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CC - Item 4B - Approval Of Copperative Agreement Between The City Of Rosemead, Alameda Corridor-East Construction And The Union Pacific Railroad Company REgarding The Construction, Operation And Maintenance Of GRade Crossing Safety ImprovementsTO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER ' � DATE: MARCH 26, 2002 SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROSEMEAD, ALAMEDA CORRIDOR -EAST CONSTRUCTION AND THE UNION PACIFIC RAILROAD COMPANY REGARDING THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF GRADE CROSSING SAFETY IMPROVEMENTS Alameda Corridor -East (ACE) staff inadvertently omitted the Walnut Grove Avenue grade crossing from the agreement to be considered for approval at the March 26, 2002 City Council meeting. This location should be included and made part of the agreement. Attached is a copy of the plan for the Walnut Grove Avenue safety improvements for your review. It is recommended that the City Council approve the ACE agreement with the inclusion of Walnut Grove Avenue. Attachment C!Oli ! r Asa MAR 2 6 2002 ITEM M10.�� March 20, 2002 Page 2 UPRR's work and to facilitate Rosemead's acceptance of the completed grade crossing improvements for operation and maintenance, ACE has requested that the City enter into a. cooperative agreement outlining the responsibilities of each agency regarding construction, operation and maintenance of the improvements. The grade crossing improvements will not cause an increase in the City's expenditures for public works maintenance activities. UPRR will continue to be responsible for operation and maintenance of the warning signals and controls within the railroad right -of -way. The City will continue to maintain the right -of -way improvements, such as pavement, curb, gutters, medians, signing and striping, etc. RECOMMENDATION It is recommended that the City Council approve the cooperative agreement and authorize the Mayor to the agreement. Attachment �OPCORRIDO� Q� ACE Alameda Corridor -East Construction Authorit 4900 Rivergrade Rd., Ste. A 120, Imndale, LA 91706 (626) 962 -9292 fax (626) 962 -3552 www.theaceproject.org RION N January 8, 2002 Mr. Ken Rukavina, City Engineer City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 Subject: Grade Crossing Improvements Project Rosemead Standard Form Agreement File: G20.04 07(a) Dear Mr. Rukavina: Enclosed are three copies of a Standard Form Agreement for the construction, operation and maintenance of "Jump Start" grade crossing safety improvements in your city. ACE has authorized Union Pacific Railroad (UPRR) to order material and perform signal and track force account work at Jump Start project locations in your city, at no cost to Rosemead. Some of this work has been completed. ACE and Rosemead have previously executed an agreement for the design and construction of ACE projects within your jurisdiction, and obtained your approval of our design plans. The attached operation and maintenance agreements include the appropriate provisions of the state Public Utilities Commission General Codes and Federal Railroad Administration Regulations. The enclosed agreement formalizes ACE's authorization of UPRR's work, and facilitates Rosemead's eventual acceptance of its portions of the Jump Start improvements upon ACE's and UPRR's completion of their work. This Standard Form Agreement was circulated to ACE's member cities through ACE's Technical Advisory Committee meetings in August, September and October, 2000. UPRR agreed to its use on November 14, 2000. Please have all three copies of the agreement signed. We will circulate them to UPRR and return your signed original to you. The ACE Construction Authority has enjoyed working with the City of Rosemead on this important project. If you have any questions please call me (626) 962 -9292, or email at bruceaQ..theaceproi ect. org. Sincerely, Bruce Armistead Senior Project Manager Enclosures AC001315 GRADE CROSSING CONSTRUCTION, OPERATION AND MAINTENANCE STANDARD. FORM AGREEMENT THIS AGREEMENT, made this _ day of , 2002, is by and between THE UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, hereinafter termed the "UNION PACIFIC ", the AL.AAIEDA CORRIDOR — EAST CONSTRUCTION AUTHORITY OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, a joint powers authority of the State of California, herein termed "ACE ", and THE CITY OF ROSEMEAD , a political subdivision of the State of California, herein termed "LOCAL AGENCY"; RECITALS UNION PACIFIC is a railroad corporation operating through and local freight train movements over its Los Angeles Subdivision and Alhambra Subdivision main lines in the San Gabriel Valley area of Los Angeles County. ACE is a joint powers authority created to design and build the Alameda Corridor - East Project (the "Project "), which includes improvement of at -grade street, road and highway crossings of UNION PACIFIC's main lines in the valley. The LOCAL .AGENCY has primary responsibility for the operation and maintenance of streets and roads within its jurisdictional limits, ACE - Union Pacific -Local Agency 1 - Standard Form Agreement 11/14/2000 - Final for Grade Crossings CITY OF ROSEMEAD including the de'signated at -grade crossings of one of the UNION PACIFIC main lines which will be improved by ACE. The LOCAL AGENCY and ACE desire to undertake improvements to the designated grade crossings shown in attached Exhibit `:A" (collectively the "Improvements "). ACE has already executed an agreement with the Local Agency authorizing ACE to obtain approvals and permits from UNION PACIFIC on the LOCAL AGENCY's behalf for design and construction of the Improvements within the LOCAL AGENCY's jurisdiction. That agreement allows the LOCAL AGENCY and ACE to jointly negotiate an agreement with UNION PACIFIC for construction, operation and maintenance of the Improvements. ACE and UNION PACIFIC have also entered into a Master Agreement for construction, operation and maintenance of all Project Improvements. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: AGREEMENT ARTICLE 1. UNION PACIFIC GRANTS RIGHT: 1.01. Grant of rieht to construct and maintain Improvements. In consideration of ACE's and LOCAL AGENCY's agreement to perform and abide by the ACE - Union Pacific - Local Agency - 2 - Standard Form Agreement 11/14/2000 - Final - for Grade Crossings CITY OF ROSF,MEAD covenants, terms and.conditions of this Agreement, including attached Exhibits "B" and "B-l", UNION PACIFIC hereby grants to ACE, and to the LOCAL AGENCY to the extent required for the performance of LOCAL AGENCY'S obligations hereunder, the right to construct, and to the LOCAL AGENCY and ACE the right to operate, maintain, repair, rehabilitate and replace the Improvements shown in Exhibit "A ". 1.02 Grant of Right -of -Way. Where the Improvements include Project Elements such as new sidewalks or street widening that require the permanent use of additional UNION PACIFIC property outside existing dedicated roadway J encroachments, such additional property is shown in attached Exhibit "A -1" and described in attached Exhibit "A -2 ". 1.03 Interpretation of Exhibit `B ": The term "Political Body" as used in Exhibit "B" shall be construed to mean both ACE and the LOCAL AGENCY, collectively, except as the one is distinguished from the other within the present agreement. If there is a conflict between terms of the present agreement and Exhibit `B ", the present agreement shall take precedence. ARTICLE 2.CONSTRUCTION - WORK TO BE PERFORMED BY UNION PACIFIC 2.01 Work to be performed by UNION PACIFIC: UNION PACIFIC shall perform the railroad work to the extent identified on Exhibits A and C at the sole cost and expense of ACE. UNION PACIFIC shall make any and all changes, alterations or relocations, whether temporary or permanent, and may provide ACE - Union Pacific - Local Agency - 3 - Standard Form Agreement 11/14 /2000 -Final for Grade Crossings CITY OF ROSEMEAD flagging and other protective services and devices, which in UNION PACIFIC's judgment may be or may become necessary or expedient because of the Improvements. Such work shall include: (1) rearrangement, renewal and replacement of automatic grade crossing warning devices, train detection constant warning time devices and track circuits, and related railroad signal and communications facilities, and; (2) installation of manufactured grade crossing surface panels, crosstie and track hardware changeout as may be necessary for the Improvement. The estimated cost of UNION PACIFIC's work is shown in Exhibit "C ". ARTICLE 3. CONSTRUCTION - WORK TO BE PERFORMED BY ACE 3.01 Work to be performed by ACE: ACE shall do all work shown on Exhibit "A ", including site preparation; construction of pavement, sidewalk, drainage structures, curb and gutter; installation of traffic control striping, signage, signals, signal controllers; and design and initial programming of traffic signal controllers, except for any work shown on Exhibits "A" and "C" as UNION PACIFIC's work. 3.02 If work is to be performed by contractor: ACE shall require any and all of ACE's prime contractors to complete and submit an application for, and to execute when prepared, a UNION PACIFIC right -of -entry agreement as shown in Exhibit B -1, prior to prime contractor's entry on to UNION PACIFIC property. ACE will require each prime contractor to maintain an active and valid ACE - Union Pacific - Local Agency - - 4 - Standard Form Agreement 11/14/2000 -Final for Grade Crossings CITY OF ROSEMEAD right -of -entry permit throughout the entire period of the prime contractors' activity or occupancy of UNION PACIFIC right -of -way. ACE will further require that each prime contractor obtain subcontractor acknowledgment that the terms of the right of entry permit apply equally to all subcontractors. 3.03 Insurance: To the extent insurance as required by UNION PACIFIC as described in Exhibit `B -1" is not already provided for by other existing and active ACE - UNION PACIFIC agreement or agreements, ACE and ACE's prime contractors will provide and maintain valid certificates of insurance issued by r their insurance carriers providing the insurance coverage required pursuant to Exhibit `B -1 ". The certificates of insurance shall indicate that the insurance policies contain endorsements specifically naming UNION PACIFIC Railroad Company as additionally- insured entities with respect to all liabilities arising out of Insured's performance of the work required for construction of the Improvement. If the prime contractors retain subcontractors to perform any work on UNION PACIFIC's property, the prime contractor will arrange for its required insurance policies to provide coverage for the subcontractor, or if this is not the case, the prime contractor will require the subcontractor to furnish its own insurance certificates to UNION PACIFIC meeting or exceeding the limits required of the prime contractor. ARTICLE 4. OPERATION AND MAINTENANCE OF THE IMPROVEMENT: 4.01. By UNION PACIFIC: UNION PACIFIC shall operate and maintain ACE - Union Pacific - Local Agency - 5 Standard Form Agreement 11/14/2000 - Final for Grade Crossings CITY OF ROSEMEAD railroad crossing signs and automatic warning signals at the grade crossings as required under Title 49, Parts 212 and 234 of the Code of Federal Regulations and California Public Utilities Commission (CPUC) General Order 75 -C. The maintenance cost of automatic grade crossing warning signals and controls shall be shared equally by the LOCAL AGENCY and UNION PACIFIC in accordance with Public Utilities (PU) Code §1202.2 of the California state statutes, except that the LOCAL AGENCY'S liability therefore shall be limited to such funds as may be set aside for allocation through the CPUC pursuant to PU Code §1231.1. UNION PACIFIC will, at its expense, maintain those portions of the crossing surfaces lying between the rails and two feet outside of the rails, parallel to the track; and roadway pavement between any two tracks 15 feet or less apart, pursuant to CPUC General Order 72 -B. 4.02. By ACE and LOCAL AGENCY: ACE shall operate and maintain any portion of the Improvements, including streetlighting, pavement, sidewalks, curb and gutter, raised medians, and traffic striping and signage within the UNION PACIFIC right -of -way other than specified to be maintained by UNION PACIFIC in above Section 4.01, until such time as ACE transfers and the LOCAL AGENCY accepts all such obligations including the ownership, operational and maintenance responsibilities for the Improvements as provided for in the ACE — LOCAL AGENCY agreement. Further, ACE will operate and maintain traffic signal, traffic signal controllers and controller programming installed or modified as part of the Improvements until such ACE -Union Pacific - Local Agency - 6 - Standard Form Agreement 11/14/2000 - Final for Grade Crossings CITY OF ROSEMEAD time as ACE transfers and the LOCAL AGENCY accepts ownership, operational and maintenance responsibilities for these facilities. ACE will notify UNION PACIFIC in writing when ACE transfers and the LOCAL AGENCY accepts any operational and maintenance responsibilities under this subsection. 4.03 Railroad Preemption of Traffic Signals — Maintenance of Programming: Where automatic grade crossing warning signals and adjacent traffic signals are electrically interconnected to provide railroad preemption of traffic signal operations, UNION PACIFIC and the LOCAL AGENCY will post in their respective signal control shelters or cabinets a notice similar to attached Exhibit "D ". The LOCAL AGENCY shall maintain any traffic signal — grade crossing signal interconnection conduit and wiring on UNION PACIFIC's right -of -way up to UNION PACIFIC's signal shelters or cabinets. The LOCAL AGENCY shall notify and obtain a right -of -entry from UNION PACIFIC prior to maintenance of conduit,or wiring on UNION PACIFIC property. The LOCAL AGENCY will periodically check that the preemption of the traffic signals by the grade crossing warning system is working as designed, in accordance with the railroad preemption recommendations contained in The State of California Department of Transportation's Traffic Manual. Before changing traffic light operation or phasing which could affect the duration or phasing of railroad preemption the LOCAL AGENCY will notify and consult with UNION PACIFIC, and UNION PACIFIC will notify and consult with the LOCAL ACE - Union Pacific - Local Agency -7 - Standard Form .Agreement 11/14 /2000 -Final for Grade Crossings CITY OF ROSEMEAD AGENCY prior to making any changes in railroad crossing warning signal advance warning time. ARTICLE 5. FUTURE RECONSTRUCTION OR ALTERATION OF THE EvIPROVEMENTS: 5.01 Apportionment of future reconstruction or alteration expenses: For the purposes of apportioning costs of any future reconstruction or alteration of the grade crossings which are Improvements as defined herein, the party requesting the reconstruction or alteration shall be responsible for all costs of the change. A proposal by UNION PACIFIC to add a track through the crossing based solely on the operation of freight trains and which results in a significant change in grade will be assumed to require design and construction of new highway profile grade lines at UNION PACIFIC's cost. A proposal by UNION PACIFIC to add a track through the crossing based solely on the needs of passenger or commuter train service (or for joint freight and passenger purposes) will be deemed to be at the sole cost and expense of parties other than UNION PACIFIC. Routine or program maintenance of the existing track or tracks which results in a minor change in grade will not obligate UNION PACIFIC to bear the cost of any corresponding change in the highway profile grade. A proposal by the LOCAL AGENCY to change highway profile grade lines or widen the highway or its sidewalks, or any other similar project will be assumed to require design and construction of any necessary grade crossing surface and track alterations and additional warning devices at the LOCAL AGENCY's sole cost and expense. ACE - Union Pacific - Local Agency S - Standard Form Agreement 11/14/2000 - Final for Grade Crossings CITY OF ROSEMEAD ARTICLE 6. MUTUAL INDEMNIFICATION AND HOLD HARMLESS CLAUSES 6.01. By ACE: Neither UNION PACIFIC nor the LOCAL AGENCY, nor any of their Board members, elected officials, shareholders, officers, employees, agents, or contractors shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of ACE or its prime or subcontractors under or in connection with any work, authority or jurisdiction assigned or delegated to ACE under'this agreement. The parties understand and agree that ACE and SGVCOG shall fully indemnify, defend and hold UNION PACIFIC and the LOCAL AGENCY, their Board members, elected officials, shareholders, officers, employees, agents, and contractors harmless from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), or claims imposed for damages of any nature whatsoever, including but not limited to, bodily injury, death, persona] injury, or property damage occurring by reason of any acts or omissions on the part of SGVCOG, ACE, its Board, officers, employees, agents, contractors, subcontractors or volunteers under or in connection with any work, authority or jurisdiction assigned or, delegated to ACE under this agreement. This indemnity shall survive termination of this agreement. 6.02 By UNION PACIFIC: Neither SGVCOG, nor ACE, nor the LOCAL AGENCY, their Board members, elected officials, officers, employees, agents, or volunteers shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of UNION PACIFIC under or in connection with any work, authority or jurisdiction assigned or delegated to UNION ACE - Union Pacific - Local Agency - 9 - Standard Form Agreement 11/14/2000 - Final for Grade Crossings CITY OF ROSEMEAD PACIFIC under this agreement. Theparties understand and agree that UNION PACIFIC shall fully indemnify, defend and hold SGVCOG, ACE and the LOCAL AGENCY, their Board members, elected officials, officers, employees, agents, and volunteers harmless from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), or claims imposed for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage occurring by reason of any acts or omissions on the part of UNION PACIFIC, its Board, shareholders, officers, employees, agents, and contractors under or in connection with any work, authority or jurisdiction assigned or delegated to UNION PACIFIC under this agreement. This indemnity shall survive termination of this agreement. The obligations of UNION PACIFIC under this subsection 6.02 shall not in any manner apply to or be enforced or invoked by any consultants, prime contractors or subcontractors of ACE or the LOCAL AGENCY, and the rights and obligations of UNION PACIFIC and such entities shall be governed exclusively by the terms of the right of entry agreements executed by such entities in order to gain access to UNION PACIFIC property. 6.03. By LOCAL AGENCY: Neither UNION PACIFIC nor the SGVCOG, nor ACE, and any of their Board members, elected officials, shareholders, officers, employees, agents, or contractors shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of the LOCAL AGENCY under or in connection with any work, authority or jurisdiction ACE - Union Pacific - Local Agency 10 - Standard Form Agreement 11/14/2000 - Final for Grade Crossings CITY OF ROSEMEAD assigned or delegated to the LOCAL AGENCY under this agreement. The parties understand and agree that the LOCAL AGENCY shall fully indemnify, defend and hold UNION PACIFIC, the SGVCOG, and ACE, their Board members, elected officials, shareholders, officers, employees, agents, and contractors harmless from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), or claims imposed for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage occurring by reason of any acts or omissions on the part of the LOCAL AGENCY, its elected officials, officers, employees, agents, prime contractors, subcontractors or volunteers under or in connection with any work, authority or jurisdiction assigned or delegated to the LOCAL AGENCY under this agreement. This indemnity shall survive termination of this agreement. ARTICLE 7. TERM 7.01. This Agreement shall become effective as the date herein first written, and shall continue in full force and effect until terminated by mutual consent by the parties. ARTICLE 8. SUCCESSORS AND ASSIGNS 8.01 The covenants and provisions of the foregoing instrument shall be binding upon and inure to the benefit of the successors and assigns of UNION PACIFIC, ACE and the LOCAL AGENCY ACE - Union Pacific - Local Agency • ] 1 - Standard Form Agreement ttnaiz000 -Final for Grade Crossings CITY OF ROSEMEAD IN FITNESS WHEREOF the parties hereto have duly executed this agreement the day and year first above written. CITY OF ROSEMEAD By: Its APPROVED AS TO FORM: UNION PACIFIC RAILROAD COMPANY By: Its ALAMEDA CORRIDOR — EAST CONSTRUCTION AUTHORITY OF THE SAN' GABRIEL VALLEY COUNCIL OF GOVERNMENTS By: Its ACE - Union Pacific - Local Agency 11/14/2000 - Final 12- Standard Form Agreement for Grade Crossings CITY OF ROSEMEAD List of Exhibits UPRR work authorized and Summary of Exhibit "C" Cost Estimates for Jump Start Grade Crossing Projects in Rosemead[ 1]: Grade Crossing CPUC U.S.DoT/ UPRR Work Order UPRR Work Order Location Number FRA Number - Signal cost Number — Crossing Number estimate surface cost estimate W.O. #03124; Encinitas Ave. B — 492.60 746886K $129,806 PID 40801; $24.454 W.O. #03116; Lower Azusa Road B — 492.70 746887S $196,164 PID 41917; 520,027 W.O. #02248; FTem le City Blvd. B - 493.30 746889F $227,834 PID 41918; 511.021 Exhibit A: Plan Views of Jump Start Improvements (Three 11 "x17" Sheets) Exhibit B: UPRR's "Contractor's Right -of -Entry Agreement" with Insurance Exhibits (A & A -1) and Application for UPRR Right- of -Entry Agreement (Eleven 8t /z "x 11" Sheets). Exhibit C: UPRR Force Account Work Estimates Already Authorized by ACE (Six 8' /z "x 11" Sheets) 1. Jurisdiction over the roadway approaches into the Encinita and Lower Azusa crossings is shared with the City of Temple City. Jurisdiction over the roadway approaches into the Temple City Blvd crossing is shared with the Cities of Temple City and El Monte. . ACE - Union Pacific - Local Agency - 13 - Standard Form Agreement 11/14/2000 - Final for Grade Crossings CITY OF ROSEMEAD Exhibit A: Plan Views of Jump Start Improvements (Three I 1 "x17' Sheets) ACE - Union Pacific - Local Agency - 14 - Standard Form Agreement 11/14 /2000 -Final for Grade Crossings CITY OF ROSEMEAD I wX 1 �m it II I 1 II I %I II it • i I^ it I I 'w 1 I I I I II I I I liI it CLANTON ST. I _,N ry T � I a I 1 , ,I. I I II 15 II 11 I ' I I II I I1 11 -_ ag N ST. I II x E11iSnNG 'c I -- 21, �� I ° I r I I $ III vm I� NNp 44A mK °~ E, 12 J vi I2�] 35 I STA ,NBB 84U I' I BEGINS $TX12 -M.t5 v zz EM MIN EXISTMG ��STA 1J.3101 c D I � � R `7 Li m I I I u � � IYIry 5 1 I Z I r f•I D II < _ I I II J -k II 11 1 , U � I I' I 1 I; I II I -TI I 1� Z m ill'i F-0 n cyi n N Z rni m m 1 :1% I c j�l1 I' � rw 1 H q N 0 4 b y 1 S mm s Hm �yp> K so 9Nq ° 1 I� N r V r m n� 0 cz r m < D 'V 0 z 0 0 z !7 0 O Z Z z K m In A D 0 0 x m m 0 z r 113 vi o� sr i a In �i z 10 £b.p b p �yF I XC Ac v a Hm �yp> K so 9Nq ° 1 I� N r V r m n� 0 cz r m < D 'V 0 z 0 0 z !7 0 O Z Z z K m In A D 0 0 x m m 0 z r ji clTV oF' MPIE GTY I 0 0000 O 00000 > e° A A A A y A A A A A A A �y it• II • Paq �L qF I U -L o m.x 7 I I 1 0 A u A II i z s F qqv F 17- IV IV I1 I A $ m N li I I y I� I O �• A F In A SN _ n $ bg OIN E ISTI 5 (PING ° tj 11 17• 11• 11 17.1 I Exhibit B: UPRR's "Contractor's Right -of -Entry Agreement" with Insurance Exhibits (A & A -1) and Application for UPRR Right- of-Entry Agreement (Eleven 8% "x 11" Sheets). J ACE - Union Pacific - Local Agency - 15 - Standard Form Agreement 11/14/2000 -Final for Grade Crossings CITY OF ROSEMEAD Contractors Right of Entry - 07/01/00 Attachment 1 Folder No. Form Approved - AVP Law . CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of 20_, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter referred to as the "Rail- road"); and a corporation (hereinafter referred to as the "Contractor'). RECITALS: Contractor has been hired by perform work relating to (the 'work"), partially located on property of Railroad in the vicinity of [, which Work is the subject of a Contract dated _ (hereinafter " ') to between gad and I Contractor has requested Railroad to permit it to perform the work on Railroad property, and Railroad is agreeable thereto, subject to the following terms and conditions. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the. Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR For purposes of this agreement, all references in this agreement to the Contractor shall include the Contractors contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED; PURPOSE The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and .have ingress to and egress from the property described in the Recitals for the purpose of performing any work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS A AND A -1 ID The terms and conditions contained in Exhibits A and A -1, attached hereto, are hereby made a part of this agreement 0306 Contractor's Right of Entry - 07101!00 Folder No. Form Approved - AVP Law JOCLE 4 . ALL EXPENSES TO BE BORNE BY CONTRACTOR: RAILROAD REPRESENTATIVE The Contractor shall bear any and all costs and expenses associated with any work perfarmed by the Contractor, or any costs or expenses incurred by the Railroad relating to this agreement. All work performed by Contractor on Railroad's property shall be performed in a manner satisfactory to the Railroad's or his authorized representative (hereinafter the "Railroad Representative ") identified below: ARTICLE 5 - TERM: TERMINATION The grant.of right herein made to Contractor shall commence on the date of this agreement, and continue until unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad property. b). This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 6 - CERTIFICATE OF INSURANCE a). Before commencing any work, Contractor will provide Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit A -1 of this agreement in a policy which contains the following type of endorsement: Union Pacific Railroad Company is named as additional insured with respect to all liabObes arising out of Insured's, as Contractor, performance of any work on the property of the Railroad. aoContractor warrants that this agreement has been thoroughly reviewed by its insurance agent(sybroker(s) and that said gt(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. c). All insurance correspondence shall be directed to: Union Pacific Railroad Company [Insert mailing address) Attn: ARTICLE 7 - CHOICE OF FORUM This agreement shall be governed, construed and enforced in accordance with the laws of the state of 'Litigation arising out of or connected with this agreement may be instituted and maintained in the courts of the states of Nebraska and only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. ARTICLE B - DISMISSAL OF CONTRACTORISUBCONTRACTOR EMPLOYEE At the request of Railroad, Contractor shall remove from Railroad property any employee of Contractor or any subcontractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of- Contractor shall be suspended until such removal has occurred. Contras shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad property. 0307 Contractor's Right of Entry - 07/01/00 Form Approved - AVP Law IMLE 9 - ADMINISTRATIVE FEE Folder No. Dollars as reimbursement Contractor shall pay to Railroad (5 ) for clerical, administrative and handling expenses in connection with the processing of this agreement. ARTICLE 10 - SPECIAL PROVISIONS a). No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad: b). Explosives or other highly flammable substances shall not be stored on Railroad property without the prior written approval of the Railroad Representative. written. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as of the date first herein ame of Contractor) UNION PACIFIC RAILROAD COMPANY By. 0308 -Contractor's Right of Entry - 07/01/00 Folder No. Form Approved - AVP Law EXHIBIT A TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. a. The Contractor agrees to notify the Railroad Representative at least 10 working days in advance of Contractor commencing its work and at least 10 working days in advance of proposed performance of anyworh bythe Contractor in which any person or equipment will be within 25 feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within 25 feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such 10-day notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Contractor shall promptly pay to Railroad all charges connected with such services within 30 days after presentation of a bill therefor. b. The rate of pay per hour for each man will be the prevailing hourly rate in effect for an eight hour day for the class of men used during regularly assioned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health & welfare, supplemental sickness, Railroad Retirement & UC, supplemental pension, Empl. Liability & Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect on the day of execution of this agreement. One and one -half times the current hourly rate is paid,for overtime, Saturdays and Sundays; two and one -half times current hourly rate for holidays. Wage rates are subject to change, at any OR by law or by agreement between the railroad and its employees, and may be retroactive as a result of negotiations or a of an authorized Governmental Agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, the Contractor shall pay on the basis of the new rates and charges. C. Reimbursement to the Railroad will be required covering the full eight hour day during which any flagman is furnished, unless he can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work Reimbursement will also be required for any day not actually worked by said flagman following his assignment to work on the projectforwhich the Railroad is required to pay the flagman and which could not reasonably be avoided by the Railroad Company by assignment of such flagman to other work. even though the Contractor may not be working during such time. When it becomes necessary for the Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, the Contractor must provide the Railroad a minimum of 5 days notice prior to the cessation of the need for a flagman. If 5 days notice of cessation is not given, the Contractor will still be required to pay flagging charges for the 5 day notice period required by union agreement to be given to the employee, even though flagging is not required for that pad. An additional 10 days notice must then be given to the Railroad if flagging service are needed again after such five day cessation notice has been given Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED a. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of the Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Railroad without liability to the Licensee or to any other_ party for compensation or damages. _.._... - .- - - - - -- — - - b. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and I es of the Railroad's property, and others) and the right of the Railroad to renew and extend the same, and is made without Vant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH RAILROAD'S OPERATION. E#ilbit A Pape l of 4 Folder No. lontractor's Right of Entry - 07101 /00 Form Approved - AVP Law aNo work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless speVffically permitted under this agreement, or specifically authorized in advance by the Railroad Representative. Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the safety thereof. When not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings. Section 4. MECHANIC'S LIENS. The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. ,The Contractor shall not create, permit or suffer any mechanic's or materislmen's livens of any kind or nature to be created or enforced against any property of the Railroad for any such work performed. The Contractor shall indemnify and hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in anyway connected with or growing out of such work done, labor performed, or materials furnished. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone the Railroad during normal business hours (7:00 am. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800- 336 -9193 (also a 24 -hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. if rT is, Contractor will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, and will commence no work on the right of way until all such protection or relocation has been accomplished. b. In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify and hold the adroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, I ion of the court costs and expenses) arising out f any or act or onion of any telecoommun�cations system on Railroad's property. and/or (2) causes or contributes to (1) y any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or- revenue or loss of service or other consequential damage to a tele Pmmunicalion company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 6. 'COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement, the Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work The Contractor shall use only such methods as are consistent with safety, the Railroad oncernstthe public factor, the The actor's agents and employees, the officers, agents, employees and property limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's property. If any failure by the Contractor to comply with any such laws, regulations, and enactments, shall result in any fine, penalty; cost or charge being assessed, imposed or charged against the Railroad, the Contractor shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attomeys' fees, court costs and expenses. The Contractor further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. Section 7. SAFETY INSTRUCTIONS. Safety of personnel, property, rail operations and the public is of paramount importance 'm the prosecution of the Work uant to this agreement. As reinforcement and in furtherance of overall safety measures to be observed bythe Contractor not by way of limitation), the following special safety rules shall be followed: Exhibit A 0-.0 9 ofd 1 1 9 1 n Contractor's Right of Entry - 07101/00 Form Approved - AVP Law Folder No. P a. The Contractor shall keep the job site free from safety and health hazards and ensure that its employees are etent and adequately trained in all safety and health aspects of the job. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during the work performed on the job site. The Contractor shall have a non delegable duty to control its employees while they are on the job site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee. b. The employees of the Contractor shall be suitably dressed to perform their duties safety and in a manner that will not interfere with their vision, hearing or free use of their hands or feet. Only waist length shuts with sleeves and trousers that cover the entire leg are to be wom. If flare - legged trousers are wom, the trouser bottoms must be tied to prevent catching. The employees should wear sturdy and protective work boots and at least the following protective equipment (1) Protective head gear that meets American National Standard- ZB9.1- latest revision: It is suggested that all hardhats be affixed with Contractor's or subcontractor's company logo or name. (2) Eye protection that meets American National Standard for occupational and educational eye and face protection, Z87.1- latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc.; and (3) Hearing protection which @fiords enough attenuation to give protection from noise levels th at will be DrCUn ing on the job site. C. All heavy equipment provided or leased by the Contractor shall be equipped with audible back -up warning devices. If in the opinion of the Railroad Representative any of Contractor's or any of its subcontractors equipment is unsafe for use on the Railroad's right -of -way; the Contractor, at the request of the Railroad Representative, shall remove such ment from the Railroad's right -of -way. Msection 8. INDEMNITY. a. As used in this Section, "Railroad" includes other railroad companies using the Railroad's property at or near the location of the Contractor's installation and their officers, agents, and employees; 'Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Railroad's officers, agents, and employees, the Contractor's officers, agents,,and. employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to the roadbed, tracks, equipment or other property of the Railroad, or property in its care or custody). b. As a major inducement and in consideration of the license and permission herein granted, the Contactor agrees to indemnify and hold harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under this agreement, a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission or negligence arising out of performance or nonperformance of this agreement regardless of whether contributed to in part by the negligence or fault of Railroad. However, the Contractor shall not indemnify the Railroad when the Loss is caused by the sole negligence of the Railroad. C. Any liability of either party hereunder to one of its employees under any Workers' Compensation Act Federal Employers' Liability Act shall not be questioned or in any way challenged by the other party, nor shall anyjury or court findings resulting from any employee's suit against either party pursuant to any such Act(s) be relied upon or used b'y either party in any attempt to assert common law liability against the other. Section 9. RESTORATION OF PROPERTY. In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or Wb any of the other property of the Railroad in connection with the work to be performed by Contractor, then in that event ontractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. The Exhibit A 1 -.. x101 t Folder No. Contractor's Right of Entry - 07/01/00 Form Approved - AVP Law �ctor shall remove all of Contractors tools, equipment and materials from Railroad's property promptly upon completion of !!�9ork, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF BREACH. waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof. Section 11. ASSIGNMENT - SUBCONTRACTING. The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of the Rairoad shall be void. If the Railroad gives the Contractor permission to subcontract all or any portion of the work herein described, the Contractor is and shall remain responsible for all work of subcontractors and all work of subcontractors shall be governed by the terms of this agreement. � J 1 Ert,ib t A 0 312 -- Contractor's Right of Entry - 07/01/00 Folder No. Form Approved - AVP Law Exhibit A -1 UNION PACIFIC RAILROAD CONTRACT INSURANCE REQUIREMENTS Third Party Contractors Right Of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: (a) General Liability insurance providing bodily injury, including death, personal injury and property damage coverage with a combined single limit of at least 52,000,000 each occurrence or claim and an aggregate limit of at least; S4 000000': This insurance shall contain broad form contractual liability with a separate general aggregate for the project (ISO Form CG 25 03 or equivalent). Exclusions for explosion, collapse and underground hazard shall be removed. Coverage purchased on a claims made form shall provide for at least a two (2) year extended reporting or discovery period if (a) the coverage changes from a claims made form to an occurrence form, (b) there is a lapse /cancellation of coverage, or (c) the succeeding claims trade policy retroactive date is different for the expiring policy. (b),,._ Automobile Liability insurance providing bodily injury and property damage coverage wdha.combuied single limits of at least 52;000,000 each occurrence or claim This insurance shall cover all motor vehicles including hired and non-owned, and mobile equipment if excluded from coverage under the general public liability insurance. (c) Workers' Compensation insurance covering Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement, and Employers' Liability. If such insurance will not cover the liability of Contractor in states that require participation in state workers' compensation fund. Contractor shall comply with the laws of such states. If Contractor is self - insured, evidence of state approval must be provided. (d) Railroad Protective Liability insurance naming the Railroad as the insured with a. combined single limit;of $2,000,000 per occurrence with a 56,000,000 aggregate.zThe policy shall be broad form coverage for'Physical Damage to Property" ALSO Form CG 00 35 or equivalent) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 28 Contractor and its insurers shall endorse the required insurance policy(ies) to waive their right of subrogation against Railroad. Contractor and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under its care, custody and control. Contractor's insurance shall be primary with respect to any insurance carried by Railroad. The policy(ies) required under (a) and (b) above shall provide severability of interests and shall name Railroad as an additional insured. Prior -to commencing _,the= Work;.Contractor shall furnish to Railroad- :certificate(s) of insurance evidencing the required coverage'an8 endorsements and upon request, a certified duplicate original of any required policy.,,Tne certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing of any material alteration including any change in the retroactive date in any "claims -made" policies or substantial reduction of aggregate limits, if such limits apply, or any cancellation at least thirty (30) days prior thereto. The insurance policy(ies) shall be written by a reputable insurance company(ies) acceptable to Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the state(s) in which the Job Site is located. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(sybroker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement If Contractor fails to procure and maintain insurance as required, Railroad may elect to do so at the cost of Contractor. The fact that insurance is obtained by Contractor shall 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 Railroad shall not be limited by the amount of the required insurance coverage. A R 1 .i Ll A APPLICATION 1). Name of Licensee: (Name to be shown on Document) a). if a corporation - (Exact Name of Corporation) a corporation of the State of (State of Incorporation) NOTE: The corporate name of a company should be exactly as stated in its Articles of Incorporation. Type of Corporation, if other than a normal business corporation (this MUST be shown): b). if an Individual - 2). 3). (Municipal, quasi - municipal, body politic, etc.) (Name of individual) of (City & State) c). if an individual or corporation doing business under a trade name: d). If a partnership - a partnership consisting of: and all of (Doing Business As or Trade Name) (Name of Partnership) (City & State) Name and mailing address of individual to whom instrument is to be sent for execution: (Name & Address) , Address (billing address) to be shown on document if different than that shown in Item 2. (Address) 0314 04). Name and phone number of individual to contact in event of questions: 5). 6). 7). 8). A 9) 10). 10 FAX #1 Time period of your project and use of the Railroad Company's property? (Proposed start/stop dates:) Start: Stop: When do you need to receive this agreement from the ease allow 30-45 days for processing of this request) Will there be any activity, material, vehicles or equipment within 50 feet of a railroad track in connection with your project? Yes/NO (If 'Yes', Railroad Protective Liability Insurance will be required.) Within 25 feet? Yes/No (If 'Yes', Railroad Flagman will be required at your sole cost) Will there be any excavation involved? Yes/No (If 'Yes', include shoring plans in compliance with attached Railroad Company standards) Site Location (City, County & State): Railroad Site Location Information (Railroad Mile Post, Subdivision, or any other pertinent location information. Attach map /site plan.): Purpose of your request (This must be detailed & complete; attach engineering plans, shoring plans, if applicable, and details to supporl): ® RAILROAD PROTECTIVE LIABILITY INSURANCE ($2,000,000 per occtrr7ence/$6,000,000 aggregate) 1) 2) 3) Name and address ofUPRR Representative: UPRR Contract Folder Number: Description of Operations: 4) Complete Appropriate Project Information: Pipcline/'%vjreline Project (fill in linear footage within Railroad Right -of -Way) a) Traverse Overhead b) Traverse Underground c) Longitudinal Underground d) Longitudinal Overhead _ e) Other OR Other Construction Project (total project cost cannot exceed $5,000,000.) a) Subsurface Soil/Sediment Samples b) Hand Held Auger Borings c) Soil Gas Survey Points d) Boring Drilled w /Soil Samples e) Temporary Piezometer Wells f) Temporary Monitoring Wells g) Recovery Wells w /above ground equipment h) Recovery Systems & Above Ground Equipment i) ' Other Construction Project (Describe Fully) Total Project Cost is S 5) Job Location: 6), Stan and End Dates of Work within Railroad Right -of -Way 7) Designated Contractor: Mailing Address: 8) Name of involved Governmental Authority or other Contracting Party: Mailing Address: 9) Cost of Railroad Protective Liability coverage for this project $ THIS COVERAGE WILL NOT BEGIN UNTIL THE UNION PACIFIC RAILROAD REPRESENTATIVE HAS RECEIVED ALL (3) ITEMS SHOWN BELOW: (1) A CHECK (in the name of Union Pacific RR) FOR THE AMOUNT QUOTED IN ITEM #9, (2) A CERTIFICATE OF INSURANCE SHOWING 57,000,000 GENERAL LIABILITY COVERAGE FOR YOUR COMPANY, and (3) THIS SIGNED COMPLETED FORM. APPLICANT'S SIGNATURE z (title) n .q in Exhibit C: UPRR Force Account Work Estimates Already Authorized by ACE (Six 8' /z "x 11" Sheets) ACE - Union Pacific - Local Agency -16- Standard Form Agreement 11/14/2000 - Final for Grade Crossings CITY OF ROSEMEAD I JHN to "bi ud; n rrt ur tNUiKUJMENTHL 402 271 4461 TO DATE: 2001 -01 -09 ` ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: INSTALL GRADE CROSSING WARNING DEVICES: FLASHERS W /GATES AND CANTILEVERS AT LOWER AZUSA RD IN TEMPLE CITY CA. MP. 492.70 ALHAMiRA SUB. SIGNAL PROJECT MANAGER:R.L.BURDEN 8- 935 -7680 RAILROAD TO PERFORM ALL WORK / COST DISTRIBUTED AS FOLLOWS: SIGNAL - ALAMEDA CORRIDOR EAST - 1004 . PID: 39354 AWO: MP,SUBDIV: 492.70, ALHAMBRA SERVICE UNIT: 20 CITY: TEMPLE CITY ,STATE: CA DESCRIPTION QTY UNIT LABOR MATERIAL RECOIL UPRR TOTAL ENGINEERING WORK ENGINEERING 1812 LABOR ADDITIVE, 4092 ... ....4092 . - .... ..._ .. 4092 RECOS.L -INSPE - 2237 - 2237 2237 SIG -HWY XNG 1482 - -- - - - - - -- 1482 ---- 1482 TOTAL ENGINEERING - --- 9623 9623 9623 SIGNAL WORK BILL PREP - 900 900• 900 CONTRACT - 7718 7718 7718 EQUIPMENT RENTAL 3000 3000 3000 F GN LINE FREIGHT - 1543 15'.3 1543 ADDITIVE 24724 24724 24724 STORE EXPENSE 3859 3859 3859 PERSONAL EXPENSES - 19000 19000 19000 SALES TAX 3087 3087 3087 SIGNAL 33411 77184 110595 110595 TRANSPORTATION CHARGES 3975 3975 3975 USAGE EQUIPMENT ' 6400 ------- 6400 ---- --- ------- - 6400 -- ------ TOTAL SIGNAL ------ 59035 125766 184801 184801 TRACK & SURFACE WORK LABOR ADDITIVE 740 740 740 SIG -HWY XNG 1000 1000 1000 TOTAL TRACK & SURFACE - 1740 1740 1740 LABOR /MATERIAL EXPENSE 70398 125766 - - - -- RECOLLECTIBLE/UPRR EXPENSE 196164 0 -- - - - - -- ESTIMATED PROJECT COST 196164 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS M ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF N INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, 'PRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. FEB 01 101 1732 FR UP EWIRWENTRL. 402 271 4461 TO 916269623552 P. 03/06 DATE: 2001 -01 -22 ® ESTIMATE OF HATEALAND ,ter.,.. �•' v �' II!'. �.1',. � ;�.r'.:�+"'7jN`n.!�wn+yr.1^'_.. $ PORCE- ACCOUNT WORK UNION PACIFIC RAILROAD DESCRIPTION OF WORK: INSTALL GRADE CROSSING WARNING DEVICES: FLASHERS W /GATES AND RSUO' CANTILEVERS AT TEMPLE CITY BLVD. IN EL HONTE CA. MP. 493.30 ON THE ALBAHBAA SIIB. SIGNAL PROJECT MANAGER:R.L.BURDEN B- 935 -7680 RAILROAD TO PERFORM ALL WORK / COST DISTRIBDTED AS FOLLOWS: SIGNAL - ALAMEDA CORRIDOR EAST - 200% MP,SUBDIV: 493.30, ALEAMBRA PID: 39451 }+WO: STATE: CA SERVICE,IINIT: 20 CITY: EL Mons QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL DESCRIPTION _� �_ - - - -- --� ENGINEERING WORK 2378 — _._---- '-7178'-- -- --'— la� ENGINEERING 4508 4508 - LABOR ADDITIVE 2237 " 2237 1478 1478 RECOLL -INSPE _ 1478 1678 " SIG -HWY XNG 10601 10601 10601 TOTAL ENGINEERING - . SIGNAL WORK 900 �.. .. !8852 _..:. g00.••••. 900. .. BILL PREP 8852 8852 3000 CONTRACT - 3000 30DO 1770 PMENT RENT" 1770 1770 29097 GN LINE FREIGHT 29097 29097 4426 R 4426 4426 .ADDITIVE MATT, STORE EXPENSE -22515 22515 22515 PERSONAL EXPENSES 5532 $532 5532 SALES TAI 39321 88526 127847 127647 3970 SIGNAL TRANSPORTATION CHARGES 3970 7586 3970 7584 7584 USAGE EQUIPMENT - - — ___ —__ - - 59318 146175 215493 215493 TOTAL SIGNAL SIGNAL RETIREMENT 740 740 - - - 740 LABOR ADDITIVE 1000 1000 1000 SIG -Hwy XNG - --- ---- --- -- -- - - -" _ . - 17ao 1740 1740 TOTAL RETIREMENT . - - - - -- - - ---- . - - - ---- - ----- 81659 146175 0 LABOR /MATERIAL EXPENSE 227834 ---- --- RECOLLECTIBLH /UPRR EXPENSE- 227834 ESTIMATED PR OJECT COST MA• MATERIAL CREDIT 0 EXISTING RHDSEABLE p SALVAGE NONUSEABLE MATERIAL CREDIT RECOLLECTIBLE LESS CREDITS - CEE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN TEE EVENT OF kK INCREASE OR DECREASE IN THE COST COSTS AT OF THE CURRENT EFFECTIVE �RATE- IPRR WILL BILL FOR ACTUAL r �J _ Oct-6-00 2:25PM; ant 8y: ALAMEDP. CORRIDOR-EAST ;.5 ArK ur =Wjm"-t:,41 5 1704 ,� cti 4�+ iu +occrarnl �ni {A, I tlb DATE: 2000 -09 -29 ® 'STI MATE OT MATERIi nTDRCE ACCOVINT W037: UNION PACIFIC RAILROAD DESCRIPTION Or WO WITH GATES AND CONSTMT WARNING CIRCUITS IN A NEW INSTALL 2 FI.ASHW _ HOUSES AT ENCINITA AVE IINL• DRpE7iCBT935�^76 492.60 ON TI3S ALNSAMSRA EU 3ZGNAL PROJECT 1SANAG ST DISTRIBUTED AS FOLLOWS: RAILROAD TO pERFDRM ALL WORE / COST SIGNAL — AL AOiDA CORRIDOR EAST — PID: 37987 SERVICE URITN 20 DESCRIPTION ENGINNEERING WORK ENGINEERING LABOR ADDITIVE RECOIL —INSPE SZG —NWY XNG TOTALILNDINEERING SIGNAL WORK BILL PREP cONTRACTI IP)um •AYRTU' . ION LINE rAZIGHT R ADDITIVE XATL STORE EXPENSE PSREONALI zxyEN6EE SALES TA� SIGNAL TRANSPORTATION CHARGES. USAGE T00Ip►= TOTAL! SIGNAL EIDNAL RETIREMENT' LABOR ADDITIVE SIG —mff XNG TOTAL! RETIREMENT i AWO, MP,SUBDIV, 492 -60, ALHAHSRA CITY, TEMPLE CITY SLATE: CA 9Ty UNIT LABOR MATERIAL RECOIL UPRR TOTAL Page 5170 r. nHroo 1132 1132 1132 +3566 3586 3566 -2237 2237 2237 1478 1478 1478 8433 8433 6433 ;900 900 900 5380 5380 5380 3000' . ., 3D00 3000 1076 ... 1076 1076 13061 13061 - 13061 2692 2692 2592 9502 9500 9S00 3364 3364 3364 71490 17651 53839 71490 5100 5100 5100 3200 3200 3200 - - -- -' 31612 87151 118763 . 118763 1130 1110 1110 1500 1500 - 1500 ________ — ».�—_ -- 2610 2610 2610 • LAB/MATERIAL LNGPN:NSE Y42655 67151 OR 129806 0 RtO0LL2CTIBLE /UPRR g,XPENSE - 129806 LSTINATED PROJECT COST _ 0 EXISTING REUSLASLE NAT='AL CREDIT 0 SALVAGE NONNUSNA= MATER - -- RpCQILECTIRLE LESS CRZDITS y AND SUBJXCT TO FLUCTUATION. IN THE N:VLNT 07 IKE ABOVE TIGURLS ARE ESTIMATES ONL OR LABOR RE4UIHEDv AN INNCREASE OR DLCRLASLI IN T88 COST OR COSTS AT OF MATERIAL Zy=CTIVE RATE. UpRR WILL RILL roR ACWRL CONNsTRDCTIOR COSTS AT ifiE CURRENNT DATE: 2001 -06 -14 O ESTIMATE OF MATERIAL AND FORCE ACCOUNT. WORK BY THE UNION PACIFIC RAILROAD DESCRIPTION OF WORK: ALHAMBRA SUB / MP 492.60 / ENCINITAS AVE. / TEMPLE CITY, CALIF PROPOSE TO PARTICIPATE WITH A.C.E. /EARLY 7 1JUMP START IN IMPROVING THE PUBLIC CROSSING @ ENCINITAS AVE., MP 492.60. RAILROAD WORK WILL INCLUDE THE INSTALLATION OF 20' OF CONCRETE CROSSING SURFACE AND REPLACING 20 EA 10' CROSS TIES. PID: 40801 AWO: MP, SUBDIV: 492.60, ALHAMBRA SERVICE UNIT: 20 CITY: TEMPLE CITY STATE: CA [--]I DESCRIPTION QTY UNIT --- ---- LABOR MATERIAL ----- -------- RECOIL UPRR - ------ ----- TOTAL, ----- ENGINEERING WORK 466 466 ENGINEERING 466 -- -- - ----- -- -- ---- ----- --- ---- ---- TOTAL ENGINEERING - ---- 466 466 466 SIGNAL WORK 762 110 872 872 SIGNAL 998 998 998 LABOR ADDITIVE 3 _ 3 3 MATL STORE EXPENSE 4 4 SALES TAX - -- -- 4 - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- ' TOTAL SIGNAL - - - - 1760 117 1877 1877 eTRACK fi SURFACE WORK 20.00 TF 1603 3329 4932 4932 RDXING 1.00 CL 523 523 523 BALAST . -. 271 118 369 389 OTM TRK- SURF,LIN - 2181 2181 2181 XTIE- 20.00 EA 2305 845 3150 3150 . UPRR EQUIP USAGE 925 115 925 115 925 115 ' MATL STORE EXPENSE 190 190 190 SALES TAX - 1250 1250 CONTRACT. - PAVING .1250 2000 2000 2000 EQUIP RENT 200 200 - 200 FOREIGN LINE FREIGHT 900 900 900 HOME LINE FREIGHT 5356 5356 5356 LABOR ADDITIVE - - -- - - -- -- - - ---- -- - - - --- - -- - - - -- - - - - - - -- TOTAL TRACK a SURFACE 11716 10395 22111 22111 _ LABOR /MATERIAL EXPENSE - - - - - -- 13942 -- - - - --- 10512.-- - - - - -- - RECOLLECTIBLE /UPRR EXPENSE 29459 0 -- - 24454 29454 ESTIMATED PROJECT COST. 0 EXISTING REUSEABLE MATERIAL CREDIT SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION• COSTS AT THE CURRENT EFFECTIVE RATE. [--]I DUE: 2001 -12 -06 FST774A7E OF rIATERIAL AM FME PQOUIT VXW BY ME MOM PACIFIC RAILROAD M=PTIU4 OF VXM; AIJPNBRA SUB / FIP 492.70 / AI741Z+ C7 UIM MET -JfMP SMM PARTICIPATE WITH ALWIMA COFMIIXR = IN ngTO 1FC THE PUBLIC CF[6Snr7 AT ILS4ER AMJSA MAD @ F P 492.70. PID: 41917 xU: W, SIBDIV: 492.70, AIi *RRA SERVICE UST: 20 CITY: TEKIIE CITY STATE: CA CTES:3=CN QTY UST IABM PRIFRIAL R=3- UPFtR Tum F lMgE'sRIFL w7ac !•Z1; EMM 766 766 766 LA" AIAITIVE 536 536 536 7QTAI. DgMEEPII.G. 1302 1302 1302 MASK b SWAM WOW FCDMr. 40.00 TF 1298 5376 6674 6674 Q14N 310 3T7 687 687 SALES TAX _ 272 272 272 X71E 25.00 EA 2641 1057 3698 3698 MAIL SICFE EQUM 286 2B6 286 CagAWY DOOM US)GE 2000 2000 2000 Ca?I%D,,CT SERVICES 2000 2000 2000 FMaGN LINE FREIGHT 500 500 500. Ha£ IJIiE FREIGHT 900 900 900 IABCR AMI'1'IVE 1706 1708 1706 TUML TRACK & SURFACE -. 5957 12768 18725 18725 MM: 2001 -12 -06 ESM -ATE OF IATIIiIAL AND FLFS£ PC=IW VOT BY 7HE UUCN PACIFIC AAIIAM tESC7i MCV OF YICEM: AIIPMRRA SOB / HIP 493.30 / AI MEM CORRIMR EAST' 71'8 S'fAye PAETTCIPATE WT1H AL*IM CXRIIM FIST IN DITOJRG THE PUBLIC CR'SSM AT TEPPEE CM ffi,w. @ HIP 493.30. FM: 41918 AMO: 14P, so=: 493.30, AIH*ERA SERVICE UST: 20 CITY: TUSI E CITY STATE: CA LES3IIPTICN QTY SHIT LABM MM RIAL FAY UPM TUM T17F+L 906. TRACK 6 SMU7CE hCPY Rimcnr 20.00 TR 649 am 155 SALES 1AX XTIE 13.00 EA 1320 VAIL SAFE E TUT 024PNY ETIP SEAM . 0371RAI.T SERVICES F RERii LINE FREIGU +..vn nm+mnrc 853 TS7I'AL TRACY. s SURFACE 2977 533 533 373 373 906 906 2858 3507 3507 188 343 343 142 142 142 549 1869 1869 151 151 151 1100 1100 1100 1000 1000 1000 250 250 230 900 900 900 853 ... _... 853 7138 10115 10115