-county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority, Ventura County Transportation Commission, Orange County Transportation Authority, San Bernardino Associated Governments, and Riverside County Transportation Commission. SCRRA builds and operates Metrolink commuter train service in the five-county azeas on rail rights-of-ways owned by the member agencies. In addition to Metrolink commuter trains, the National Passenger Railroad Corporation operates Amtrak passenger trains and BNSF Railway Company operates freight trains on this rail line. The plans attached to the application show a permanent nninunum vertical clearance of 24 ft 0 in above the top of rail. However, the application states during construction period the vertical clearance will be temporarily reduced to 21 ft 6 in. Commission General Order (GO} 26-D requires a minimum vertical clearance of 22 ft 6 in. Since the vertical -, clearance of 21 ft b in during construction will be less than the nnutimum 22 ft 6 in required by GO 26-D, the City request permission for temporary deviation from the vertical clearance requirement during construction period. The plans show the minimum horizontal clearance requirements of GO 26-D will be met. Environmental Review and CEQA Compliance The California Environmental Quality Act of 1970 (CEQA, as amended, Public Resources Code Section 21000 et seq.} applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to inform governmental decision-makers and the public about potential significant environmental effects of the -2- A.08-06-032 CPSD/RWC/DAR/LD1/vdl proposed activities. Since the project is subject to CEQA and the Conunission must issue a discretionary decision in order for the project to proceed {i.e., the Commission must approve the project pursuant to Sections 1201-1202 of the Public Utilities Code), the Commission must consider the environmental consequences of the project by acting as either a lead or responsible agency under CEQA. The lead agency is the public agency with the greatest responsibility for supervising or approving the project as a whole.l. Here, the City is the lead agency for this project and the Commission is a responsible agency. As a responsible agency under CEQA, the Commission must cansider the lead agency's environmental documents and findings before acting on or approving this project. 2 The City prepared a Final Environmental Impact Report (FEIIt) for the Disposal and Reuse of Marine Corps Air Station Tustin, which was certified.on.January 16, 2001 in accordance with CEQA ~ Subsequently, the City prepared a Supplement to the FEIR for the Extension of Tustin Ranch Road, because some of the environmental analyses in the FElR included the area of the Tustin Ranch Road. The Supplement to-the FEIR evaluated impacts to traffic, air quality and noise because all other issues were evaluated in the initial study and determined to have no impact or less than significant impact with project. The Supplement to the FEIR identified mitigation measures and adopted a 1 CEQA Guidelines {Title 14 of the California code of Regulations), Section 15051(b). s CEQA Guidelines, Sections 15050{b) and 15096. -3- A.08-Q6-032 CPSD/ RWC/ DAR f LD1 j vdl Statement of Overriding Considerations The City filed a Notice of Determination (NOD) with the Tustin City Clerk on December 23, 20()4. Traffic and noise impacts are within the scope of the Commission`s permitting process. With respect to the potentially significant noise and transportation impacts identified in the FEIR, the Commission finds that the City adopted feasible mitigation measures to either eliminate or substantially lessen those impacts to less than significant levels ~ The City adopted a Statement of Overriding Considerations for those impacts that could not be mitigated to less-than-significant levels. We will adopt City's environmental findings and mitigations for purposes of our approval Filing Requirements and Staff Recommendation The application is in compliance with the Commission's filing requirements, including Rule 3.7 of Rules of Practice and Procedure, which relates to the construction of a public highway across a railroad. The Co~rnmission's Consumer Protection and Safety Division -Rail Crossings Engineering Section {RCES) reviewed and analyzed the application, and recommends that the Commission grant the City's request. Categorization and Need for Hearings In Resolution ALJ 1?6-321? dated July 1D, 2008 and published in the Commission Daily Calendar on July 11, 2008, the Commission preliminarily categorized this application as Rafiesetting, and preliminarily determined that hearings were not necessary. No protests have been received. Given these developments, it is not necessary to disturb the preliminary deten~ninations made in Resolution ALJ 1?6-3217. s See e.g. FIIR, p. 4-23b -4- A.08-06-032 CPSD/RWC/DARjLDljvdl Waiver of Comment Period This is an uncontested matter in which -the decision grants the relief requested. Accordingly, pursuant to Section 311(g}(2) of the Public Utilities Code and Rule 14.6(c)(2} of the Commission's Rules of Practice and Procedure, the otherwise applicable 30-day period for public review and comment is waived. Assignment of Proceeding Richard Clark is the assigned Examiner in this proceeding. Findings of Fact 1. Notice of the application was published in the Commuission's Daily Calendar on duly 10, 2008. 2. The City requests authority, under Public Utilities Code Sections 1201-1205, to construct a grade separated highway-rail Grassing over SC'RRA-owned tracks. 3. The City is the lead agency for this project under CEQA, as amended. 4. The City prepared an FEIR and its Supplement and issued an NOD with a Statement of Overriding Considerations. 5. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's FEIR and its Supplement. Conclusions of Law 1. The F'EIR and its Supplement prepared by the City as the documentation required by CEQA for the project is adequate for our decision making purposes. 2. We adopt the City's findings. 3. The application does not require a public hearing. -5- r A.08-Q6-032 CPSD/RWCJDAR/LD1/vdl C)RDER TT IS ORDERED that: 1. The City of Tustin {City) is authorized to construct agrade- separated highway-rail crossing of Tustin Ranch Road over the mainline tracks of Southern California Regional Rail Authority's (SCRRA) Orange Subdivision railroad tracks, to be identified as CPUC Crossing 1Vo.1010R- 17$.90-A. 2. The City is granted permission tt> have temporary impaired vertical clearance of 21 ft 6 in (measured from top of rail to the lowest portion of the overhead structure) during the construction period only. 3. The City shall notify SCREtA, BNSF Railway Company, and National Passenger Railroad Corporation and the Los Angeles office of the Commission's Consumer Protection and Safety Division -Rail Operations Safety Branch (ROSH) and Rail Crossings Engineering Section (RUES) at least 15 days but not more than 30 days in advance of the date when it will create the temporary overhead clearance. 4. SCRRA, BNSF Railway Company, and National Passenger Railroad Corporation shall issue instructions to their operating employees regarding the temporary reduced overhead clearance of 21 ft 6 in beneath bridge structure. They shall submit the instructions in advance of the date when the City will create the temporary overhead clearance to the Los Angeles office of ROSB and Rt:ES. 5. Within 30 days after completion of the grade-separated crossing, the City shall notify ROES that the authorized work is completed by submitting a completed Commission Standard Form G titled Report of Changes at Highway Grade Crossings and Separations. -b- _u s w ~` A.08-06-032 CPSD/RWCjDAR/LD2/vdi 6. This authorization shall expire if-not exerciised within three years unless time is extended or if the above conditions are not complied with. Authorization may be revoked or modified if public convenience, necessity, or safety so require. 7. A request for extension of the three-yeaz authorization period must be submitted to RC:ES at least 30 days before the expiration of that period. A copy of the request must be sent to all interested parties. 8. This application is granted as set forth above. 9. Application 08-(16-032 is closed. This order becomes effective 30 days from today. Dated November 6, 2008, at San Francisco, California. MICHAEL R. PEEVI;Y President DIAN M. GRUENEICH JOHN A. BORN RACHELLE B. CHONG TIMOTT3Y ALAN SIMON Commissioners -7-