HomeMy WebLinkAbout10 OCTA/SCRRA R.R. 04-07-97AGENDA -
NO. 10
4-7-97
DATE: APRIL 7, 1997
Inter-Com
TO: WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DMSION
FROM:
APPROVAL OF THE CONSTRUCTION AGREEMEN~r FOR THE JAMBO~E ROAD
SUBJECT: BRIDGE WIDENaNG OVER THE OCTA/SCRRA RAILROAD
IS~Y~i ii~ ~~~t:b~ and ~ng
~er ~ .lx~...'di~...W. id~g: ~atl m~:i~;~..A."!:~: Ri'ght~frwaY (~A Row)
RECOM3IENDATION
It is recommended that the Tusfin City Council, at their meeting of April 7, 1997, approve the subject
Construction Agreement and authorize the Mayor and City Clerk to execute the document on behalf of the
City.
FISCAL IMPACT
None to the City of Tustin. The TCA is responsible for the costs of overhead widening work and
maintenance prior to acceptance by Tustin, Irvine, OCTA and SCRRA.
DIScussION
In connection with the construction of the westleg ETC transit/on area, TCA is proposing to Widen the
ex/sting Jamboree Road Bridge (Overhead), which is owned and maintained by the Cities of Tusfin and
Inrine, above OCTA ROW over which SCRRA operates a rail-line.
Silverado Constructors, TCA's contractor, Will design and construct the proposed overhead Widening at the
sole expense of TCA. Design reviews and approvals process will also include Tustin, Irvine, OC~A and
SCRRA. The subject agreement has been reviewed and approved by the City Attorney.
Tim D. Seflet ~
Director of Public Works/City Engineer
Nestor Mondok
Assistant Civil Engineer
Wisam Altowaiji
Associate Civil Engineer
I' = 200'
PROJECT LOCATION
CONSTRUCTION AGREESIENT
State Route 26 I.'JA:XlBOREE ROAD OH
(WIDEN) Overcrossing of railroad PUC 101
OR-179.7-A Br. No. 55C-460
THIS AGKEEMENT dated for reference purposes March 4, 1997, by and among
TH:E ORANGE COUNTY TRANSPORTATION AUTHORiTY, a public agency existing
under the authority of the laws of the State of California ("OCTA), TH:E SOUTHE~
CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority of five county
transportation agencies organized.under the provisions of the Joint Powers Act, Sections 6500
et.seq, of the California Goyernment Code and Section 13.0255 of the California Publi6
Utilities Code ("SCRRA"), the FOOTHILL/EASTERN TRANSPORTATION CORRIDOR
AGENCY, a joint powers agency organized under the provisions of the Joint Powers Act,
Sections 6500 eI_seq_ of the California Government Code ("TEA"): the CITY OF TUSTIN, a
municipality of the State of California ("Tustin"), and the CITY OF IRVINE, a municipality
of the State of California ("lrvine") [Irvi.ne and Tustin are collectively referred to herein as
the "Cities"], is made with reference to the following recitals.
RECITALS:
A. OCTA is the owner of a railroad right of way (the "OCTA ROW") over which .
the SCRRA operates a railroad'line.
. B. .An overhead (the "Existing Overhead"), commonly known as the Jamboree
Re'ad Overhead, has been constructed within the respective jUrisdictions of Tustin and Irvine
and currently exists over the OCTA ROW at railroad milepost (M?)101 OR 179.7-A, Bridge
Number 55C-460. The OCTA ROW at such location lies entirely within the boundaries of
Tustin. The Existing Overhead was constructed pursuant to an agreement dated February 2,
1983 between OCTA's predecessor-in-interest, The Atchison, Topeka and Santa Fe Railway
Company and Tustin. The Existing Overhead is owned and maintained by Tustin and Irvine
within their respective boundaries. Exhibit A attached hereto and made a part hereof depicts,
among other things, the location of the OCTA ROW, the municipal boundaries of Tustin and
[mine in the vicinity of the Existing Overhead, the location of the Existing Overhead within
the OCTA ROW, and a vicinity map.
C. In connection with construction of the Eastern Transportation Corridor, TCA
desires to construct a widening of the Existing Overhead (the "Widening") as conceptually
shown on Exhibit A. The Widening will cross the OCTA ROW and railroad tracks as shown
on Exhibit A.
D. The proposed Widening has received conceptual approval from the OCTA by
letter dated July 20, 1995, incorporated herein by reference, and is subject to further design
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reviex~.'s and approvals by OCTA. the SCRRA, and the Cities. Said reviews shall incl~Jde but.
shall not necessarily be limited to Widening, desi,,n tbotin,,s t~lsex~ork materials
construction methods, structural calculations, abutments, pTers, pier protection walls..
mechanicallv stabilized earth retaining x~alls, columns, security t~ncin~, drainage and related
t~cilities external to but impactin~ upon the OCTA ROW. -
E. Silverado Constructors, a California joint venture ("Contractor"), is TCA's
contractor for the design and construction of the Widening.
F. The Widening shall be constructed at the sole expense of TCA; neither OCTA,
SCRKA nor either of the Cities shall be responsible for any of the cost of such construction.
G. Upon commencement of construction of the Widening, TCA and Contractor, at
their sole cost and expense shall be responsible for the maintenance of the Existing'Overhead
as well as the Widening ur~til the Acceptance Date (as hereafter defined).
NOW TF[EREFO~, IT IS AGREED AS FOLLOWS:
ARTICLE I.
CERTAIN DEFINITIONS
As used herein the fo!low, ing terms shall have the following meanings:
Acceptance Date - The date by which all of the following shall have occurred'
a. The transition area interchange with the Eastern Transportation Corridor
is open to the public;
bo
Irvine shall have signed off Miscellaneous Construction Permit 23334-MC
issued by Irvine for the Widening Work;
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Tustin shall have signed off the encroachment permit issued by Tustin for
the Widening Work;
d.
Tustin's Public Works Department shall have accepted, in writing,
corfipletion of construction of the Widening Work on behalf of Tustin and
Irvine.
.
Approved Plans - Final plans and specifications for the Widening Work
approved by OCTA, SCRRA, Irvine, Tustin, and as referenced in the PUC
Application, with minimum clearances of not less than those specified in PUC
General Order 26-D and/or SCRRA Engineering S,t, andards, whichever is m,,ore
restrictive case by case (except for clearances (the Clearance Exceptions )
agreed to in the SCRRA catenary letter of October 7, 1996 and incorporated
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herein bx' reference), as the same may be changed from time to time x,~'ith the
x,,ritten approval ofOCTA, SCRRA. lrvine, and Tustin
~,Videnin§ ~A,'ork - AI'I of the foilo,,ving: (i) the Widening and widening of the
Existing Overhead, approaches thereto, supporting embankment and retaining
walls; (ii) all preliminary test borin§s in and on the OCTA ROW to determine, to
the satisfaction of OCTA and SCI:LRA, §eologic conditions (including any
required mitigation) prior to permitting construction of the Widening; (iii)
provisions for future catenary installation in accordance with the SCKRA.
catenary letter of August 1, 1996, incorporated herein by reference; design and
construction of ali drainage to the satisfaction of OCTA and SCl;LRA; (iv) design
and construction of pier protection walls where required by SCKKA Engineerin§
Standards and in accordance with the recommended practices of the American
Railway Engi0eeririg Association ("AREA") as shown on Exhibit A; (v) design
and construction of bridge seats and slope facings to preclude transient occupancy
under bridges including slope paving; (vi) design and construction of security
fencing.joining existing OCTA ROW fencing; (vii) to the extent made necessary
by the Widening Work, any and'all railroad facility changes, modifications and/or
betterments of every kind and character necessary to the continued safe and
efficient operation of the ra'ilroad, including, without limitation, any and all
necessary changes to telephone, telegraph, signal and electrical lines and
appurtenances, all temporary and permanent track work, grading, drainage and
access roadways to railroad right of way; and (viii) any and/or all other work of
every kind and character necessary to accomplish the construction of the
Widening
ARTICLE II.
LICENSES; PERMITS AND AUTHORIZATIONS
Temporary. License From OCTA. OCTA has heretofore granted to TCA a
temporary non-exclusive license (the "OCTA License") on, over, and across the
OCTA ROW for the construction of the Widening.
OCTA and SCRRA Approval of Final Plans and Specifications. TCA shall
prepare or have Contractor prepare final plans and specifications for construction
of the Widening. Two (2) sets 'of said final plans and specifications shall be
provided to OCTA for approval and four (4) sets shall be provided to SCRR. A for
its review and approval. All structures and clearances (except for the Clearance
Exceptions) proposed shall conform to SCRRA and AREA engineering standards,
PUC and Federal Railroad Administration regulations. TCA shall obtain the '
approval of such final plans and specifications by both OCTA and SCRRA.
SCRRA Form 6 Right of Entry. Agreement. Upon written approval by SCRRA of
final plans and specifications for the Widening Work, SCRRA will, subject to
completion of SCRRA Form No. 6 and the provision of all insurance, including
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Railroad Protective Liability Insurance, to the satisfaction of SC[~q..--X, provide
Contractor u. ith an executed SCRRA Form 6 Right of Entry Agreement (the
"SCRILA ROE") in the form o1' Exhibit 13 hereto.
.
Public L'tilities. Cc>mmissicm_._&uthorizaficm. TCA shall make application to' the
Public Utilities Commission(the "PUC") for authorization (the "PUC
Authorization") to construct the Widening and, in support of said application,
shall furnish to the PUC at least 3 5% plans of said Widening, as approved by
SCRKA, and a signed copy of this Agreement.
.
.
Approval by Tustin. TCA shall obtain the written approval (the "Tustin
Approval") of the City of Tustin of the design and final plans and specifications
for the Widening Work.
Approval by Ir:vine. TCA shall obtain the written approval (the "lrvine
Approval") of the City of Irvine of the design and final plans and specifications
for the Widening Work.
The foregoing are herein called the ','Required Approvals."
ARTICLE III.
CONSTRUCTION OF WIDENING WORK
Commencement of Constructio_n. TCA shall not commence construction of the
Widening Work until all of the following conditions have been satisfied:
a. The Required Approvals shall have all been obtained.
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TCA, through Contractor, shall have given notice in writing to the
SCRRA Director of Engineering (with additional copy to the SCRRA
Manager Public Projects), Tustin and Irvine, which notices shall state the
time that operations for construction of said Widening shall begin.
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TCA, through Contractor, shall have notified SCRRA of flagging and
inspection requirements not less than three weeks in advance of the
commencement of construction of the Widening Work so that qualified
flagging personnel can be assigned in a timely manner. No work may be
undertaken .within the OCTA ROW until qualified flagging personnel are
present and a flagging deposit shall have been made by TCA/Contra~:tor
as agreed upon between TCA/Contractor and SCRRA in the manner
provided for in Section V.3, below.
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The insurance requirements provided for in Article VI shall have been
satisfied.
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In the event that construction of the Widenin- Work has not commenced ,~,ithin
the three-year period commencing on the date of this Agreement, this Agreement
shall become null and void.
Good. and Workmaialike Mamaer_in. AccoJ:dan. ce. v,:ith the_App~:c~,'ed. Plans and
P,,¢quired AppmYaLs. The Widening Work shall be performed in a good and
workmanlike manner and in accordance with the Approved Plans and the
Required Approvals.
Diligent Prosecution. Each portion of the Widening Work shall commence
promptly and thereafter shall be diligently prosecuted to conclusion in logical
order and sequence.
Additional Construction Requirements. TCA further covenants and agrees as
follows:
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To make any and all arrangements that may be necessary to secure and
protect the location or relocation of wire lines, fiberopti¢ lines, pipelines
and other facilities o ,wned by private persons, companies, corporations,
political subdivisions or public utilities which may be found necessary to
locate, relocate and/or protect in any manner whatsoeVer due to the
construction of the Widening Work.
b.
To furnish all labor, materials, tools and equipment for doing the work it
herein desires and agrees to do.
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To do all work called for on its part in such manner as not to interfere
with the safe and timely operation of the railroad. Without limiting the
generality of the foregoing, the construction of the Widening Work shall
be performed and effected in such a manner as not to interfere with the
safe and timely operation of locomotives, trains and cars or on-track
maintenance vehicles of SC .RRA, National Railroad Passenger
Corporation, the Burlington Northern Santa Fe Railway, (formerly the
Atchison, Topeka and Santa Fe Railway Company), and trains or
equipment of other railroads duly authorized to' operate on the railroad
from time to time.
do
That all shoring systems proposed for use, whether on or off the OCTA
ROW, shall provide a positive continuous influence on all portions that
are within the recognized railroad loading zone of influence. Shoring-
systems will be designed to accommodate Coopers E-80 live loadings.
Further, shoring systems shall not be of a type that requires any
excavation in the zone of influence prior to installation of the system. Ail
shoring systems proposed must include hand calculations and assumptions
made. Computer designed systems must include ali assumptions made,
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material strengths and hand calculations to support the t'indin,2s Any
submittals not including hand calculations x~,iil be returned disappro,,'.ed
x'. i~hout further comment. Design draxvin,..4s and supportin,2 calculations
must contain the stamp and signature ot'a California Licensed
Professional Engineer. FinallY, all shoring systems proposed must be
review'ed and approved by the SCRRA. Director of' En~ineerine or his
designee and Tustin. - -
e.
To furnish to OCTA one (1) and SCRRA two (2) sets of structural
calculations of any faisework, shoring or cribbing that may be planned to
be used over or adjacent to OCTA and SCRRA tracl~s. If the uses of such
falsework will impair the standard side and/or vertical clearances required
by the PUC in General order No. 26-D or subsequent order of the
Commission~, TCA/Contractor shall make separate application to the PUC
for such impairment prior to the construction of ~;aid falsework and
provide evidence of such application to and authority from the PUC to
OCTA and SCRRA.
Through Contractor, to notify, on a 24 hour basis, local jurisdiction public
safety agencies of heavy equipment activities associated with Widening
Work construction in and around the railroad especially when structural
work. of any kind, including falsework, is undertaken across the tracks
during train operations.
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Provide each of'OCTA, SCRRA, Tustin, and h'vine with one copy of
reproducible As-Built Plans following completion of the Widening Work
and the occurrence of the Acceptance Date.
Delay Penalties. TCA acknowledges that passenger rail service trains operate at
speeds of 90 miles per hour and freight trains operate at speeds up to 55 miles per
hour on the railroad at the location TCA proposes to construct the Widening and
that passenger train schedules based on high speeds are especially critical to both
commuter and intercity customers. If unplanned and/or nonscheduled Widening
Work requires that SCRRA impose speed restrictions on trains passing through
the construction site, SCRRA may assess and invoice a penalty charge of $10,000
per day, or portion thereof, during which time the unplanned and/or nonscheduled
speed restriction is in effect, provided that SCRRA shall have first notified TCA
and Contractor of its intention to do so, which notice shall state the reason(s) it
was necessary for SCRRA to impose such speed restrictions. Speed restrictions
imposed by prior agreement in writing and for specific time periods and project
activities are not subject to delay penalties.
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ARTICLE IV
L43NTENANCE
TCA_R. esponsible..£or.Mainmnance_.Until the Acceptance D_ate. From and after
the date construction of the Widening Work is commenced and until the
Acceptance Date, TCA, at its sole cost and expense, shall be responsible for
maintenance of both the Existing Overhead and the Widening. Such
maintenance shall include, but not be limited to, bridge seats, columns, piers,
highway approaches, lights, highway drainage, graffiti removal, all other highway
facilities and payment of costs associated with railroad flagging and insurance if
necessary; provided, however that nothing herein contained shall relieve the
OCTA and/or SCRRA of any liability which would otherwise be legally imposed
upon OCTA arid/or SCRRA with respect to damage caused to such highway.
facilities by aciions or omissions of OCTA and/or SCRRA, its officers,
employees, or its successors and assigns.
Cities Not Responsible for Maintenance Until Acceptance Date. From and after
the date the construction of the Widening Work is commenced and until the
Acceptance Date, the Cities ~;hali be relieved of any obligation to maintain the
Existing Overhead or the Widening Work in the area of the respective
encroachment. permit and miscellaneous construction permit issued by Tustin and
Irvine, respectively, for the Widening Work. The Cities shall have no obligation
to maintain the Widening until the Acceptance Date, at which time the Cities
shall be obligated to maintain both the Existing Overhead and the Widening;
provided, however, that such maintenance obligation shall not relieve Contractor
from its bbligations pursuant to Article IX.
ARTICLE V.
RESPONSIBILITY FOR COSTS'
Io
TCA Responsible for Costs of Widening Work and Maintenance. Except as
provided in Section V.2., TCA shall be responsible for all costs of the
construction and maintenance contemplated by and provided for in this
Agreement. Without limiting the generality of the foregoing: (i) TCA shall be
responsible for all costs incurred by OCTA or SCRRA incidental to preservation
of OCIA ROW, the integrity of railroad infrastructure; and safety of railroad
operations for the duration of the construction of the Widening Work and the
period of maintenance following the completion of the Widening Work until the
Acceptance Date; (ii) except as provided in Section V.2., no costs related to the
Widening Work or maintenance prior to the Acceptance Date shall be the
responsibility of OCTA or SCRRA; and (iii) the Cities shall not be responsible
for any costs of the Widening Work or maintenance prior to the Acceptance Date.
.~BI :N'B 2\AGR'.%fl~S'.41025033.6 -7-
OCTA and SCKKA Costs. OCTA and SCRR.-k will at their sole cost and -
expense, maintain the OCTA ROW, roadbed(s), tracks, railroad draina,.2e, si,.z, nal
communication system and all related railroad facilities: provided, however, that
nothing herein contained shall relieve the TCA. from any liabilitv u,'hich would
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otherwise be legally imposed upon it with respect to damage caused to such
railroad facilities by the acts or omissions to act of TCA. its officers employees,
or a,.2ents. ' -
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Payment of' SCRRA For SCRRA Se~..e.s. The SCRR.A. will, at the sole cost and
expense of ICA and/or Contractor, provide field and office engineering reviews,
plan checks, technical support for meetings; flagging and inspection as it may
deem necessary for the safety of railroad property and operation of trains during
the construction of the Widening, and any railroad temporary alignment changes,
signal relocation' or'other railroad work deemed necessary by SCRRA during
construction of the Widening Work. ICA itself, or through Contractor, will
.
provide for payment to SCRRA for the foregoing in the same manner as provided
in SCRR~ correspondence of July 10, 1995 to Contractor, and Contractors
purchase order dated August 3, 1995.
ARTICLE VI.
INSURANCE
TCA shall comply with the insurance requirement provisions contained in the OCTA
License. TCA shall cause Contractor to comply with insurance requirement provisions
contained in the SCRRA ROE. In addition, ICA shall cause Contractor to comply with
the insurance requirements of the Cities as set forth in Exhibit C hereto.
ARTICLE VII.
[NDE~ICATION
D_efmitian~. As used in this Article VII, the following terms shall have the
following meanings:
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Environmental Law - Any federal, state or local statute, ordinance, rule,
regulation, order, consent decree, judgment or common-law doctrine, and
provisions and conditiohs of permits, licenses and other operating
authorizations relating to (i) pollution or protection of the environment,
including natural resources, (ii) exposure of persons, including employees,
to Hazardous Materials or other products, raw materials, chemicals or
other substances, (iii) protection of the public health or welfare from
effects of by-products, wastes, emissions, discharges or releases of
chemical substances from industrial or commercial activities, or (iv)
regulation of the manufacture, use or introduction into commerce of
chemical substances, including, without limitation, their manUfacture,
.MB I :N'B 2' AGR'3, fl3$'.41025033.6
C.
b.
l'ormulation labelin,, distribution tr3nsportation, handlin,, stora,,eand -
disposal
Hazardous ~laterinl -Anv hazardous or toxic substance, material or
~,.aste ~,,.hich is or becomes regulated by .~ny local governmental authority,
the State of California, or the United States Government. The term
"Hazardous Material" includes, but is not limited to, any material or
substance which is: (1) petroleum or oil or gas or any direct or derivative
product or by-product thereof; (ii) defined as "hazardous waste,"
"extremely hazardous waste" or "restricted hazardous waste" under
Sections 25115, 25l 17 or 25122.7, or listed pursuant to Section 25140, of
the California Health and Safety Code, Division 20, Chapter 6.5
(Hazardous Waste Control Law); (iii) defined as a "hazardous substance"
under ~ection 25316 of the California Health and Safety Co'de, Division
20, CMpter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account
Act); (iv) defined as a "hazardous material," "hazardous substance," or
"hazardous waste" under Sections 255010) and (k) and 25501 of the
California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous
Material Release Response Plans and Inventory,); (v) defined as a
"hazardous substanci" under Section 25281 of the California Health and
Safety Code, Division 20, Chapter 6.7 (Underground Storage of
Hazardous Substances); (vi) "used oil" as defined under Section 25250.1
of the California Health and Safety Code; (vii) asbestos; (viii) listed under
Article 9 or defined as hazardous or extremely hazardous pursuant to
Article I of Title 22 of the California Code of Regulations, Division 4,
Chapter 30; (ix) defined as waste or a hazardous substance pursuant to he
Porter-Cologne Act, Section 13050 of the California Water Code: (x)
designated as a "toxic pollutant" pursuant to the Federal Water Pollution
Control Act, 33 U.S.C. {} 1317; (xi) defined as a "hazardous waste"
pursuant to the Federal Resource Conservation and Recovery Act, 42
U.S.C. § 6901 et seq. (42 U.S.C. {} 6903); (xii) defined as a "hazardous
substance" pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C.
§ 9601); (xiii) defined as "Hazardous Material" pursuant to the Hazardous
Materials Transportation Act, 49 U.S.C. § 1801 et seq; or (xiv) defined as
such or regulated by any' "Superfund" or "Superlien" law, or any' other
federal, state or local law, statute, ordinance code, rule, regulation, order
or decree regulating, relating to, or imposing liability or standards of
conduct concerning Hazardous Materials and/or oil wells and/or
underground storage tanks and/or pipelines, as now, or at any time
hereafter, in effect.
Owners- lrvine, Tustin, SCRRA,. and OCTA
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,
Owners' Personnel - EaCh of the O,,~.ner's respective officers, ot'/icials -
employees, agents, representatives and volunteers.
General Indemnification. TCA shall indemnit'v, defend, and hold the O,.,,'ners
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and Owners' Personnel harmless from and a~ainst any and all actions, claims,
demands, judgments, attorney's fees, costs, c~ama..ge to persons or property,
penalties, obligations, expenses or liabilities that may be asserted or claimed by
any person or entity arising out of' any aspect of the Widening Work by
Contractor or TCA, or any of' their respective employees, agents, representatives
or subcontractors, whether or not there is concurrent active or passive neelieence
on the part of the Owners and/or Owners' Personnel; provided, however,~h~'t the
Contractor and TCA shall not be required to indemnify, defend or hold harmless
an Owner or such Owners' Personnel against claims arising from the sole active
negligence or.willfui misconduct of that Owner or the Owners' Personnel. In
connection therewith:
TCA shall defend any action or actions filed in connection with any such claimed
damage, injury, penalty, obligation or liability, and shall pay ali costs and
expenses, including artorney,'s fees, incurred therewith.
In the event any Owner and/or the Owners' Personnel is made a party to any
action or proceeding filed or prosecuted for any such claimed damage, injury.,
penalty, obligation or liability, TCA shall 'defend each such Owner and pay to
such Owner any and all costs and expenses incurred by the Owner in such action
or proceeding, together with reasonable attorney's fees an~t' expert witness fees.
Environmental Liability Indemnificatiou. Not by way of limitation of the
foregoing, TCA hereby waives, releases, acquits, and forever discharges, and
shall defend, indemnify and hold harmless Owners and Owners' Personnel, and
their respective heirs, personal representatives, successors, and assigns, from and
· against any and all rights, claims, rights of action, actions, suits, legal or
administrative orders or proceedings, demands, actual damages, punitive
damages, loss, costs, liabilities and expenses, including any and all attorneys' fees
and environmental consultant fees and investigation costs and expenses, including
fines and penalties of any nature whatsoever, asserted, incurred, assessed or '
levied in connection with enfor~:ement of this indemnity, arising out of, relating
to or resulting from'
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The failure of TCA or Contractor or their respective employees, agents,
officers, contractors, or subcontractors or any other persons for whom.
TCA may be contractually or legally responsible, to comply with any
applicable Environmental Law or other governmental rule regarding
handling, generation, treatment, storage, transportation and disposal of
Hazardous Material in performing ihe Work; and or
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Anv release or threatened release ot'a Hazardous Nlaterial (i) ,.,,hich ,.,.as-
brought onto the Site bv TCA or Contractor or their emplovees, agents.
officers, contractors or subcontractors or any other persons for x,, bom
TCA or Contractor may be contractually or legally responsible, (ii) u. hich
,.,.'as negligently removed or handled by any such persons, regardless of
the source, origin or method of deposit bf such Hazardous Material, or
(iii) which was caused by Contractor's failure to conduct such tests as may
be reasonably necessary to determine if there has been a migration to th/:
site of the Widening Work of Hazardous Materials from the Moffit trench.
Without limiting their generality, the indemnities set forth herein are intended to
operate as agreements pursuant to SectiOn 107(e) of the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. seciion
9607(e), and California Health and Safety Code section 25364, to insure, protect,
I .
hold harmless and indemmfy the Owners and Owners' Personnel.
Indemnities in Addition to any Other lndemnitie.~. The indemnities, set forth in
this Article VII are in addition to and not in replacement of any indemnity of
TCA in favor of Owners or Owiaers' Personnel contained in any other document.
·
ARTICLE VIII.
PAYMENT AND PERFORMANCE BONDS
TCA shall cause Contractor obtain and deliver to each of Tustin and Irvine an
obligee endorsement to the payment and performance bonds furnished by
Contractor to TCA pursuant to the design build contract between TCA and
Contractor naming Tustin and Irvine as additional obligees under said bonds.
ARTICLE IX.
WARRANTY
ICA Warranty. TCA warrants (the "WarrantT") to. Irvine and Tustin that (a) the
Widening Work shall be free of defects, including construction defects and design
defects, errors and omissions, (b) the Widening Work shall be fit for use for the
intended function, and (c) materials and equipment furnished shall be of good
quality and new, and (d) the Widening Work shall meet all of the requirements of
this Agreement.
Term of Warranty. The Warranty shall remain in effect until one year after
"Substantial Completion" (as that term is defined in the Design Build Contract
between ICA and Contractor) of the Widening Work. If either Irvine or Tustin
determines that any of the Widening Work has not met the standards set forth in
Section IX. 1 at any time prior to the expiration of said one-year period, then TCA
shall correct such Widening Work as specified below.
NB 1 :N'B2',.-~GR'MDS 41025033.6 - I l -
.
.
o
o
Performance of Corrective Work. Within seven davs of receipt bv TCA ot' notice
t'rom ltv/ne or Tustin specit~'ing a failure ot'anv of'the Widenin,.z, 'Work to sfitisfv
the Warranty. TCA and lrvine and/or Tustin sh~all mutuallv a,.z, ree ,.,,'hen and how
TCA shall remedy such violation; provided, h.ov, eYer, that in case of an
emergency requiring immediate curative action, TCA shall implement such action
as it deems necessary and shall notify Irvine or Tustin of the uruency of a
decision. TCA and Irvine or Tustin shall agree on such remedy-immediately
upon notice by or to ltv/ne or Tustin of such emergency, lfTCA does not use its
best efforts to proceed to effectuate such remedy within the agreed time, or
should TCA and Irvine or Tustin fail to reach such an agreement within such
seven-day period (or immediately, in the case of emergency conditions), [mine or
Tustin, after notice to TCA, shall have the right to perform or have performed by
third parties the necessary remedy, and the costs thereof shall be borne by TCA.
~ CorrEctive Work. TCA shall bear all costs of correcting such rejected
Widening Work, including additional testing and inspections, and shall reimburse'
Irvine and/or Tustin, as the case may be, for their respective expenses made
necessary thereby, if any, within 20 days after TCA's receipt of invoices therefor.
Applicabilitv of Warranty t6 Re-Done Widening_W. ark. The Warranty shall
apply to all ~Videning Work re-done pursuant to the terms of this Contract. The
Warranty shall last as to each re-done element of the Widening Work until the
later of (a) one year after Substantial Completion of the "Project" (as that term is
defined in the Design Build Contract between TCA and Contractor), and one year
after acceptance by Tustin and Irvine of the re-done element of the Widening :
Work, but not to exceed' two years from the date of Substantial Completion of the
Project.
'No Limitation of Liability. The foregoing Warranty is in addition to all rights
and remedies available under the this Agreement or applicable law, and shall not
limit Contractor's liability or responsibility imposed by the this Agreement or
applicable law with respect to the Widening Work, including liability for design
defects, latent construction defects, strict liability, negligence or fraud; provided,
however, that upon expiration of the Warranty, TCA shall have no further
liability to Irvine or Tustin for patent construction defects.
ARTICLE X.
MISCEI.LANEOUS PROVIfilONR
Maintenance of Books and Records. The books, papers, records and accounts of
OCTA, SCRRA, TCA insofar as the same relate to design of the Widening,
expenses for labor and material, or are in any way connected with the work herein
· contemplated, shall be maintained for three' years from the completion of the
Widening Work.
N'13 i :NB 2~.AGR.MI:)$· 4 ! 0250.33.6 - l 2-
Notices· Ali notices, approvals, disapprovals or elections required or permitted to
be given under this Agreement shall be in writing and shall be (i) delivered
personally. {'ii) sent ,.'ia Federal Express {or another comparable overnight-
·
messenger service). (iii) sent via telecopy, or (iv) mailed, certified or registered
mail. return receipt requested, to the parties at the following addresses:
If to OCTA to:
Orange County Transportation Authority
P.O. Box 14184
Orange, CA 92863-I1584
Attention: Project Manager, Right of Way
Fax #: (714) 560-5794
Phone # (714) 560-5737
If to SCRRA to):
Southern California Regional Rail Authority
P.O. Box 86425
Los Angeles, Ca 90086
700 South Flower St~'eet,. 26th Floor
Los Angeles, CA 90017
Attention: Manager, Public Projects
Fax #:'
Phone #:
If to TCA to'
if to Irvine to:
If to Tustin to:
Transportation Corridor Agencies
201 East Sandpointe, Suite 200
Santa Aha, CA 92707
Attention: Jerry Bennett, Chief Engineer
Fax #: (714) 436-9848
Phone #: (714) 513-3485
City of Irvine
One Civic Center Plaza
Irvine, CA 92606.5208
Attention: Director of Public Works
Fax #: (714)
Phone #: (714)
City of Tustin
300 Centennial Way
Tustin, CA 92780-3767
Attention: Director of Public Works
Fax #: (714) 832-0825
Phone #: (714) 573-3152
,NB I :NB 2~ AGR,3.iDSx41025033.6 - 13-
Personally deli~,'ered notices shall be deemed uiven upon actual personal deliver~,-
to the intended recipient. Telecopied notices ~'hail be deemed ,.t, iven upon
completion o1" transmission to the receiving telecopy machine. Notices sent via
Federal Express (or another comparable overni,..t, ht messenuer se~'ice) shall be
deemed given the immediately following business day. ~iled notices shrill be
deemed given upon the earlier of three (3) business days after deposit into the
United States mail, registered or certified, with postage fully prepaid,' or the date
of actual receipt as evidenced by the return receipt.
o
.
Attorneys' Fees. In the event of any action between any of the parties for
enforcement of any of the terms or'conditions of this Agreement, the prevailing
party in such action shall be entitled to recovery of its reasonable co'ts and
expenses, including without limitation taxable court costs and attorneys' fees, as
awarded by a court of competent jurisdiction.
!
Amendmenl. This Agreement shall not be modified or amended except by an
instrument in writing duly executed by the parties affected by such modification
or amendment. By way of explanation, an amendment to this Agreement which
does not affect the rights and obligations of the Cities hereunder need not be
executed by the Cities. '
Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
o
Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
Executed as of the day and year first above written
APPROVED AS TO FORM:
ORANGE COUNTY
TRANSPORTATION AUTHORITY
By:
OCTA General Counsel.
By:
Chief Executive Officer
SOUTHERN CALIFORNIA REGIONAL
RAIL AUTHORITY
By:
Executive Director
,',.'i31 :N'B 2XAGR'.MDS',41025033.6 - 14-
APPROVED AS TO FO~M
FOOTHILL/EASTEI~N TI::L~.NS PORTA-
TION COR2dDOR AGENCY
By:
TCA General Counsel
By:
Chief Executive Officer
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Anomey ~ ]///' L~
ATTEST:
CITY OF TUSTIN
By:
Its Mayor
CITY OF IRVINE
City Clerk
By:
Its Mayor
APPROVED AS TO FORM:
City Attorney,
N"I31 :N'B 2'AG R'.3.fl3S~.~ 1025033.6 - 15-
E.~H IB IT A
DEPICTION'
,NB 1 :N'B2~.~. GR'.~.I2)S'~, !02~033.S - l 6-
EXHIBIT B
S C Pd~-~ ROE
N'131 :N'132\AGR'.~.~)S~41025033.6 - 17-
RIGHT-OF-ENTRY AGREE.X[ENT
SCRRA FOILXl NO. 6
File No:
S.__0000948
Recollectible No: _88.00.134
·
This Ri_,2ht-of-Entrv agreement is between the Southern California Regional Rail Authority (hereinafter
referred to as SCRRA), and Silverado Constructors
(hereinafter referred to as "Contractor").
·
This temporary. Right-of-Entry agreement is for the purpose of Gradin and MSE Wall for Jamboree
Road Bridae Ex ansion conforming, to additionals ecial real estate rovisions shown on EXHIBIT
upon, adjacent to, across (under and/or over), and along SCRRA and specific count3,.. transportation
Member Agency(s), ( hereinafter referred to as "Member Agency") Property., at or near Jamboree
Road north of Ed~noer .Avenue in the'City of Ir'vine on OCTA's Oranoe Subdivision at mile ost
179.7._____~0 as shown on attached drawing(s) (to be submitted by the Contractor with this agreement).
DEFh-NITIONS
A.
SCR.RA, is a joint powers authority of five county transportation agencies, organized under the
pro, visions of the Joint Powers Act, Sections, 6500 et sech. of th6 California Government Code, and
Section 130255 of the California Public Utilities Cod~, that builds, maintains, and operates Metrolink'
commuter railroad system within Los Angeles, Orange, Riverside, San Bernardino and Ventura
Counties.
B.
C.
MEMBER AGENCY, is that specific county transpOrtation Member Agency(s), whose Property. is
directly affected by the Contractor's actions herein. The county transportation Member Agencies are
the Los Angeles County Metropolitan Transportation Authority, the Orange Cc;unty Transportation
Authority., the Riverside County Transportation Commission, the San Bernardino Associated
Governments, and the Ventura County Transportaiion Commission.
PROPERTY, is defined herein to mean the real and/or personal property of SCRRA and/or Member
Agency(s).
Do
Eo
- .
INDEMNITEES, are SCRRA and Member Agency, and their respective officers, commissioners,
employees, agents, successors and assigns.
CONTRACTOR, is an individual, firm, partnership or corporation, or combination ~ereof, private,
municipal or public, including joint ventures, who is referred to tttroughout this document by singular
number and masculine gender.
FORM6
Page i of 11
10/2 5/9~
OPER.-\ FING RAILROAD. is..,-re that specific passcn,=,er or freight related railroad compan.,.Is)s alidl.,,
,,?cr.~t~n...: on SCRR..\ and \Icmbcr .\,='ency. trackcsl. File Operatin,2 Railroads are. an.,.' combinations ,~r'.
tttc \.:-:h.,n.al Railroad Passcn,=,cr Corporation. thc I_'nien Pacitic R,~ilroad Company. and the Burlin,..:,ten
\',',r:!'.crn .',;,~nta Fe Ce~,',ration. - _
.As one of tile inducements to and as a part of the consideration for SCRRA and/or Xlember -Xoe · ,,
· · , · .= nc.,.'-rantin,_,
permission to the Contractor to perform such work upon. and adjacent to. across (under, and. or over}, arid alon~,
tile Propert)'. the Contractor does hereby agree with SCRRA as fo.llows: -
1. References
When working on the Property, the Contractor must comply with the rules and regulations contained in
the current editions of the following documents which are references incorporated in this document
as if they ',,,'ere set out in ful~ in this paragraph. The Contractor, by its signature on this Right-of-Entrs,
agreement, acknowledges re~:eipt of these documents and agrees to abide by said rules and regulations
at all times when on the Property.. '
A.
Rules and Requireme.,- ,.- for Construction on Railway Property, SCRRA Form No. 37
B. General Safets' Regulations for ConstructioWMaintenance .Activity on Railway Properv3.'
·
Startin~ of Use of Property
The Contractor shall not enter onto the Property unless prior thereto the Contractor has possession of a
fully executed copy of this Agreement, has arranged for SCRRA safety and protective services (flag
person, inspector and/or other protective services), and has paid all charges and fees.
Termination of A~reement
SCRR. A or Member Agency reserves the right to revoke this temporary agreement at any time upon
two hours notice. Unless subseque_ntly modified by SCRRA, this temporary right of entry shall
extend until ~',~ 28, 1997 ~ , at which time it shall expire automatically. The
Contractor agrees to notify SCRRA, in writing and verbally, when use of the Property or ~'ork is
completed. Under no circumstances shall this temporary right of entry be construed as granting to the
Contractor or its subcontractors 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 Property any
employee of Contractor or any subcontractor or any employee of any subcontractor who fails to
conform to the instructions of SCRRA's or Member Agency's representative in connection with work
on the Property, and any right of Contractor to enter upon the Property shall be suspended until such
request of SCRRA or Member Agency is met. Contractors shall indemnify and hold harmless SCRRA
and Member Agency against any claim arising from the removal of any such employee from the
Property. ·
FORM6
Page 2 of 11 10/25/9~
2,. l._.i:lbilit'v and Indemnification
Contr:~ctor. ,.,n bchalt'ot' itsell"and its cmplo.,,ces, subcontractors, agents, successors, and assicns, a,2, ree.~
-
:o i:~dc:naiI\', de::,:nd, bx counsel, satisfactory to .SCRRA and 5.1ember Agency. and hol~ harrnles.~
SCRR..\ .tnd .Xlcmber Agency. and their respective officers, commissioners, employees, agents.
,uc,:c.<_<,.'rs and assigns Ihereinal:ter individually and collectively ret'erred to as. "Indemnitees"). and
c.:ch ,,t' t~em to the maximum extent allowed by lau.. from and against all 'loss. liability, claims.
demands. ~uit$. liens, claims of lien. damages tincluding consequential damages), costs and expenses
~including. x~ ithout limitation, any fines, penalties, judgments, actual litigation expenses, and experts'
and actual attorneys' fees), that are incurred by or asserted against Indemnitees arisine out ot' or
connected in an,.' manner with (i) the acts or omissions to act of the Contractor, or its officers, directors.
, affiliates, subcontractors or agents or anyone directly or indirectly employed by them or for x,.hose 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
Property, (ii) bodil'y and/or perso_nal injury or death of any person (including 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.
o
term or condition of this Agreement, in each case whether occurring during the term of this Agreement
or 'thereafter.
'The foregoing indemnity shall be effective regardless of any negligence (whether active, passive.
derivative, joint, concurring or comparative) on the part of lndemnitees, unless caused solely by the
gross negligence or-willful misconduct of Indemnitees; shall survive termination of this Aereement:
and is in'addition to any other rights or remedies which lndemnitees may have under the law or under
this Agreement.
Claims against the [ndemnitees 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
em'ployee benefit acts or insurance.
5. Assumption of Risk and Waiver
To the maximum extent allowed by law, the Contractor assumes any and all risk of loss, damage or
injury of anY kind to any person or property, including without limitation, the Property and any other
property, of, or under the control or custody of,. the Contractor or its Personnel. The Contractor's
assumption of risk shall include, without limitation, loss or damage caused by defects in any structure
or improvement on the Property, accident or fire or other casualty on the Property, or electrical
discharge, noise or vibration resulting from SCRRA, Member Agency, and Operating Railroad transit
operations on or near the Property 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 4, "Liability and 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 agrees not to file, cause to be filed or initiate any
proceeding in law, equity or admiralty whether judicial, administrative, mediation or arbitration against. '
the Indemnitees regarding any such loss, damage or injury of the Contractor and/or its Personnel. In
that connection, the Contractor waives the benefit of California Civil Code Section 1542, which
provides as follows:
FORM6 Pag~ 3 of 11 10125/96
"! .L%'t&'r,;] rcic.;.~'e ,l,~c~' .,t,~t c r.'..'u,l to claims ~Wuch the creditor docs not ~tow or
l~n',,r ,~t tl:c t:mc .,~l' cvcc~a~u'3 ~hc release. ~'hicl~ ti' know hv l~;,t 'uu.¥t
File L',,~:tr.:ct,~r .:Is,, xx.:ixes the benefit of any other Statute or Common Lax~ Principles .or' similar
c ft'ec t.
The provisions of this Section shall survive the termination of this Agreement.
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 s, pecified, (which terms and conditions will require, among other things,
SCRRA as insured and Member Agency & Operating Railroad as additional insured on policies
provided by Contractor, severability of interests and primary coverage provisions), ' and issued
ihsurance companies as described on Ex.hibit "A". SCRRA or Member A~encv 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 or work to be performed on th~ Property.. Prior
to entering the Property or performing any. work or maintenance on the Propert'?-, the Contractor shall
furnish SCRRA with insurance endorsements or certificates in the form of Exhibit "B'~, evidencing the
existence, amounts and coverage of the insurance required to be maintained hereunder sizned by a
person authorized by.the.insurer to bind coverage on its behalf. In most instances, S~RRA 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, SCP,.FL-X and
Member Agency may permit the Contractor to self-insure, provided, however that the right to self-
insure with respect to any coverage required to be maintained hereunder may be ~ranted or revokei:l by
SCRRA and Member Agency at their sole and absolute discretion. SCRRA or ~lember Agency shail
not be liable for the payment of any premiums or assessments for insurance required to be maintained
by the Contractor under this Agreement.
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.
Deposit of Funds/Bonds
Prior to commencement of work, the Contractor shall deposit with SCRRA the sum of
.deposit submitted with other construction dollars ($ ) representing the estimated
expense to be incurred by SCRRA and Member Agency in connection with said work. The deposit
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 deposit upon receipt of notice by SCRRA. Any
deposit amounts 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 approval is obtained, in lieu of such deposit ContractOr shall cause
FORM6
Page 4 of 11 10/25/96
.
10.'
11.
12.
suret.', bond to be executed bra reliable suretw acceptable to SCRRA and .X. lember .-Xgenc~.. condittencd
upon the t'aithful pcrtbrmance of the provisions of this Agreement.
C~mpliance by Contractor
l'hc k.',~t:tr.~ctor shall take all .:reps necessary to assure that its subcontractors comply x~'ith the term.;
cond~ti,.,ns ,:t' this .\L_'reement and applicable la',,,s and regulations. The Contractor shall immediate!x
r,:mov¢ anx lien a,='ain~t the Property arising from performance of x~'ork hereunder by Contractor or
anv subcontractor.
No Assignment
The Contractor shall not assign this Agreement nor any right hereunder without SCRRA's and Member
Agency's prior written consent.
Safety Orientation Class
The Contractor and his subcontractors may be required to attend Pre-Construction meeting and/or
S'CRRA Safet-v Orientation Class prior to receiving permission to enter the Property..
SCRtL.-k Safety and Protective Services
The Contractor mast request and arrange for a flag person, inspector and/or other protective se~'ices
from SCR.RA authorized representative whenever the Contractor or its subcontractors are working on
the Property as per criteria.shown'in "Rules and Requirements for Construction on Railway Propervs.'".
The Contractor, shall notify SCRRA a minimum of five (5) working days prior to beginning work on
the Property and secure an SCRRA flag person and/or inspector and any other protection SC,,.RA
deems necessary. This prior notification does not guarantee the availability, of a flag person or
inspector for the proposed date of construction. SCRRA's representative to be contacted prior to
entering upon premises is SCRRA Right of Way Engineer, P. O. Box 86425, Los Angeles, California
90086-0425 (700 S. Flower Street, 26th Floor, Los Angeles, California 90017 ), and telephone number
(213) 452-0256. The rate for SCRRA inspector and flag person is 575/hour (4 hours minimum).
The Contractor agrees to reimburse SCRRA or Member Agency for all cost and expense incurred by
SCRR. A or Member Agency in connection with said work, including without limitation the expense of
furnishing such inspector, and flag person as SCRRA deems necessary, the installation and removal of
falsework beneath tracks, restoration of railroad roadbed and tracks, installation of protective devices in
case of impaired clearances, and restoration of the Property to the same condition as when Contractor
entered thereon, or to a condition satisfactory to SCRRA's and Member Agency's representative.
SCRRA will submit final bills to the Contractor for cost incurred.
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.
FORM6 Page 5 of 11 10/25J96
SCRRA'
· ~lana,=,er Public Projects
Southern California Regional Rail Authori~' ¢SCRRA.)
.X.l'ailingAddress. P.O. Box 864£5. Los Angeles, CA 90086-0425
Street .\ddre.,4: 'l)l) S. Flou.¢r St. 26th Floor. Los Aneelesl CA 9001
.-\ttn: Rf.=,ht ,,~ ',t.'a~. En,.zinccr
13.
Contractor: C','lltractor'.; address i's sho,,~n be!ox~ on this page.
£mer~encv Telephone Numbers
The Contractor must immediatelv contact SCRtL4. in case of accidents, personal injury., defect in track.
bridge or signals, or any unusual condition which may affect the safe operation of the railroads. The
following are SCRRA's emergency numbers:
Metrolink Chief Dispatcher
Metrolink Sheriff's Dispatcher
Signal emergencies and gra~le crossing problems
Central Control Facility.
(800) 481-2739 or (213) 259-6300
(818) 248--0336
(800) 404-9464
(213) 340-8300
The Contractor .hereby agrees to the terms as set forth in this agreement, and hereby acknowledzes receipt of
this agreement and of the insurance certificate forms (Exhibits A & B) herein provided. -
Silverado Constructors
(Name of Contractor)
Twenty-Two Executive Park. Suite 200
(Address)
Ir-vine. CA 92714
(714) 752-0990
(Telephone)
By:
(Signature)
(Print Name)
(~'itle)
(Contractor's Licerrse No.)
Receipt of the foregoing agreement and certificates of insurance furnished by the Contractor are hereby
acknowledged this ~ 2. l.~dayof ~ &l,~,.u,,.ru 19 97
SOUTH-ERN CA.L~O~ REGIONAL RAIL AUTHORITY
By:
By:
(Insurance Coordinator)
(Manager Public Projects)
[Approved As To Form By l~gal Couns¢ll
FORM6
Page 6 of 11 10/25/96
'EXHIBIT "A"
INSURANCE REQUIREMENTS FOR RIGHT OF ENTRY AGREEMENTS
Contractor ~1~.~1: t,:,'curc and maintain for the duration of the contract insurance against claims for injur:es to
;' ' }rich ma'.' arise from or in connection ~.
persons er d3n:::'-' '-: '. r,. FC."i.x ~
Contractor. his a:~,.-::~.,.. ::-'i'rc/,c:itativcs. employees or subcontractors.
1.5linimum Scope of Insurance
Coverage shall be at least as broad as:
[] Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
[] Insurance Sep,'ices Office form No. CA 0001 (Ed. 1/87) covering Auto. Liability., code l(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.
2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
IWI General Liabilit?,: SI,000,000 per occurrence for bodily injury, personal injur-,' and Prope~, damage.
If Commercial General Liability. Insurance or other form with a general aggregate limit is used, either
the general aggregate Ii,nit shall apply separately to this project/location or the general aggregate
limit shall be t-wice the required occurrence limit.
IWl Automobile Liability: :51,000,000 per accident for bodily injury, and Property. damage.
[] Employer's Liability: $1,00~,~00 per accident for bodily in.iu,y or disease.
[] Course of Construction: Completed value of the project.
[] Pr,operty Insurance: Full replacement cost with no coinsurance penalty, provision.
3. Railroad Protective Liabilin' Insurance
[] Railroad Protective Liability Insurance
The Contractor sl~all provide, with respect to the operations they or any of their subcontractors
perform on the Property. as per criteria shown in "Rules 'and Requirements for Construction on
Railway Property", Railroad Protective Liability Insurance, AARZAASHTO (ISO/RIMA) form,
in tile name of:
Insured:
[] Southern California Regional Rail Authority (SCRRA)
Additionally Insured:
[] Los Angclcs County Mcuopolitan Trans. Auth. (MTA)
Orange County Transportation Authority (OCTA)
[] Riverside County Transportation Commission (KC-i'C)
[] San Bcrnardino Associated Government (SANBAG)
[] Vcnmra County Transportation Commias;'... ('VCTC')
Burlington Northern Santa Fc Corporation 0]NSF)
Union Pacific Railroad Company (1JPRR)
National Railroad P~senger Corporation (Amtrak)
Other~
FORM6 Page 7 of 11 10/25/96
,
.
The pelic.,, shall ha,,¢ limits of liabilh?, of no[ less than $2 million per occurrence, combined ~ino~le
limit. ['or co~ era,,¢ and l"or. losses arisin_* out o1" injurv to or death or'all persons, and ['or physical loss
damag¢[oordes[ruc[ionol.'Property, inciudinu[helossot, use[hereol... A S6 million annuala~re~ate
~h.~ll .~p? I.,.. -
I/'co~ cra,._'¢ is pro~ ided on the London claims-made t'orm. ~he followin~ provisions shall appl.,.-
..\. I'];c li:ni~s ,,~' iiahiliL,, :flail be no[ less than $3 million per occurrence, combined sin,.zle limit...\
59 ~n~llion a,=,L_,rcL_,a[e may apply. _
C.
Declarations item 6. extended claims made date, shall allow an extended claims made period no
shorter than [he len~h of the original policy period plus one year.
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, ca[charles, signals, bridges or buildings.
For certain Iow-hazard activity such as minor station maintenance, repair or construction: bridee
painting: overhead fiber opti~ cables crossing; etc., Contractor may request that the SCRRA arid
.~lember ,Agency waive the requirement to provide the Railroad Protective Liability Insurance, in
exchange tbr a fee. The waiver fee shall be e'stablished bv the Risk Management Department.
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 perm ir[ed to
have any contact with the track, the Railroad Protective Liability Insurance requirement ma,,' be waived
by SCR.R.A's Manager Public Projects or his&er designated representative. '
Deductibles and Self-Insured Retentions
An,y deductibles or self-insured retentions must be declared to and approved by SCR.R.A and Member
Agency. At the option of SCRRA, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions is 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.
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 mad 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.
FORM6
Pa9~ 8 of 11
10/25/96
.
.
10.
C.
.\n: thilure to comply, with reporting or other provisions of the policies including breaches
~.~rranties shall not effect covera,2e provided to SCRRA and .~lember Agency. its subsidiaries.
,,:':'iciuls .~nd emplo.,, ecs.
I'!:,: Contractor in_~urance :,hall apply -~eparatel.,. to each insured against ~,.hom claim is made ,'r
.~u~t is brought, except -.ith respect to the limits or'the insurer's liability.
E.
i~:.:i~ insur:~nc¢ poiic.~ required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either part>.', reduced in coverage or in limits except after thirt-v
o
t30~ da?s' prior ,.,.rirten notice bv certified mail. return receipt requested, has been ~iven to
SCRRA an&'or Xlember Agency.
Course of Construction policies shall contain the following provisions:
A. SCRRA and Member Agency shall be named as loss payee.
Bo
The insurer shall waive,all rights subrogation against SCRRA and Member Agency.
·
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless
othenvise 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.
St/bcontractors
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 Ser~'ices
Approximate daily train traffic is 30
passenger trains and 8
freight'trains.
Submittal
The original insurance policy (s) shall be submitted to:
Manager Public Projects
Southern California Regional Rail Authority
Mailing Address: P.O. Box 86425, Los Angeles, CA 90086-0425
Street Address: 700 S. Flower St, 26th Floor, Los Angeles, CA 90017
Arm: Right of Way Engineer
FORM6 Page 9 of 11. 10/25J96
EXHIBIT "B'*
RAILROAD PROTECTIVE LtAIBILITY POLICY
DECLARATION
POUCY
insuran¢-~ Cnmp2r'.y
Policy N umb¢r:.
Policy Penod. From:
$c. Paul Fire & Mar£ne
KGO8300 i 7 I
9/!2/96 To: 9/12/97
12:01am Sl~ndard brr~ at Iooaticn
NAMED INSURED AND M. AIUNG ADDRESS
Insured:
[~] Sourt-,~rn C4~lrfornia Re-~k~l R.,~I! A~bo,"~
·
P. O. Box ~25. Lo~ m. nge~, CA g0c~:~425 ('700 S. ~ St. ~ Floor. L~ An~es.
[~ Or~r,~ County Tr~m~ ~ (OCTA)
1'"! Rh*e~icie Cou~ 1-r~-~43ort~lio~ ~ (RCTC)
[] ~ Berr~rdino ,~o<J~ Governm~r~ (SANS,aG)
[~] Ventur~ County Tr-ar~por~io~ ~ ¢¢0-[12)
LImiT'S OF INSUR. A. NC5
Aggr'ecjste Limit 6,000,000
f,
DESCRIPTION OF WORK AND JOB LOCATION(S)
Project E94-0 !
Eastern Transportation Corridor
Each ~rrence'Umit 2,000,000
NAMF ^ ND ADDRESS OF DESIGNATED CONTRACTOR
Silverado Constructors
22 Execu~£ve Park, ¢~200
Irv£ne, CA 92714
NAME AND ADDRESS OF INVOLVED GOVERNMENT AUTHORITY OR OTHER CONTRACTING PARTY
Southern California Regional Rail Authority (SCRRA)
P. O. Box 86425
Los Angeles, CA 90086-0425
PREMIUM
C, ontra~--1 Cost T R D..,
Premium Base TBD Rate per 1,000 o~
_
Advance Premium
$2,500
FORM OF ENDORSEi~'ENT
Title
Railroad Protective Liability Coverage Form
California Changes-Cancellation & Nonrenewal
Nuclear Energy Liability Exclusion
N~mb~r
CG0035(6-90)
CG2911 (03-88)
ILO021 (!1-85)
COUNTEP. EdG NATURE
Co~ntemigned 1~
~,,~.p~,~¢~) Lic. ~0B44~39
1/29/97
EXHIBIT "B"
ERTIFICATE OF-INSURANCE .
x. fl.hem ~..,~::::;mia IR6,%i.~,.~I Ra,I AL~orR"y (SCi~, .1:~)
" I ~SSUE DATE
· . · 30/97
..
·
COMPANI~ AFFORDING CO~~
C~PA~ C
t~
: :c :~OBIS03S
.'he L:.~de:~ dcv. pa2Y
......
'000 $- CoLorado 5 '.'¢.
3enver, CO S0222
SURED
$itverado Constructors
22 ExeCutive Park, Suite 200
Irvine, CA 92714
~ rc_~C'~'. N~R i POUCY' E;'~-¢TNE ': PooCY
iKK0830030 lg
; iDIL'C~ L I,IJt,/LJ"FY i '.'
.:
[] crr'H.~ ~ uum.au.~ ;cs~4 i .:
:
6/8/96
~ 6/8/97
.:
:. :
_
Sect. l/4-Righ~ o~ Entry Agreemen~-$amboree Rd.
:
: EAC, H OCC*%IWR$.,NCE : I
Brid~~p~nsion
1,000,000
.
C~T~ HOLDER/ADDITIONAL INSURED
~ SouU~m C~rorni~ R~g~ ~ Authority
P. O. gox 86425 (700 S. Flower St.. ::26b% Flood;. Los Ar~e~s, CA 900~6
13 UTA [] OCTA [] RCTC
ALri'HO~ REPRESENTATIVE ·
C,]_~__rnm~r Service Representative
P~2~5 NO. (303)756-6700 Lic .0B445~
THE FOLLOWING PROVISIONS APPLY:
..: ' EXtliBi;
AUTOMOBILE LIABILITy SpEClAIJ:"jE'N'DO'Rsi:~MENT
SUBMIT IN DUPLICATE
FOR SbUTHERN CALIFORIqlA REGIONAL RAIL A'UTH6'RiTY'iS'CRRA)'
...
~ROOUCER
-~ L:nden Com~"'.'
2C00 5 CoLo,~ ~ vd. ::
Denver. CO JO2''
----
303) 756-6700
L:-c. 0B 18055
NAMED INSURED
Silverado Constructors
22 Executive Park, Suite 200
Irvine, CA 92714
POLICY INFORMATiOI'i:
I'":':"~a:~Ccmr4r'r:. St. ?~,.:,: --:re ¢; :-!ar:ne
F:Fw";°': KKO 5 ~ ;,~; ;') :.
FcgcyFe;cd: (l~rn} 6/ 5' .:6 (":l 6/$/97
LOSSADJUSTMENTF__XpENSE []
' ," 2'.~, 97
[TYPE O F 1 N S U R A N C E ::::i!i :j:':':i.):~:i:': ..!:.:--::'..'--:':.:. iiii ii::' 'ii:/~:; .... :;.-.'ii OTH ER PROVi SlONS
: ' "' ' '" ~ "" ' :' ' ' ' ' ' ' ' ' . - - :"' '- .' '. ; :' .".'.: '/ ":" '...' .. '. - T: .:t .T ·: -:. 'f t' '.'
t~ERCt.aI.AUTO POLICY
~,JSINESSAUTO POLK:Y
OTNF_..R
· ...... .:...... -;..: ; . . , ..- .
Name: Kathy Syhre
1,000,000 peram:identlorbod~injuryandp~per~/¢az,,a~e. /,.clclt~ss: 500 ~. Kr.~er Bird
Rrb.a_; C.A 97~?
7e~l~n~: ~ 572- 722 0
con r,J, decal~c~ oflhe pr ew'~m cha, r ge d ~nd r~ tw~ s ~,t,~'~g eml, hmn~slenl s~le~ntin ~e ~F~ ~
~.m. It Is .gre~ as fol~: ~ ~s ~~n/Is a~dor ~ en~t~nlnow ~ ~aher
~SUR~. ~ ~ sub~s, ele~ed~ ~ledo~s ~de~e es ~e i~ ~ ~s~s~ re.rd lo rabli~ ~ ~fen~ of suits ~ng
~lg U~ON NOT RE~IR~. As re s~s: (=) ~ ~do~d ~ ~e Na~ ~r~ f~ or on ~lf of ~ or (bi ~ ~ ~ ~e
an ~oken c~In of ~vera~ excess o[ ~e Nn~ In~r~ ~u~d ~ng ~ covem~. ~ ei~ evenL
~ ~ ~ e~ed or ~inlH o~ai= n~ em~oyees ~ ~ in excess of ~is in~mn~ a~ ~al ROI ~n~le ~ IL
~e ~bn of any ~m~ or o~g~l~n as ~n in.red ell ~11~e er r~ht ~ ~ch ~ ~ organ~a~ w~ld have ~ a dn~l If ~t ~ In~
CANCE~N NO~ ~ re~ ~ ~e ~tere sls ol ~ ~is Insumn~ ~ ~1 ~ ~n~fl~ or r~u~d in ~vera~ or ~ls ez~
.
PROVI~ONS REG~DING ~E INSURED'S DU~ES.~ faire of ~e Na~d In~ur~ ~ ~m~y ~ re~r6ng ~i~on= or any o~er ~n~n[ of ~e ~ or ~ea~es or
~6ons of~tmn~ ~ ~11 not affe~ c~emge ~ov~ed Io ~ ia e~ed or a~nl~ off~ls and emp~yee =.
S~PE OF COVERAG~ ~Is ~r~. E~I~, aloes c~age at le~l as broad ~:
(1) Insum~ ~s O~ fo~num~tCA~1 (~ !~.~ 1 ~a~ au~o3;or
(~ If ex~s~ affords ~vemge ~ is at ~asl al ~oad as ~e ~ ~ra~e ~s referenc~ ~ ~e ~e~g ~ (1}.
.
apl IS lal~ a~ve ~ ~g here~ ~11 b he~ ~ ~e. a~ or exlend any ol ~e ~ ~~ ~ree~nts or ezc~s of ~e ~ lo ~
. ........ ........ . ...... ~.. . .
AUTHOR~ED
uthem California ReglonaI Rail Authority
~t~l~;~x'~k~'~tkff~J~l~ P. O..Box 86425
~ Angeles, California ~ 90086-0425
ange County-Transportation Authority(OCT
tional Railroad Passenger Corporation
mtrak)
rlipgton Northern Santa Fe Corporation
~tract No.F,_~4-0 !
REPRESENTATIVE ~[] Broker/Agent [~ Under'writer ["']
[} Barbara Jean ~llis __(Prin~ypename).warranlihallhave
aulhority lo bind Ihe above-menlioned insurance company and by my s;gnatur e hereon
do so bind th~ company Io th~s endorsemenL
(or~al$igneturer~q~,'md) Lic. ~OB44539
Telephone: ( 30~ 756-6700 Oa,eS~ned !/29/97
~Fhul
RAILROAD PROTECTIVE LIABILITY POLICY
DECLARATIONS
?olicy No. KG053'0i71
S- ?~'UL '.~:.qCL;RY :NSL,'A-':;C~ CC:.:p-' t'
ST. P~UL GU~,O~,~N ~NSU;-';;CF. CC.'.:~:,y
St Paul. Minnesota
A CAPITAL STOCK COMPANY
:r_vic;ed by :.".e Co..m~:~.y c.'es~;~:.~ :v ;n ~,-,._~
~,,
P01i'cy Period: From 09/12/96 To 09/12/97
BUSINESS DESCRIPTION
Form of Business:
FI Individual. ~ Partnershio
~usiness ,Description:
_JTJ Corporation
Joint Venture C~ Other RAILRO.-'_O
LIMITS OF INSURANCE
Aggregate Limit
Each Occurrence Limit
s 6,000,000.
s 2,000,000.
JOB LOCATION
EASTERN /R.~NSPORTATION CORRIDOR
DESCRIPTION OF WORK
PROJECT E94-01
EASTERN TRANSPORTATION CORRIDOR
DESIGNATED CONTRACTOR AND MAILING ADDRESS
S I LYERADO CONSTRUCTORS
22 EXECUTIVE PARK, #200
IRVINE, CA 92714
NAME AND ADDRESS OF INVOLVED GOVERNMENTAL AUTHORITY OR OTHER CONTRACTING PARTY
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
P. O. BOX 86425 '-
LOS ANGELES, CA
9992 Ed. 11-89 Printed in U.S.~.