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ARTIC Construction & Maintenance Agreement
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CONSTRUCTION AND MAINTENANCE AGREEMENT
for ANAHEIM REGIONAL
TRANSPORTATION INTERMODAL CENTER (ARTIC)
BETWEEN
SOUTHERN CALIFORNIA REGIONAL RAIL
AUTHORITY (SCRRA)
AND THE
CITY OF ANAHEIM AT
SCRRA MILE POST 170.65 – 171.0 – ORANGE SUBDIVISION
IN OR NEAR
CITY OF ANAHEIM
ORANGE COUNTY, CALIFORNIA
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SCRRA Folder No.: S0000362
SCRRA Project No.: 860721
Construction and Maintenance Agreement
for
ANAHEIM REGIONAL TRANSPORTATION INTERMODAL CENTER (“ARTIC”)
MP 170.65 – MP 171.0 - ORANGE SUBDIVISION
2626 E. Katella Avenue, City of Anaheim, Orange County, CA
THIS Construction and Maintenance Agreement ("AGREEMENT") is made and entered
into as of the __________ day of __________, 201___, by and between the SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the
laws of the State of California (hereinafter referred to as "SCRRA"), to be addressed at One
Gateway Plaza, Floor 12, Los Angeles, California 90017 and the CITY OF ANAHEIM, a
charter city and a municipal corporation duly organized and existing under the laws of the State
of California and its Charter (hereinafter referred to as “CITY”), to be addressed at City of
Anaheim, Department of Public Works, P.O. Box 3222, Anaheim, CA 92803.CITY and SCRRA
may be referred to singly as “PARTY” and collectively as “PARTIES.”
RECITALS:
SCRRA is a five-county joint powers authority, created pursuant to California Public Utilities
Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain,
administer, and operate the “METROLINK” commuter train system on railroad rights-of-way
owned by the member agencies and through other shared use and joint operation agreements.
The five-county member agencies comprise the following: Los Angeles County Metropolitan
Transportation Authority (“MTA”), Ventura County Transportation Commission (“VCTC”),
Orange County Transportation Authority (“OCTA”), San Bernardino Associated Governments
(“SANBAG”), and Riverside County Transportation Commission (“RCTC”).
SCRRA controls, administers, operates, and maintains the railroad track, structures, signals,
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communication systems, and appurtenances on the rail line known as the Orange Subdivision in
the area adjacent to and straddled by the ARTIC development. SCRRA and the “Operating
Railroads” [as used herein “Operating Railroads" means any passenger or freight-related railroad
company(s) operating on SCRRA track(s)], including the National Railroad Passenger
Corporation (AMTRAK), the Union Pacific Railroad Company (UPRR), and the BNSF Railway
Company (BNSF),] operate trains and rail equipment through this location on right-of-way
owned by Orange County Transportation Authority (“OCTA”), in accordance with the Shared
Use Agreement dated October 30th, 1992, and the Agreement between SCRRA, its Member
Agencies, and the National Railroad Passenger Corporation (AMTRAK), and known as the
“Intercity Agreement.”
1. The new Anaheim Regional Transportation Intermodal Center (ARTIC) will be a unified
facility where people will move seamlessly from one mode of transit to another, allowing
them to reach Southern California activity centers and business districts. Transit oriented
development in the immediate area will integrate with ARTIC to form a vibrant
community. ARTIC will serve as a hub for Orange County and the region, a landmark
where freeways, major arterials, bus routes and Orange County’s backbone rail system
converge. The network of transit choices will continue to grow in the coming years as the
number of Metrolink and Amtrak trains serving Anaheim and local and express bus
routes increase. On opening day, ARTIC services will include: Metrolink, Amtrak,
OCTA bus, Anaheim Resort Transit, shuttles, taxis, and tour and charter buses. ARTIC
will also accommodate future plans for the Anaheim Rapid Connection (ARC) and high-
speed trains.
2. SCRRA and the CITY desire to provide for the construction of the ARTIC facility at
2626 E. Katella Avenue, located within the City of Anaheim, County of Orange,
California. The ARTIC site will straddle OCTA’s Los Angeles-San Diego-San Luis
Obispo (“LOSSAN”) Rail Corridor and is bounded by East Katella Avenue to the north,
Douglass Road to the west, State Route 57 to the south and the Santa Ana River to the
east, between Mile Posts 170.7 and 171.0.
3. The construction of ARTIC will convert the existing Anaheim Amtrak/Metrolink station
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facility located in the Anaheim Stadium parking lot, support existing transit services (rail
and non rail), include transit-oriented retail, restaurant and civic space, and accommodate
transit services such as the Metrolink Service Expansion Program, planned bus-rapid
transit, and other fixed route services.
4. The ARTIC development will be constructed and maintained by the CITY, with SCRRA
maintaining the right-of-way (“ROW”), track, signaling system and associated
infrastructure, SCRRA platform communications and ticket vending equipment, and
SCRRA ticket vending equipment located within the ARTIC building.
5. Along the rail corridor, SCRRA operates Metrolink commuter rail services, Amtrak
operates Surfliner Intercity service, and UPRR and BNSF operate freight services. Major
facilities include but are not limited to two mainline tracks, the Douglass Road bridge
superstructure, and the existing Anaheim/Metrolink Station. The construction of ARTIC
will affect Metrolink’s rail services and rail infrastructure. Permanent rail track and
platform modifications are proposed to be reconstructed as part of the PROJECT in the
area known as the Orange Subdivision between Katella Avenue and the railroad west
abutment of the Santa Ana River Bridge, Mile Posts 170.7 and 171.0.
6. The term “PROJECT” as used in this AGREEMENT is the construction and maintenance
requirements for the following scope:
(a) Converting the existing Anaheim Metrolink Station and station facilities, including
associated passenger access, platforms, platform amenities, underpasses and overpasses;
(b) Modifying and replacing the Douglass Road rail bridge structure;
(c) Douglass Road improvements in the immediate vicinity of the railroad right-of-way;
(d) Communications and signals (“C & S”) modifications required to support the
infrastructure modifications;
(e) Any and all necessary changes to railroad telephone, telegraph, signal, fiber optic, oil,
gas and electrical lines and appurtenances;
(f) All temporary and permanent track work, fencing, grading, alteration to or new
construction of drainage facilities; and
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(g) Any and/or all other work of every kind and character necessary to accomplish the
successful construction and maintenance of the ARTIC development as it affects, or may
affect, the railroad right-of-way, infrastructure and operations.
7. The SCRRA Standard Terms and Conditions under which the PROJECT shall be
implemented are incorporated as Exhibit A. A description of the Project is appended as
Exhibit B-1, while the general arrangement, plan, section and location of the ARTIC
development proposed by the CITY is shown on the location print marked as Exhibit B-
2. An index of the detailed Plans and Specifications of this PROJECT, to be included in
this AGREEMENT, is incorporated as Exhibit B-3 and Exhibit B-4.
8. The CITY owns the properties described as “1790 S. Douglass Road”, “1750 S. Douglass
Road” and the “Current Amtrak Site”, together substantially forming the PROJECT
worksite. The full legal descriptions of these properties are incorporated as Exhibit C-1,
and a Plat of the easements is incorporated as Exhibit C-2. The OCTA owned right-of-
way in which SCRRA operates completes the PROJECT worksite. The CITY and
SCRRA acknowledge that should the CITY not have executed the lease agreement with
OCTA for occupation of the OCTA right-of-way at the time of execution of this
Construction and Maintenance Agreement, then the CITY will later furnish to SCRRA
evidence of the said lease agreement immediately following execution, for subsequent
reference within this Agreement.
9. SCRRA and the CITY are entering into this AGREEMENT to provide for the
construction and maintenance of the PROJECT described above, and as contained in the
Exhibits attached to and made a part of this AGREEMENT. This AGREEMENT is
subsequent to the existing Design Services Agreement between SCRRA and the CITY,
dated April 13th, 2010, which provided for the design of ARTIC through to 100% Plans,
Specifications and Estimates.
AGREEMENT
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NOW, THEREFORE, it is mutually agreed by and between the PARTIES hereto as follows:
ARTICLE 1 -
LIST OF EXHIBITS
The exhibits below are attached to and made a part of this AGREEMENT as if set forth
in their entirety:
Exhibit A Standard Terms and Conditions
Exhibit B-1 Description of PROJECT
Exhibit B-2 Railroad Location Print
Exhibit B-3 Index of PROJECT Plans
Exhibit B-4 Index of PROJECT Specifications
Exhibit B-5 SCRRA Form of Approval
Exhibit B-6 List of Submittals Requiring SCRRA Review
Exhibit C-1 Easement for PROJECT Area
Exhibit C-2 Plat of Easement and Legal Description
Exhibit D-1 City Scope of Work and Estimate “CITY WORK”
Exhibit D-2 SCRRA Scope of Work and Estimate “RAILROAD WORK”
Exhibit E-1 SCRRA Bridge and Tunnel Design Requirements
Exhibit E-2 SCRRA Requirements of the Contractor
Exhibit F Funding Schedule
ARTICLE 2 -
RESERVED
ARTICLE 3 – PLANS AND SPECIFICATIONS
3.1 The CITY has prepared, or caused to be prepared, the detailed Plans, Specifications, and
Estimates (the “PS&E”) for the PROJECT, except where SCRRA at the sole cost and expense of
the CITY, has prepared, or caused to be prepared, the detailed Plans, Specifications, and
Estimates for the changes, additions, or alterations to existing SCRRA communication facilities
required in connection with the PROJECT. The Plans and Specifications for the PROJECT are
referenced as Exhibits B-3 and B-4 respectively.
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3.2 SCRRA has reviewed the CITY WORK PS&E for general conformance with SCRRA
standards and requirements, and has given the CITY the final written approval of the CITY
WORK PS&E substantially in the form of Exhibit B-5. The CITY WORK PS&E forms part of
this AGREEMENT by reference. No changes in the final written and approved CITY WORK
PS&E may be made unless SCRRA has consented to the proposed changes in writing.
ARTICLE 4 –
SCRRA REQUIREMENTS
4.1 The CITY, at its sole cost and expense, shall comply and ensure that its employee(s),
consultant(s), and contractor(s) comply, at all times when on the rail right-of-way, with Exhibit
E-1, Exhibit E-2, and with the rules and regulations, as contained in the current editions of the
following documents, which are otherwise known as “REFERENCES”, as incorporated in this
document as if they were set full in this paragraph, and incorporated in this AGREEMENT by
reference. These documents are described and can be accessed through SCRRA’s website
www.metrolinktrains.com as the following:
• Temporary Right-of-Entry Agreement, SCRRA Form No. 6 • Rules and Requirements for Construction on Railway Property, SCRRA Form No. 37 • General Safety Regulations for Third Party Construction and Maintenance Activity
on SCRRA Member Agency Property • Applicable SCRRA Engineering Standards
4. 2 The CITY and all employee(s), consultant(s), and contractor(s) employed by the CITY
shall ensure compliance to the terms and conditions of the AGREEMENT for work specified in
this Article. SCRRA requires all CITY employee(s), consultant(s) and contractor(s) working on
the PROJECT to attend the SCRRA Safety Training for Roadway Worker Protection (“RWP”)
as a mandatory prerequisite to enter the railroad right-of-way and comply with the SCRRA
Safety Rules while on railroad property.
4.3 SCRRA representatives may make inspections and conduct tests to judge the
effectiveness of the safety training and compliance with SCRRA requirements, in accordance
with SCRRA’s Efficiency Testing Program, and in compliance with 49 CFR 214 – Railroad
Workplace Safety Regulations and SCRRA Third Party Work Rules. The employee(s),
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consultant(s), and contractor(s) shall cooperate with SCRRA, Federal, and State representatives
at all times. Disregard for, or failure to comply with, the requirements of 49 CFR 214 – Railroad
Workplace Safety regulations, or SCRRA third-party safety requirements, may result in the
removal of an offending individual(s) from the SCRRA Right-of-Way. Egregious or repeated
disregard for any safety rule or requirement may result in the termination of the Right-of-Entry
Agreement.
ARTICLE 5 –
SCOPE OF WORK AND ESTIMATE BY CITY
5.1 The CITY WORK to be performed by the CITY is described in Exhibit D-1 – CITY
Scope of Work and Estimate, dated June 13th, 2012 in the amount of $25,200,000.00.
5.2 The CITY shall also make any and all arrangements for the installation or relocation of
wire lines, pipe lines and other facilities owned by private persons, companies, corporations,
political subdivisions or public utilities other than SCRRA which may be necessary for the
construction of the PROJECT.
5.3 The CITY shall be responsible for the removal of any and all contaminated or hazardous
material within the limits of the PROJECT and the railroad right-of-way in accordance with
applicable law or regulation.
5.4 The CITY shall ensure that all design, construction, maintenance, and materials used
throughout the PROJECT are in compliance with SCRRA Standards, Specifications and
Procedures.
5.5 The CITY shall have full responsibility for coordination amongst all third parties,
including agencies, and will be fully responsible for obtaining all licenses, permits and other
statutory obligations to facilitate implementation of construction of the PROJECT. The CITY
shall be fully responsible for coordination and communication with all other rail passenger and
freight service providers with regard to ARTIC operations, parking facilities, and any statutory
notifications and responsibilities. SCRRA will dispatch services for all providers, with
appropriate coordination for any changes to service patterns necessitated by construction
activities, and where required as a responsibility of maintenance obligations.
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5.6 Upon completion of the PROJECT, the CITY, at its sole cost and expense, shall furnish
one full-size and one half-size printed sets of plans depicting the as-constructed condition of the
scope of the PROJECT and appurtenances that relate to the railroad ROW, infrastructure and
operations. In addition, the CITY shall furnish one copy of the Specifications, one (1) copy of
the structural calculations, one (1) copy of any materials testing and compliance certification,
one copy of all inspection, testing and commissioning records, and one (1) copy of all warranties
and guarantees for any railroad accepted or maintained structures. The CITY shall furnish the
drawings for SCRRA accepted or maintained facilities and structures electronically in an editable
Microstation or AutoCAD file format. In addition to the printed copies required above, the
CITY shall furnish a compact disc (CD) or a Digital Versatile Disc (DVD) containing all of the
construction and contract documents in portable document format (PDF).
5.7 CITY shall continue to keep open and maintain the existing Anaheim Stadium Station
platforms, lighting, railings, and all associated accesses, throughout the PROJECT construction,
to allow safe access to all rail services. Once ARTIC development becomes operational,
SCCRA shall commence use of ARTIC development for regular SCRRA scheduled services.
CITY shall keep open and maintain the existing Anaheim Stadium Station for special SCRRA
event services after ARTIC development becomes operational, and to allow public access from
the Stadium Parking Lot through to the platforms to reach the ARTIC development for regular
SCRRA scheduled services. CITY to provide and maintain appropriate permanent, fixed signage
to direct SCRRA passengers to aforementioned services. CITY and SCRRA are in agreement
that the existing visual and audio communication provisions, and Ticket Vending Machines at
the current Stadium station platforms, and access points, will be decommissioned as part of the
PROJECT scope.
5.8 One year after the ARTIC development becomes operational, the CITY shall evaluate the
effectiveness of parking use of the three lots surrounding the ARTIC development and to assess
changes in parking management strategies. SCRRA will be invited to participate in the parking
effectiveness assessment.
5.9 The CITY will ensure that its maintenance contractor(s) for the concourse overbridge
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comply with all SCRRA access procedures for working on, or about, the railroad, and that all
permanent maintenance equipment will be secured in a position where it will not obstruct
passenger movements, or present a potential threat to the safe operation of the railroad.
ARTICLE 6 –
SCOPE OF WORK AND ESTIMATE BY SCRRA
6.1 The RAILROAD WORK to be performed by SCRRA, at the CITY's sole cost and
expense, is described in Exhibit D-2 – SCRRA Scope of Work and Estimate, dated August 1st,
2012, in the amount of $ 1,034,660.00
6.2 Upon receipt, from the CITY, of a written notice to proceed with the railroad and associated
systems works, SCRRA will place orders within thirty (30) days for any needed materials or
equipment, and issue contracts or task orders for any adjustment of SCRRA facilities or provision of
services necessary to permit construction of the PROJECT. Orders for materials, new contracts for
construction, or task orders under existing contracts, will be issued in accordance with SCRRA
procurement policies and the laws and regulations governing public agency contracts applicable to
SCRRA.
6.3 Completion of any designs necessary for the railroad and associated systems work
portions of the PROJECT, and the acceptance of the estimates in Exhibit D-2 and Exhibit D-3
inclusive, and the deposit of any funds due SCRRA are conditions precedent to issuing the
Notice to Proceed with the railroad and associated systems work.
6.4 SCRRA shall, at the CITY’s expense, arrange for design consultant under contract to
SCRRA responsible for the design of the rail systems, communications and signaling design to
be available to the CITY throughout the construction period to respond to Requests for
Information, Submittal Reviews and Approvals, site overview, inspection, and witness of testing
and commissioning procedures to ensure compliance with SCRRA standards and specifications,
and construction contractor change requests related to the design work of the SCRRA design
consultant(s).
6.5 SCRRA shall, at the CITY’s expense, arrange for a specialist contractor(s) under contract
to SCRRA to procure, deliver, install and test:
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a) The replacement, cut-over and splicing of the main fiber and signal cables routed
from the east end of the extended ARTIC north platform, through new conduits in the
platform, to the pull box at the east end of the existing Anaheim station north
platform.
b) The Ticket Vending Machines (TVMs) to be located on the north and south
platforms, and within the main ARTIC facility
6.6 Upon completion of the PROJECT construction, SCRRA, at the CITY’s expense, shall
furnish one full-size and one half-size set of plans depicting the as-constructed condition of the
rail systems, communications and signaling work installed by the SCRRA contractor(s).
SCRRA shall ensure the accuracy of the as-constructed plans as presented by SCRRA’s
contractor. The as-constructed condition shall also be provided on compact disc (CD) or a
Digital Versatile Disc (DVD) in portable document format (PDF).
6.7 SCRRA shall support and use any rights at its disposal to cause the relocation of any
private utilities through existing agreements, licenses or permits.
6.8 SCRRA shall coordinate with the CITY to agree a mutually acceptable date for transition
of regular revenue service from currently stopping at the Stadium end of the platforms, to then
stopping at the ARTIC end of the platforms. Special event services for functions at the Anaheim
Stadium will continue to stop at the Stadium end of the platforms.
ARTICLE 7 – CONSTRUCTION OF PROJECT
7.1 The CITY shall furnish, or cause to be furnished, all labor, materials, tools, equipment,
and superintendence for the performance of the work for which the CITY is responsible. SCRRA
shall, at the CITY’s full cost provide specialist trained safety staff to manage access to, and safe
protection upon, the right-of-way. The CITY shall also provide a full-time resident engineer
with experience in railroad and bridge projects on the site of the work during construction,
throughout all work phases affecting, or having the potential to affect, the railroad right-of-way.
The resident engineer must be an engineer licensed in the State of California, and must have the
authority to provide direction to the contractor or contractors employed by the CITY, and to
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commit the CITY within a reasonable scope of authority.
7.2 The CITY must supervise and inspect the operations of all contractors employed by the
CITY to assure compliance with the plans and specifications approved by SCRRA, the terms of
this AGREEMENT and all safety requirements of SCRRA. If SCRRA determines that proper
supervision and inspection is not being performed by CITY personnel at any time during
construction of the PROJECT, SCRRA has the right to stop construction that is within twenty-
five (25) feet of the closest track centerline, or that otherwise may reasonably be expected to
affect the safety of SCRRA infrastructure, operations, staff, or the public. Construction of the
PROJECT will not proceed until CITY corrects the objectionable condition or activity to the
reasonable satisfaction of SCRRA. If SCRRA believes that the condition or activity is not being
corrected in an expeditious manner, SCRRA will immediately notify the CITY, and CITY agrees
to institute appropriate corrective action.
7.3 The CITY shall furnish copies of the contractor-furnished submittals listed in Exhibit B-6 to
SCRRA for review and approval prior to proceeding with the work covered by the Submittal. Upon
approval of the CITY, the contractor or contractors may make the submittals directly to SCRRA at
the address provided in this AGREEMENT. SCRRA shall be allowed thirty (30) working days to
complete its review of any submittals and to communicate any recommendations or to make any
requests for revisions to the plans where the interests of SCRRA are affected by the PROJECT.
7.4 The CITY shall ensure that its Contractor(s):
a) Facilitate access to the PROJECT area at all times, for all SCRRA staff, contractors,
or representatives to undertake inspection, overview, and witness testing of all
elements of the works;
b) Coordinate with SCRRA to provide and schedule a one week installation window for
SCRRA contractor(s) to install and test the Ticket Vending Machines. The
Contractor(s) shall notify the Construction Manager of the anticipated window sixty
(60) days in advance for SCRRA to coordinate the installation;
c) Test and demonstrate full functionality of all CIS subsystems, providing notification
to SCRRA for tests that require generation of data from the SCRRA Metrolink
Operations Center (MOC) or personnel a minimum of sixty (60) days in advance;
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d) Prior to any site works commencing, trace, pot hole, and physically mark on site any
and all cables and utilities, so as to satisfy himself of the exact location of all services,
the necessary protection for these in accordance with his proposed working methods,
and the extent and timing of coordination required with SCRRA to undertake the
work. Best available information suggests that both existing main signal and fiber
cables, controlling signal, grade crossing, communication and Positive Train Control
systems throughout this section of the railroad, are located within conduits in the
ballast, and are routed across the south span of Douglass Road Bridge. The
contractor(s) shall ensure that these cables are appropriately protected in place
throughout the works. SCRRA will not permit a temporary relocation of these cables.
e) Coordinate with SCRRA and its specialist contractor, to provide and schedule at the
appropriate time in the agreed method for replacement of Douglass Road Bridge
deck, a minimum one week installation window for SCRRA contractor(s) to deliver,
install, splice, and cut-over the new main fiber and signal cables, routed through new
platform conduits from the east end of the extended ARTIC north platform, through
the new Douglass Road bridge north platform, to the pull box at the east end of the
existing Anaheim station north platform. The entire conduit route is to be
substantially complete, affording suitable protection to all cables installed within. The
Contractor(s) shall notify the Construction Manager of the anticipated window sixty
(60) days in advance for SCRRA to coordinate the installation. SCRRA will permit
only one instance of relocation, splicing and cut-over of the main signal and fiber
cables into their new, permanent location.
f) Maintain operation of the existing Anaheim Stadium Station during all revenue hours
throughout construction of the PROJECT.
g) Fully reinstate any Positive Train Control (“PTC”) milepost, speed increase/decrease,
or other PTC critical point markings upon the track or associated infrastructure,
should they be lost at any time when track is removed and replaced during track
outages, or in general throughout the PROJECT works.
7.5 The CITY shall incorporate the requirements of Exhibit E-1 and Exhibit E-2 into each
prime contract for construction of the Project. The CITY shall exercise its authority as a party to
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any contract for construction into which it enters, to ensure that its contractor conforms with the
requirements listed in Exhibit E-1 and Exhibit E-2, and to avoid delay or damage to SCRRA
operations, right-of-way, property, or other facilities, or the operations, property or facilities of
others occupying or using SCRRA right-of-way. All work done by the CITY, or its
Contractor(s), on the right-of-way of SCRRA shall be done in a manner satisfactory to SCRRA.
7.6 SCRRA and CITY shall establish mutually agreeable work windows for the PROJECT, if
different from those defined in Exhibit E-2. To facilitate scheduling for the PROJECT, CITY shall
require its contractor or contractors to give SCRRA’s representative seventy-five (75) days advance
notice of the proposed times and dates for any single track occupancy work windows to which
SCRRA has agreed. Should, due to train operations or service obligations or other reasons provided
in this AGREEMENT, it become impracticable to provide the work window on the dates established,
SCRRA will provide the work window at the next reasonably available opportunity. SCRRA shall
not be responsible for any additional costs and expenses resulting from a change in work windows.
7.7 CITY must advise the appropriate SCRRA Manager –Assistant Director of Public Projects –
Department of Engineering and Construction, in writing, of the completion date of the PROJECT
within thirty (30) days after such completion date. Additionally, CITY must notify SCRRA's
Assistant Director of Public Projects – Department of Engineering and Construction, in writing, of
the date on which CITY and its Contractor(s) will meet with SCRRA for the purpose of making final
inspection of the PROJECT.
ARTICLE 8 – SHOOFLY CONSTRUCTION (NOT USED)
ARTICLE 9 – TRACK STABILIZATION PERIOD
9.1 The CITY acknowledges that conditions inherent in the construction of the PROJECT
may cause the complete stabilization of the structure and the track to extend beyond the
construction period at new underpass structure locations. The CITY also acknowledges that
operation of trains by SCRRA and others over the structure and roadbed during the stabilization
period may require maintenance, beyond that ordinarily performed on similar classes of track, to
correct settlement and consolidation of the supporting roadbed and ballast, until the stabilization
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period is complete.
9.2 The CITY shall pay to SCRRA all that part of the cost and expense of additional
maintenance (hereinafter referred to as "Track Stabilization Period Maintenance") associated
with the PROJECT which can be attributed to failure of subgrade, caving, sliding, slipping,
sinking or settling, including damage to protective work in connection therewith, as well as
settlement and consolidation of subballast, or roadbed, or any combination thereof, which are
incurred during the period commencing immediately following completion of the work to
Douglass Road Bridge, to the baggage handling or pedestrian tunnels, or to any other elements of
the construction which through execution can be demonstrated to have caused detrimental
condition to the track or associated infrastructure, by the CITY or its Contractor(s) and ending
two (2) years thereafter.
9.3 The Track Stabilization Period Maintenance costs must include reimbursement of the
extra cost, in excess of normal maintenance costs, of maintaining that portion of the tracks above
sub-grade to the construction tolerances of SCRRA, and will include cost of maintaining proper
alignment, proper surface and use of ballast and other necessary materials. SCRRA will
normally perform the Track Stabilization Period Maintenance work with its own forces or
through the track maintenance contractor employed by SCRRA. In the event major construction
is required for Track Stabilization Period Maintenance, the CITY, at its expense, may
accomplish such major items by contract, subject to approval and inspection by SCRRA.
9.4 Except in cases where the continuity of train service is involved or threatened, SCRRA
shall submit to the CITY a description of the proposed Track Stabilization Period Maintenance
work and an estimate of its cost. SCRRA will not commence work until the estimate for the
work has been approved by the CITY, for which approval shall not be unreasonably withheld.
ARTICLE 10 – DISTRIBUTION OF COSTS
The PROJECT is funded through Local sources, as listed in Exhibit F. All contracts, expenses and
invoicing for the PROJECT shall meet the contractual requirements of these funding sources.
ARTICLE 11 – PAYMENT FOR SCRRA WORK
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11.1 Within thirty (30) calendar days following CITY Council award of a PROJECT
construction contract, and with this AGREEMENT executed, the CITY shall deposit with
SCRRA 75% of the sum of the estimate for items 1, 2A), 2B), and 2E), being the estimated costs
for SCRRA staff, and SCRRA consultant staff, as contained in Exhibit D-2 – SCRRA Scope of
Work and Estimate. SCRRA will subsequently forward to the CITY executed Task Orders with
SCRRA’s consultants to verify the adequacy of the deposited funds.
11.2 SCRRA and the CITY will mutually identify a date by when SCRRA will need to
execute contracts for the Signal and Communications Contractor and the TVM Procurement and
Installation Contractor. Three (3) months in advance of these identified contract execution dates,
the CITY will deposit 100% of the sum of the estimate for items 2C) and 2D), being the
estimated costs for these procurement and installation contractors, as contained in Exhibit D-2 –
SCRRA Scope of Work and Estimate. SCRRA will subsequently forward to the CITY executed
Task Orders with SCRRA’s contractors to verify the adequacy of the deposited funds.
11.3 During the construction of the PROJECT, SCRRA will send the CITY quarterly progress
statements detailing all incurred costs for work performed by SCRRA and its consultants and
contractors under this AGREEMENT that is at the expense of the CITY. The CITY shall review
the statement for conformance with the applicable provisions of 48 CFR 31 or the requirements
of the funding agreements contained in Exhibit F within Seven (7) business days and provide
SCRRA with written approval, comments and/or objections in writing.
11.4 SCRRA will formally notify the CITY when costs incurred reach 75% of the deposited
funds, revise at its sole discretion its estimate for the cost of the support required to complete the
PROJECT, and the CITY shall deposit any remaining estimated amount in excess of the original
deposit.
11.5 The CITY acknowledges that until SCRRA receives formal approval of its overhead rates
by the Federal Transit Administration (FTA), SCRRA’s cognizant audit agency, an estimated
allocated overhead rate will be provided for invoicing purposes. Upon agreement by the CITY
and SCRRA that all PROJECT activities are complete, and after the SCRRA overhead rate for
each period covering the construction of the Project is approved by the FTA, SCRRA will submit
ARTIC Construction & Maintenance Agreement
17
to the CITY a detailed statement of final costs incurred under this Agreement, segregated as to
labor and materials for each item in the recapitulation shown on Exhibit D-2. Based on the final
accounting, if it is mutually determined that actual SCRRA costs were less than the amount of
deposited funds, SCRRA will return the unused balance of deposited funds within thirty (30)
days of CITY written request.
11.6 SCRRA, if it so elects, may recalculate and update the Estimate submitted to the CITY in
the event the CITY does not commence construction on the portion of the PROJECT located on
or over the right-of-way of SCRRA within six (6) months from the date of the Estimate.
11.7 CITY acknowledges that the Estimate contained in Exhibit D-2 does not include an
estimate of the flagging or other protective service costs provided by SCRRA in connection with
the PROJECT. The cost of all flagging and other protective and support services incurred by
SCRRA are to be paid by the Contractor(s). The CITY agrees that, prior to SCRRA granting
access to the right-of-way, it will require the Contractor(s) to deposit with SCRRA 50% of
SCRRA’s estimated cost of flagging and other protective or support services. Upon expenditure
of 75% of this initial deposit, SCRRA shall reassess its estimate for the outstanding flagging and
other protective support service costs, and the CITY will require the Contractor(s) to deposit
with SCRRA the full estimated, outstanding amount. Based on the final accounting, if it is
mutually determined that actual SCRRA costs for flagging and other protective support services
were less than the amount of deposited funds, SCRRA will return the unused balance of
deposited funds to the Contractor(s).
11.8 Notwithstanding the amount of any estimate provided by SCRRA, the CITY agrees to
reimburse SCRRA for one hundred percent (100%) of all actual costs incurred by SCRRA in
connection with the PROJECT including, but not limited to, actual costs of preliminary
engineering review incorporating temporary works designs and calculations, construction
phasing plans, work statements, methods and plans, supporting schedules, and right-of-way
access and/or track possession requests, provision of flagging and other protective support
services, construction inspection, procurement of materials, equipment rental, manpower and
deliveries to the job site and all of the normal and customary additives applicable to SCRRA
(which shall include direct and indirect overhead costs) associated therewith.
ARTIC Construction & Maintenance Agreement
18
11.9 SCRRA may, at its discretion, retain a Consulting Engineer(s) on a Task Order basis,
for the purpose of providing support in review and management of all documentation
submissions, and site inspection and support services, throughout the PROJECT. The costs for
all such services in their entirety to be the responsibility of the CITY.
11.10 SCRRA will retain throughout the construction, testing, commissioning and handover
phases of the PROJECT, a Communication and Signal system specialist on a Task Order basis,
for the purpose of providing support in review and management of all communication and signal
system documentation submissions, site inspection, testing and support services, and supervision
of elements of the work for which procurement, delivery and/or installation will be implemented
by SCRRA specialist signal and communication contractors. The costs for all such services in
their entirety to be the responsibility of the CITY.
11.11 SCRRA will, at the CITY’s full cost, employ the services of specialist contractor(s) to
procure, deliver, install, test and commission the equipment and associated fiber and signal
cables as defined as SCRRA’s responsibility within Section 34 44 50 – Customer Information
System (SCRRA), of the Contract Specifications. CITY will, at its full cost, procure, deliver,
install, test and commission all other equipment and associated infrastructure defined as the
CITY’s responsibility in said specifications. CITY to coordinate between its Contractor and
SCRRA as to timing and access for SCRRA Contractor(s) to deliver, install, test and commission
specified equipment and appurtenances.
11.12 SCRRA will, at the CITY’s full cost, employ the services of specialist consultant(s) to
revise all mapping, charts, databases, simulator shape files, software, and graphics, to the latest
standards as required to support the Positive Train Control system, so as to include within such
records and data all physical aspects of the PROJECT works.
ARTICLE 12 -
PERMIT TO CONSTRUCT STRUCTURES
12.1 In consideration of the faithful performance of the CITY's covenants under this
AGREEMENT, SCRRA grants to CITY, its successors and assigns, a right-of-entry to construct the
PROJECT works upon, adjacent to, across and beneath the SCRRA Railroad right-of-way, all as
ARTIC Construction & Maintenance Agreement
19
described further in Exhibits B-3, B-4, C-1 and C-2, subject to the terms and conditions set forth in
this AGREEMENT, and excepting and reserving SCRRA’s rights, and the rights of any others who
have obtained, or may obtain, permission or authority from SCRRA, to do the following:
a) Operate, maintain, renew , reconstruct, relocate any and all existing railroad track or tracks,
wires, pipelines and other facilities of like character upon, over or under the surface of the
right-of-way;
b) Construct, operate, maintain, renew and/or relocate upon said right-of-way, without
limitation, such facilities as SCRRA may from time to time deem appropriate, provided such
facilities do not materially interfere with the CITY’s use of the PROJECT Structures;
c) Otherwise use , enter upon, and operate upon the right-of-way as SCRRA may from time to
time deem appropriate, provided such use or operations does not materially interfere with the
CITY’s use of the PROJECT Structures.
12.2 The right-of-entry given by SCRRA to CITY in this provision does not convey any rights in
property and are without warranty of title of any kind, express or implied, and no covenant of
warranty of title will be implied from the use of any word or words contained in this AGREEMENT.
The right-of-entry is for construction and maintenance of the Structure and its appurtenances only
and shall not be used by CITY for any other purpose. CITY acknowledges and agrees that the CITY
shall obtain any necessary easements or licenses, on, over, or under the real property necessary to
permit the permanent location and use of the improvements comprising the PROJECT.
ARTICLE 13 -
CONTRACTOR'S RIGHT OF ENTRY PERMIT AND INSURANCE
13.1 Entry onto the SCRRA right-of-way by the CITY or its contractors shall at all times be
subject to the current (at time of entry) requirements for entering the SCRRA right-of-way and
the SCRRA procedures and requirements for securing railway flagging or other protective
services. All procedures and requirements may be located through SCRRA’s website at
www.metrolinktrains.com
13.2 The CITY shall incorporate the provisions set forth in the above procedures and
requirements, and within Exhibit E-1 and Exhibit E-2, into each contract for construction of the
PROJECT. The CITY shall further require that each of its Contractor(s) comply with the
ARTIC Construction & Maintenance Agreement
20
requirements set forth in the above procedures, and within Exhibit E-1 and Exhibits E-2 to this
AGREEMENT.
13.3 If the CITY retains a Contractor(s) to perform any work involving the PROJECT
(including initial construction and any subsequent relocation or maintenance and repair work),
the CITY shall require the Contractor(s) to:
a) Execute SCRRA "Form 6 – Right of Entry Agreement" or similar form of agreement
as adopted by SCRRA at the time that any future work is performed without
modification. A copy of Form 6 as currently adopted by SCRRA can be accessed
through SCRRA’s website at www.metrolinktrains.com
b) Furnish and provide the bonds, insurance policies, certificates, binders, endorsements
or combinations thereof in accordance with the insurance requirements accompanying
SCRRA "Form 6 – Right of Entry Agreement".
13.4 The CITY shall not allow any contractor or contractors to commence any PROJECT
works on any portion of the SCRRA right-of-way, or anywhere in proximity to the right-of-way
where work operations have the potential to affect the right-of-way, until the contractor or
contractors have provided the required insurance and the right-of-entry is approved and signed
by SCRRA.
13.5 All insurance correspondence, binders, policies, certificates and/or endorsements shall
be sent to:
Christos Sourmelis
ROW Engineering Coordinator
279 E. Arrow Highway, Suite A
San Dimas, California 91773
Email: [email protected]
Phone: (909) 394-3418
SCRRA File No. S0000362
13.6 The City attests that it covers its exposure to liability losses for its own premises and
operations with a risk-financing structure as follows:
ARTIC Construction & Maintenance Agreement
21
a) Retained or self-funded layer: For the layer from $0 to $1,000,000 per occurrence,
the CITY maintains a formal, actuarially-based, funded retention to $1,000,000 per
occurrence. Any retention level greater than $1,000,000 per occurrence shall require
the prior written approval of SCRRA, which shall not be unreasonably withheld.
b) First excess layer: Excess of $1,000,000 per occurrence, the CITY secures coverage
through the Authority for California Cities Excess Liability (ACCEL), a joint powers
insurance authority duly formed and operated according to California law. ACCEL’s
retained risk layer is set each year by ACCEL’s Board of Directors.
c) Additional excess layers: Excess of the ACCEL layer, the CITY purchases excess
liability coverage through commercial insurance companies, with limits far greater
than what is required by SCRRA. In the unlikely event that CITY cannot secure
liability coverage limits at least as high as that required by SCRRA’s "Form 6 – Right
of Entry Agreement" (or similar form of agreement as adopted by SCRRA at the time
that any future work is performed without modification), CITY shall promptly notify
SCRRA, in writing, of such and the CITY and SCRRA shall mutually agree to an
alternative risk-financing program to satisfy SCRRA’s insurance requirements.
13.7 SCRRA agrees that as long as CITY maintains coverage for its exposure to liability losses
for its own premises and operations with a risk-financing structure equal to or better than that set
forth in Section 13.6, SCRRA shall accept such risk-financing program, in regard to the CITY’s
own work under this Agreement, as complying with SCRRA’s liability insurance requirements
under this Agreement.
13.8 CITY attests that in its bid documents for, and in the proposed agreement with, its prime
contractor for construction of the ARTIC Project, CITY has required, and is requiring, such
prime contractor to carry a liability insurance limit of no less than $75,000,000, per occurrence
and aggregate.
13.9 Nothing in Sections 13.6, 13.7, 13.8, or 13.9 shall relieve CITY of its obligations under
Article 13 regarding contractors working for, or on behalf of, CITY.
13.10 Under no circumstances will personnel, equipment, or material of a contractor or the
ARTIC Construction & Maintenance Agreement
22
CITY be allowed on the SCRRA right-of-way without providing the insurance required by this
article and arranging for flagging or other protective services.
ARTICLE 14 –
MAINTENANCE OF COMPLETED PROJECT
14.1 SCRRA will accept and maintain, at its sole cost and expense, the following portions of
the PROJECT:
a) The railroad roadbed, ballast, track and appurtenances;
b) The railroad signal facilities and appurtenances;
c) The railroad communications facilities and appurtenances trackside, and the
communication facilities and appurtenances on and throughout the extended portions
of the platforms, associated with Ticket Vending Machines, Passenger Information
Displays (LED signs and LCD monitors), Passenger Information Telephones, and
Emergency Management Panels. SCRRA shall not maintain any platform
communication facilities and appurtenances, for the purpose of displaying and
announcing information, operated by other service providers ;
d) The Ticket Vending Machine located within the main ARTIC development
e) The railroad track drainage system, for the purpose of draining the formation, roadbed,
ballast and track;
f) The Douglass Road bridge superstructure, bridge seats, bearings, bearing areas and
appurtenances;
g) Other facilities which SCRRA accepts and maintains whether constructed by CITY or
SCRRA.
14.2 CITY will own and maintain, at its sole cost and expense, the following portions of the
PROJECT:
a) The concourse over bridge infrastructure, services, equipment, and appurtenances;
b) The pedestrian and baggage tunnel(s) infrastructure, services, equipment and
appurtenances;
c) The platform infrastructure, equipment, furniture, drainage, services, utilities and
ARTIC Construction & Maintenance Agreement
23
appurtenances;
d) The communications facilities and appurtenances throughout the development, tunnels,
over bridge and platforms, except for those specifically noted as the responsibility of
SCRRA in Article 14.1 c);
e) The Douglass Road bridge abutments, piers, back walls, wing walls, retaining walls,
foundations, landscaping, earthworks, and roadway including the approaches and
curbs, gutters, sidewalks, drainage structures, lighting, and appurtenances thereto;
f) Any and all other elements of the PROJECT, unless specifically defined as the
responsibility of SCRRA in Article 14.1 a) through f) above.
14.3 If the CITY elects to paint the Douglass Road bridge superstructure, attach traffic signals,
warning devices, other potential traffic devices, or attach cladding panels for aesthetic purposes,
as part of the PROJECT, CITY shall keep the bridge girders and superstructure painted and
maintained as part of its maintenance obligations, and shall ensure that such signals, devices, or
panels, do not detrimentally affect the safe load carrying capacity of the bridge structural
members.
14.4 CITY must apply and maintain, to Douglass Road Bridge, vertical clearance signs which
consistently and accurately describe the minimum actual vertical clearance from the bottom of
the Structure to the top of any pavement.
14.5 CITY shall keep the underside of Douglass Road bridge structure, those portions of the
structure visible from the roadway, and surrounding areas clean and free from birds, pigeons,
scavengers, vermin, creatures, and other animals. CITY shall keep the underside and all portions
of the bridge free from graffiti.
14.6 CITY shall trim, mow, prune, remove, or otherwise control all vegetation within CITY
right-of-way which may encroach within the SCRRA right-of-way.
14.7 CITY shall ensure that its Contractor(s) responsible for maintenance of infrastructure,
equipment or services, wherein the act of maintenance of such infrastructure, equipment or
services requires access upon, over, under, or within twenty-five (25) feet of the closest track
centerline, or that otherwise may reasonably be expected to affect the safety of SCRRA
ARTIC Construction & Maintenance Agreement
24
infrastructure, operations, staff, or the public, complies fully with all SCRRA rules and
regulations with regards to access to, and work upon, the right-of-way. Appropriate method
statements, work plans, access requests, and indemnification insurance in accordance with
SCRRA procedures and processes, are to be provided and agreed with SCRRA prior to any work
commencing. Provision of right-of-way safety protection is to be arranged through SCRRA.
CITY shall ensure that all temporary and permanent maintenance equipment is secured such that
it cannot cause obstruction to SCRRA operations, staff or public.
14.8 CITY shall provide to SCRRA, for any infrastructure installed by CITY but to be
maintained by SCRRA, evidence of compliance to SCRRA standards and specifications for all
materials used, testing and inspection certification, Operation and Maintenance manuals as
appropriate, details of suppliers, and spare parts as agreed with SCRRA.
ARTICLE 15 -
EFFECTIVE DATE; TERM AND TERMINATION.
15. 1 This AGREEMENT shall become effective as of the date signed by SCRRA, and shall
continue in full force and effect for as long as PROJECT Structure(s) remain within the vicinity
of, and/or with the potential to affect, the SCRRA Railroad right-of-way.
15.2 In the event the CITY does not commence construction on the portion of the PROJECT
located within the vicinity of, and/or with the potential to affect, the SCRRA Railroad right-of-
way within twelve (12) months of the effective date of the AGREEMENT SCRRA may, if it so
elects, terminate this AGREEMENT effective upon delivery of thirty (30)written notice to the
CITY.
15.3 SCRRA may suspend its performance, under this AGREEMENT if it becomes
impracticable to proceed because of the lack of funding or restrictions on the distribution of
funds.
15.4 If the AGREEMENT is terminated or suspended as provided above, or for any other
reason, the CITY shall pay to SCRRA all actual costs incurred by SCRRA or its contractor(s) in
connection with the PROJECT up to the date of termination or suspension, including, without
ARTIC Construction & Maintenance Agreement
25
limitation, all actual costs incurred by SCRRA in connection with reviewing any preliminary or
final PROJECT PS&E, including allocated overhead.
ARTICLE 16 -
CONDITIONS PRECEDENT TO START OF WORK
16.1 Neither the CITY nor any Contractor(s) retained by the CITY may commence any work
within the vicinity of, and/or with the potential to affect, the SCRRA Railroad right-of-way or on
any other SCRRA property until:
a) SCRRA and CITY have executed this AGREEMENT.
b) SCRRA has provided to the CITY SCRRA’s written approval of the PS&E.
c) Each Contractor has executed SCRRA "Form No. 6 - Temporary Right-of-
Entry Agreement" and has obtained and provided to SCRRA the insurance
policies, certificates, binders, endorsements, or a combination thereof set forth in
the "Form 6 – Right of Entry Agreement.
d) All required sums for payment of SCRRA engineering support and protective
services have been deposited with SCRRA.
ARTICLE 17 -
INDEMNIFICATION
17.1 Neither SCRRA, nor the Operating Railroads, nor any of SCRRA’s board members, member
agencies, officers, agents, volunteers, contractors, or employees shall be responsible for any damage
or liability occurring by reason of any negligent or wrongful acts or omissions on the part of CITY
under or in connection with any aspect of the PROJECT, CITY WORK, authority or obligation
agreed to by the CITY under this AGREEMENT, regardless of the Article or Section in which such
authority or obligation appears. CITY shall indemnify, defend and hold harmless SCRRA, any
Operating Railroads, as identified by SCRRA, as well as their respective board members, member
agencies, officers, agents, volunteers, contractors, and employees (“SCRRA Indemnitees”) from any
and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs),
demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury,
death, personal injury, or property damage, that are incurred by or asserted against the SCRRA
Indemnitees arising out of or connected with any negligent or wrongful acts or omissions on the part
ARTIC Construction & Maintenance Agreement
26
of CITY, its council, officers, agents, contractors, or employees under or in connection with any
aspect of the PROJECT, work, authority or obligation agreed to by the CITY under this
AGREEMENT, regardless of the Article or Section in which such work, authority or obligation
appears. This indemnity shall survive completion of the PROJECT, CITY WORK, and
RAILROAD WORK and termination of this AGREEMENT.
17.2 Neither CITY, nor its Council, officers, agents, contractors, or employees shall be
responsible for any damage or liability occurring by reason of any negligent or wrongful acts or
omissions on the part of SCRRA under or in connection with any RAILROAD WORK, work,
authority or obligation agreed to by SCRRA under this AGREEMENT, regardless of the Article
or Section in which such work, authority, or obligation appears. SCRRA shall indemnify, defend
and hold harmless CITY, as well as their respective council, officers, agents, contractors, and
employees (“CITY Indemnitees”) from any and all liability, loss, expense (including reasonable
attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including
but not limited to, claims for bodily injury, death, personal injury, or property damage, that are
incurred by or asserted against the CITY Indemnitees arising out of or connected with any
negligent or wrongful acts or omissions on the part of SCRRA, its board members, officers,
agents, volunteers, contractors or employees under or in connection with any aspect of the
RAILROAD WORK, work, authority or obligation agreed to by SCRRA under this
AGREEMENT, regardless of the Article or Section in which such authority or obligation appears.
This indemnity shall survive completion of the PROJECT, CITY WORK, RAILROAD WORK,
and termination of this AGREEMENT.
17.3 In contemplation of the provisions of Government Code §895.2 imposing certain tort
liability jointly upon public entities solely by reason of such entities being parties to an agreement,
as defined in Government Code §895, each of the PARTIES hereto, pursuant to the authorization
contained in Government Code §895.4 and §895.6, will assume the full liability imposed upon it or
any of its officers, agents or employees by law for injury caused by any negligent or wrongful act
or omission occurring in the performance of this AGREEMENT to the same extent that such
liability would be imposed in the absence of §895.2 of such code. To achieve this purpose, each
other agrees to indemnify and hold harmless each other for any cost or expense that may be
imposed upon each other solely by virtue of said §895.2. The provisions of Civil Code §2778 are
ARTIC Construction & Maintenance Agreement
27
made a part hereof as if incorporated herein.
ARTICLE 18 -
GENERAL PROVISIONS
18.1 This AGREEMENT shall continue in force and effect unless otherwise provided herein, until
mutual termination by the PARTIES or the elimination or removal of the PROJECT elements
within the vicinity of, and/or with the potential to affect, the SCRRA Railroad right-of-way,
whichever occurs first. The covenants and provisions of this AGREEMENT shall be binding upon
and inure to the benefit of the successors and assigns of CITY and SCRRA.
18.2 This AGREEMENT may be modified or amended only in writing. All modifications,
amendments, changes and revisions of this AGREEMENT, in whole or part and from time to time,
shall be binding upon the PARTIES, so long as the same shall be in writing and executed by CITY
and SCRRA.
18.3 This AGREEMENT and the exhibits attached hereto contain the entire understanding
between the PARTIES and supersede any prior written or oral understanding and agreement
between them regarding the subject matter of this AGREEMENT. There are no representations,
agreements, arrangements or understandings, oral or written, between the PARTIES relating to
the subject matter of this AGREEMENT, which are not fully expressed herein.
18.4 The PARTIES to this AGREEMENT shall maintain all records associated with the
PROJECT for the period of three (3) years from the date of the final invoice in accordance with 23
CFR 645. If funding is provided by State and FHWA, under Section 130, the books pertaining to the
work shall be open to inspection and audit by representatives of the State and FHWA for three (3)
years after FHWA payment of final invoice. Furthermore, each PARTY shall make all records
available for audit by SCRRA, or CITY, or Federal auditors, or all or any combination. All audits
are to be performed in accordance with audit principles and standards as set forth in 48 CFR, Chapter
1, Part 31.
18.5 In addition to the specific provisions of this AGREEMENT, delay in performance by any
PARTY hereunder shall not be a default where delays or defaults are due to war; insurrection;
strikes; lock-outs; riots; floods; earthquakes; weather; fires; casualties; accidents; emergencies; acts
of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of
ARTIC Construction & Maintenance Agreement
28
transportation; unusually severe weather; Federally-mandated inspections and maintenance; and/or
any other causes beyond the control or without the fault of the PARTY claiming an extension of time
for any such cause. An extension of time for any such cause shall only be for the period of the
enforced delay, which period shall commence to run from the time of commencement of the cause.
If, however, notice by the PARTY claiming such extension is sent to the other PARTY more than
thirty (30) calendar days after the commencement of the cause, the period shall commence to run
only thirty (30) calendar days prior to the giving of such notice.
18.6 The execution and delivery of this AGREEMENT by each PARTY and the consummation of
the transactions contemplated hereby are within the power of each PARTY and have been duly
authorized by all necessary actions of each respective PARTY.
18.7 In the event any part of this AGREEMENT is declared by a court of competent
jurisdiction to be invalid, void or unenforceable, such part shall be deemed severed from the
remainder of the AGREEMENT and the balance of the AGREEMENT shall remain in effect.
18.8 This AGREEMENT shall be construed and interpreted under the laws of the State of
California.
18.9 The article and section headings in this AGREEMENT are for convenience only and
shall not be used in its interpretation or considered part of this AGREEMENT.
18.10 Any notice sent by first class mail, postage paid, to the address and addressee, shall be
deemed to have been given when in the ordinary course it would be delivered. The representatives of
the PARTIES who are primarily responsible for the administration of this AGREEMENT, and to
whom notices, demands and communications shall be given, are as follows:
CITY: SCRRA: Natalie Meeks Patricia A. Watkins City of Anaheim City Hall Assistant Director, Public Projects City of Anaheim SCRRA/Metrolink P.O Box 3222 279 East Arrow Highway, Suite A Anaheim, CA 92805 San Dimas, CA 91773 E-mail: [email protected] E-Mail: [email protected] Telephone: (714)765- 5176 Telephone: (909) 592-7937
ARTIC Construction & Maintenance Agreement
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Facsimile: (714 ) 765-5161 Facsimile: (909) 394-3207 IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be duly
executed in by their duly qualified and authorized officials.
SOUTHERN CALIFORNIA CITY OF ANAHEIM
REGIONAL RAIL AUTHORITY
By:________________________________
Dennis Marzec
Interim Chief Executive Officer
Date: ______________________________
APPROVED AS TO FORM:
By:_______________________________
Don O. Del Rio
General Counsel
Date: _____________________________
By:________________________________
Tom Tait
Mayor of the City of Anaheim
Date: ______________________________
APPROVED AS TO FORM:
By:_______________________________
Name: Cristina L. Talley
Title: City Attorney of the City of Anaheim
Date: _____________________________
ATTEST:
By:_______________________________
Name: Linda N. Andal
Title: City Clerk of the City of Anaheim
EXHIBIT A
To Construction and Maintenance Agreement for
ARTIC
Cover Sheet for the
Standard Terms and Conditions
1
EXHIBIT A
To Construction and Maintenance Agreement
TERMS AND CONDITIONS
SECTION 1 - CONDITIONS AND COVENANTS
a) SCRRA makes no covenant or warranty of title for quiet possession or against encumbrances. The CITY shall not use
or permit use of the Project Area for any purposes other than those described in this Agreement. Without limiting the foregoing,
the CITY shall not use or permit use of the Project Area for other railroad purposes, or for gas, oil or gasoline pipe lines. Any
lines constructed on SCRRA's right-of-way by or under authority of the CITY for the purpose of conveying electric power or
communications incidental to the CITY's use of the right-of-way for highway purposes shall be constructed in accordance with
specifications and requirements of SCRRA, and in such manner as not adversely to affect communication or signal lines of
SCRRA or its licensees now or hereafter located upon said right-of-way. No non-party shall be admitted by the CITY to use or
occupy any part of SCRRA's right-of-way without SCRRA's written consent. Nothing herein shall obligate SCRRA to give such
consent.
b) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or
not, and also to any renewals thereof. The CITY shall not damage, destroy or interfere with the right-of-way or rights of
nonparties in, upon or relating to the SCRRA right-of-way, unless the CITY at its own expense settles with and obtains releases
from such nonparties.
c) SCRRA and its member agencies reserve the right to use and to grant to others the right to use the Project Area for
any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct,
reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the right-of-way; also the
right to cross the Project Area with all kinds of equipment. SCRRA further reserves the right to attach signal, communication or
power lines to any highway facilities located upon the right-of-way, provided that such attachments shall comply with CITY's
specifications and will not interfere with the use of the Project Area.
d) So far as it lawfully may do so, the CITY will assume, bear and pay all taxes and assessments of whatsoever nature or
kind (whether general, local or special) levied or assessed upon or against the Project Area, excepting taxes levied upon and
against the right-of-way as a component part of SCRRA's operating right-of-way.
e) If any property or rights other than the right granted by this Agreement and the attached easements or licenses are
necessary for the construction, maintenance and use of the Project and its appurtenances, or for the performance of any work in
connection with the Project, the CITY will acquire all such other property and rights at its own expense and without expense to
SCRRA.
SECTION 2 - CONSTRUCTION OF PROJECT
2
a) All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must
be promptly commenced by the party obligated by this Agreement to perform the work. All work must be diligently prosecuted to
conclusion in its logical order and sequence. All changes or modifications proposed during construction which affect SCRRA or
the interests of SCRRA will be subject to SCRRA's approval prior to the commencement of work on all such changes or
modifications.
b) Except as may be otherwise specifically provided herein, the CITY, at its expense, shall furnish all necessary labor,
material tools, equipment, and superintendence, and shall construct and complete the Project and all appurtenances thereof.
The appurtenances shall include, without limitation, all necessary and proper drainage facilities, guard rails or barriers, and right
of way fences between the Project and the SCRRA tracks. Upon completion of the Project, the CITY shall remove from
SCRRA's right-of-way all temporary structures and false work, and will leave the Project Area and adjacent right-of-way in a
condition satisfactory to SCRRA.
c) The CITY, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for
the Project, and will furnish SCRRA upon request with satisfactory evidence that such authority has been obtained. The CITY
shall act as the lead agency on all planning, zoning, environmental approval and permitting activities required by State or Federal law
and shall obtain and pay for all other permits and licenses required by law or regulation for the Project.
d) All construction work of the CITY upon SCRRA's right-of-way (including, but not limited to, construction of the Project and all
appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Director of
Engineering and Construction of SCRRA or his authorized representative and in accordance with the Plans, Specifications and
Estimates, SCRRA’s Minimum Requirements set forth in Exhibit B-6, E-1, and E-2, and in all other procedures, guidelines or
standards furnished by SCRRA.
e) CITY shall require its Contractor(s) to reasonably adhere to the construction schedule adopted for all Project work.
Reasonable time must be allowed in the schedule for SCRRA to perform the scope of work for which it is responsible. However,
regardless of the requirements of the construction schedule, SCRRA reserves the right to reallocate the labor forces assigned to
complete the SCRRA scope of work in the event of an emergency to provide for the immediate restoration of railroad operations or to
protect persons or property on or near any SCRRA owned property. SCRRA will not be liable for any additional costs or expenses
resulting from any such reallocation of its labor forces. The parties mutually agree that any reallocation of labor forces by SCRRA
pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a
breach of this Agreement by SCRRA.
f) All construction work of the CITY shall be performed diligently and completed within a reasonable time, and in any event
within three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in
writing by SCRRA's Director of Engineering and Construction. No part of the Project shall be suspended, discontinued or unduly
delayed without SCRRA's written consent, and subject to such reasonable conditions as SCRRA may specify. It is understood
that SCRRA's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that
movement or stoppage of trains, engines or cars may cause delays in the work of the CITY. The CITY hereby assumes the risk
of any such delays and agrees that no claims for damage on account of any delay shall be made against SCRRA.
g) SCRRA will have the right to stop construction work on the Project if any of the following events take place:
3
i) CITY (or any of its Contractor(s)) performs the Project work in a manner contrary to the plans and specifications
approved by SCRRA;
ii) CITY (or any of its Contractor(s)), in SCRRA’s opinion, prosecutes the Project work in a manner which is hazardous
to SCRRA property, facilities or the safe and expeditious movement of railroad traffic;
iii) the insurance required by the Agreement is canceled during the course of the Project or does not meet the
minimum requirements specified herein; or
iv) CITY fails to pay any non-disputed costs incurred by SCRRA as provided in the Agreement.
v) The CITY’s Contractor(s) fails to provide sufficient deposit to SCRRA to cover the provision of flagging or other
protective service costs as provided by SCRRA
h) The work stoppage may continue until all necessary actions are taken by CITY or its Contractor(s) to rectify the
conditions to the satisfaction of SCRRA’s Director of Engineering and Construction or until additional insurance has been
delivered to and accepted by SCRRA, or the obligations are brought current.
SECTION 3 - INJURY AND DAMAGE TO PROPERTY
If the CITY, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything
for which the CITY is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of
SCRRA or of any other person lawfully occupying or using the right-of-way of SCRRA, such property shall be replaced or
repaired by the CITY at the CITY's own expense, or by SCRRA at the expense of the [CITY, and to the satisfaction of SCRRA's
Director of Engineering and Construction.
SECTION 4 - PAYMENT FOR WORK BY SCRRA
a) Notwithstanding the amount of any estimate provided by SCRRA, the CITY agrees to reimburse SCRRA for one
hundred percent (100%) of all actual costs incurred by SCRRA in connection with the PROJECT. SCRRA will submit to the
CITY quarterly reports for all work performed by SCRRA and all flagging and other protective services and devices during
progress of the Project. SCRRA will submit a detailed statement of final costs within one hundred and twenty (120) days after
completion of the Project, provided the CITY advises SCRRA of the commencement of the 120-day period by giving SCRRA
written notification of completion of the Project.
b) SCRRA may contract for the performance of any of its work by other than SCRRA forces. SCRRA shall notify the CITY
of the contract price within ninety (90) days after it is awarded. Unless SCRRA's work is to be performed on a fixed price basis,
the CITY shall reimburse SCRRA for the amount of the contract.
SECTION 5 - (NOT USED)
SECTION 6 - SAFETY MEASURES; PROTECTION OF SCRRA OPERATIONS
It is understood and recognized that safety and continuity of SCRRA's operations and communications are of the
utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that
4
accidents and/or incidents may be prevented and avoided, it is agreed with respect to all of said work of the CITY that the work
will be performed in a safe manner and in conformity with the following standards:
a) CITY and Contractor. All references in this Agreement to the CITY shall also include the Contractor(s), its
subcontractors of any tier, and their respective officers, agents and employees, and others acting under its or their authority;
and all references in this Agreement to work of the [CITY shall include work both within and outside of SCRRA’s right-of-way.
b) Compliance With Laws. The CITY shall comply with all applicable federal, state and local laws, regulations and
enactments affecting the work. The CITY shall use only such methods as are consistent with safety, both as concerns the
CITY, the CITY’s agents and employees, the officers, agents, employees and property of SCRRA and the public in general. The
CITY (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and
health acts, labor laws, laws governing trade, travel and use of material, and similar laws or regulations. All Federal Railroad
Administration regulations shall be followed when work is performed on SCRRA's premises. If any failure by the CITY to
comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed,
imposed or charged against SCRRA, the CITY shall reimburse and indemnify SCRRA for any such fine, penalty, cost, or
charge, including without limitation attorney's fees, court costs and expenses. The CITY further agrees in the event of any such
action, upon notice thereof being provided by SCRRA, to defend such action free of cost, charge, or expense to SCRRA.
c) No Interference or Delays. The CITY shall not do, suffer or permit anything which will or may obstruct, endanger,
interfere with, hinder or delay maintenance or operation of SCRRA's tracks or facilities, or any communication or signal lines,
installations or any appurtenances thereof, or the operations of others lawfully occupying or using SCRRA's right-of-way or
facilities.
d) Supervision. The CITY, at its own expense, shall adequately superintendent and inspect all work to be performed by
the CITY, and shall not inflict injury to persons or damage to property for the safety of whom or of which SCRRA may be
responsible, or to property of SCRRA. The responsibility of the CITY for safe conduct and adequate policing and supervision of
the Project shall not be lessened or otherwise affected by SCRRA's approval of plans and specifications, or by SCRRA's
collaboration in performance of any work, or by the presence at the work site of SCRRA's representatives, or by compliance by
the CITY with any requests or recommendations made by such representatives. If a representative of SCRRA is assigned to
the Project, the CITY will give due consideration to suggestions and recommendations made by such representative for the
safety and protection of SCRRA's property right-of-way and operations.
e) Suspension of Work. If at any time the CITY's Engineers or the Director of Engineering and Construction of SCRRA
or their respective representatives shall be of the opinion that any work of the CITY is being or is about to be done or
prosecuted without due regard and precaution for safety and security, the CITY shall immediately suspend the work until
suitable, adequate and proper protective measures are adopted and provided.
f) Removal of Debris. The CITY shall not cause, suffer or permit material or debris to be deposited or cast upon, or to
slide or fall upon any right-of-way or facilities of SCRRA; and any such material and debris shall be promptly removed from
SCRRA's right-of-way by the CITY at the CITY's own expense or by SCRRA at the expense of the CITY. The CITY shall not
cause, suffer or permit any water to be drained or pumped onto SCRRA's right-of-way during any dewatering from the Project
Area without the prior permission of SCRRA Director of Engineering and Construction.
5
g) Explosives. The CITY shall not discharge any explosives on or in the vicinity of SCRRA's right-of-way without the prior
consent of the SCRRA Director of Engineering and Construction, which will not be given if, in the sole discretion of SCRRA's
Director of Engineering and Construction, such discharge would be dangerous or would interfere with SCRRA's right-of-way,
property or facilities. For the purposes hereof, the "vicinity of SCRRA's right-of-way" shall be deemed to be any place on
SCRRA's right-of-way or in such close proximity to SCRRA's right-of-way that the discharge of explosives could cause injury to
SCRRA's employees or other persons, or cause damage to or interference with the facilities or operations on SCRRA's right-of-
way. SCRRA reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage,
security and use of explosives as SCRRA, in SCRRA's sole discretion, may deem to be necessary, desirable or appropriate.
h) Excavation. The CITY shall not excavate from existing slopes nor construct new slopes which are excessive
and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the
tracks of SCRRA. The CITY shall not do or cause to be done any work which will or may disturb the stability of any area or
adversely affect SCRRA's tracks or facilities. The CITY, at its own expense, shall install and maintain adequate shoring and
cribbing for all excavation and/or trenching performed by the CITY in connection with construction, maintenance or other work.
Systems for the support of any excavation must conform to the requirements of SCRRA Excavation Support Guidelines. The
shoring and cribbing shall be constructed and maintained with materials and in a manner approved by SCRRA's Director of
Engineering and Construction to withstand all stresses likely to be encountered, including any stresses resulting from railroad
surcharges or vibrations caused by SCRRA's operations in the vicinity.
i) Falsework. No falsework may be erected over the track or on SCRRA right-of-way except as approved by SCRRA. All
falsework must conform to the requirements of the Caltrans Falsework Manual for traffic openings and any additional provisions
provided by SCRRA:
j) Drainage. The CITY, at the CITY's own expense, shall provide and maintain suitable facilities for draining the
Structure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon right-of-way of
SCRRA. The CITY, at the CITY’s own expense, shall provide adequate passageway for the waters of any streams, bodies of
water and drainage facilities (either natural or artificial, and including water from SCRRA's culvert and drainage facilities), so
that said waters may not, because of any facilities or work of the CITY, be impeded, obstructed, diverted or caused to back up,
overflow or damage the right-of-way or property of SCRRA or any part thereof, or the property of others. The CITY] shall not
obstruct or interfere with existing ditches or drainage facilities.
k) Fiber Optic Cables. Fiber optic and other cable systems may be buried on SCRRA's right-of-way. Protection of the
fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business
interruption and loss of revenue and profits. The CITY and its consultants and contractors shall telephone the Underground
Service Alert of Southern California toll-free at (800) 227-2600 a minimum of 2 workings days before performing any excavation.
b) SCRRA Signal and Communication Facilities. SCRRA is not a member of Underground Service Alert of Southern
California. The [CITY, COUNTY, STATE, AGENCY], and its consultants and contractors, shall call SCRRA Signal Department
at (909) 859-4100 to request marking of signal and communication cables or conduits or both a minimum of 72-hours prior to
performing any excavation on SCRRA right-of-way. No work may proceed until you have been provided with an SCRRA dig
6
number in addition to that provided by Underground Service Alert. In case of signal emergencies or grade crossing problems,
the contractor shall call SCRRA's 24-hour signal emergency number at (888) 446-9721.
SECTION 7 - INTERIM WARNING DEVICES
a) If at any time it is determined by the CPUC or FRA, by the CITY, or by agreement between the parties, that new or
improved train activated warning devices should be installed at the Crossing Area, the CITY shall install adequate temporary
warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction
or reconstruction of the Structure has been completed.
SECTION 8 - OTHER RAILROADS AND AGENCIES
All protective and indemnifying provisions of this Agreement shall inure to the benefit of SCRRA and any other Operating
Railroad company lawfully using SCRRA's right-of-way or facilities. On any certificate of insurance furnished pursuant to this
Agreement, SCRRA must be named as the Certificate holder or the insured. The following must be named as an additional
insured:
Los Angeles County Metropolitan Transportation Authority. (LACMTA)
Orange County Transportation Authority (OCTA)
Riverside County Transportation Commission (RCTC)
San Bernardino Associated Government (SANBAG)
Ventura County Transportation Commission (VCTC)
Union Pacific Railroad Company (UPRR)
Burlington Northern Santa Fe Corp. (BNSF)
National Railroad Passenger Corporation (Amtrak)
SECTION 9 - REMEDIES FOR BREACH OR NONUSE
a) If the CITY shall fail, refuse or neglect to perform and abide by the terms of this Agreement, SCRRA, in addition to any
other rights and remedies, may perform any work which in the judgment of SCRRA is necessary to place the Structure and
appurtenances in such condition as will not menace, endanger or interfere with SCRRA's facilities or operations or jeopardize
SCRRA's employees; and the CITY will reimburse SCRRA for the expenses thereof.
b) The CITY will surrender peaceable possession of the Crossing Area and Structure upon termination of this Agreement.
Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may
have arisen prior to termination.
END EXHIBIT A
EXHIBIT B-1
To Construction and Maintenance Agreement
for
ARTIC
Description of Project
EXHIBIT B-1
DETAILED PROJECT DESCRIPTION
ARTIC
SCRRA MILE POST 170.65 – 171.0 – ORANGE SUBDIVISION
The new Anaheim Regional Transportation Intermodal Center (ARTIC) will be a unified facility where
people will move seamlessly from one mode of transit to another, allowing them to reach Southern
California activity centers and business districts. Transit oriented development in the immediate area
will integrate with ARTIC to form a vibrant community.
ARTIC will serve as a hub for Orange County and the region, a landmark where freeways, major
arterials, bus routes and Orange County’s backbone rail system converge. The network of transit choices
will continue to grow in the coming years as the number of Metrolink and Amtrak trains serving
Anaheim and local and express bus routes increase. On opening day, ARTIC services will include:
Metrolink, Amtrak, OCTA bus, Anaheim Resort Transit, shuttles, taxis, and tour and charter buses.
ARTIC will also accommodate future plans for the Anaheim Rapid Connection (ARC) and high-speed
trains.
The ARTIC site is bounded by East Katella Avenue to the north, Douglass Road to the west, State Route
57 to the south and the Santa Ana River to the east, and will straddle OCTA’s Los Angeles to San Diego
to San Luis Obispo (“LOSSAN”) corridor. Along the rail corridor, SCRRA operates Metrolink
commuter rail services, Amtrak operates Surfliner Intercity service, and UPRR BNSF operate freight
services. Major facilities include two mainline tracks, the Douglass Road bridge superstructure, and the
existing Anaheim/Metrolink Station.
The construction of ARTIC will affect Metrolink’s rail services and rail infrastructure. Permanent rail
track and platform modifications are proposed to be reconstructed as part of the Project in the area
known as the Orange Subdivision between Katella Avenue and the railroad west abutment of the Santa
Ana River Bridge.
The scope of the Project as it affects SCRRA’s existing right-of-way, infrastructure, services and
operations, and for which this Construction and Maintenance Agreement defines the roles and
responsibilities of the parties pertaining to the Agreement as to so effect the scope, will cover:
a. Converting the existing Anaheim Metrolink Station and station facilities, including associated
passenger access, platforms, platform amenities, underpasses and overpasses;
b. Modifying and replacing the Douglass Road rail bridge structure;
c. Douglass Road improvements in the immediate vicinity of the railroad right-of-way;
d. Communications and signals (C & S) modifications required to support the infrastructure
modifications;
e. Any and all necessary changes to railroad telephone, telegraph, signal, fiber optic, oil, gas and
electrical lines and appurtenances;
f. All temporary and permanent track work, fencing, grading, alteration to or new construction of
drainage facilities; and
g. Any and/or all other work of every kind and character necessary to accomplish the successful
construction and maintenance of the ARTIC development as it affects, or may affect, the railroad
right-of-way, infrastructure and operations.
EXHIBIT B-2
To Construction and Maintenance Agreement
for
ARTIC
Cover Sheet for the
Railroad Location Print
DN
DN
RR
X
XX
XX
X X
X X
X X
X X
X
113+58.61TS
114+18.61SC
115+54.56CS
116+14.56ST
213+69.75TS
214+29.75SC
215+76.68CS
216+36.68ST
224+74.37POE
119+50.42TS
120+10.42SC
122+54.73ST
124+33.66POE
219+56.46TS
220+16.46SC
221+53.96CS
222+13.96ST
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, C
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, C
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.05
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EXHIBIT B-3
To Construction and Maintenance Agreement
for
ARTIC
Cover Sheet for the
Index of Project Plans
SH
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200 S
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#276
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, C
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(714)
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EXHIBIT B-4
To Construction and Maintenance Agreement
for
ARTIC
Cover Sheet for the
Index of Project Specifications
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
Anaheim, CA Issued: May 29, 2012
TABLE OF CONTENTS 1
CONSTRUCTION DOCUMENT – BID SET
SPECIFICATIONS
TABLE OF CONTENTS
VOLUME 5 - DIVISION 00 TO 01
Section
Number Section Title
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
00 11 16 Invitation to Bid
00 21 13 Instructions to Bidders
00 40 00 Bid Form
00 43 13 Bid Bond
00 43 36 Designation of Subcontractors
00 45 13 Bidder’s Qualifications
00 45 19 Noncollusion Affidavit
00 45 36 Equal Employment Opportunity Certificate of Compliance
00 45 43 DBE Race-Neutral Participation Listing (Exhibit D-2)
00 45 53 Buy America Certification
00 45 56 Certification Regarding Lobbying
00 52 00 Agreement for Public Work
00 61 13 Faithful Performance Bond
00 61 16 Labor and Material Bond
00 72 00 General Conditions
00 73 16 Insurance Requirements
00 73 46 Wage Rate Determination
DIVISION 01 - GENERAL REQUIREMENTS
01 11 00 Summary of Work
01 14 00 Work Restrictions
01 23 00 Alternates
01 24 15 Value Engineering Change Proposals (VECP)
01 25 00 Substitution Procedures
01 26 00 Contract Modification Procedures
01 29 00 Payment Procedures
01 31 00 Project Management and Coordination
01 32 00 Construction Progress Schedules
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
Anaheim, CA Issued: May 29, 2012
TABLE OF CONTENTS 2
01 32 33 Photographic Documentation
01 33 00 Submittal Procedures
01 35 28 Railroad Procedures
01 35 43 Environmental Procedures
01 40 00 Quality Requirements
01 42 00 References
01 43 39 Mockups
01 45 23 Exterior Wall Testing Requirements
01 50 00 Temporary Facilities and Controls
01 60 00 Product Requirements
01 73 00 Execution
01 73 20.11 Project Procedures for Indoor Air Quality (IAQ)
01 73 20.12 Indoor Air Quality (IAQ) Management Plan
01 73 20.15 Indoor Air Quality (IAQ) Management During Construction
01 74 19 Construction Waste Management and Disposal
01 77 00 Closeout Procedures
01 78 23 Operation and Maintenance Data
01 78 39 Project Record Documents
01 79 00 Demonstration and Training
01 81 13.13 Sustainable Design Requirements
01 91 13 General Commissioning Requirements
APPENDICES COVER SHEETS
Appendix A Permits
Appendix B Trenching and Tunneling Near Trees
Appendix C Exempt Materials List
Appendix D SCRRA (Metrolink) Requirements and Procedures
Appendix E Geotechnical Reports
Appendix F Hazardous Materials Information
Appendix G Wind Tunnel Reports
Appendix H Standard Plans
Appendix I Utilities and Roadway References
Appendix J Anaheim Resort Area Streetscape Specifications
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
Anaheim, CA Issued: May 29, 2012
TABLE OF CONTENTS 3
CONSTRUCTION DOCUMENT – BID SET
SPECIFICATIONS
TABLE OF CONTENTS
VOLUME 6 – DIVISION 02 TO 07
DIVISION 02 – EXISTING CONDITIONS
02 41 16 Structure Demolition
DIVISION 03 – CONCRETE
03 10 00 Concrete Formwork
03 20 00 Concrete Reinforcing
03 30 00 Cast-in-Place Concrete
03 30 53 Miscellaneous Cast-in-Place Concrete
03 34 00 Low Density Concrete
03 35 00 Concrete Finishing and Curing
03 35 16 Polished Concrete Flooring System
03 35 19 Colored Concrete Finishing
03 35 43 Stained Concrete Finish
03 48 00 Precast Concrete Specialties
03 54 00 Cast Underlayment
DIVISION 04 – MASONRY
04 20 00 Unit Masonry
DIVISION 05 – METALS
05 05 12 Hot Dip Galvanizing
05 05 13 Shop-Applied Primer
05 05 14 Shop-Applied Aluminum Coatings
05 05 23 Metal Fastenings
05 12 00 Structural Steel Framing
05 12 10 Structural Steel - Additional Seismic Requirements
05 12 13 Architecturally Exposed Structural Steel
05 12 50 Buckling Restrained Braces
05 31 00 Steel Decking
05 40 00 Cold-Formed Metal Framing
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
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TABLE OF CONTENTS 4
05 50 00 Metal Fabrications
05 50 10 Specialty Landscape Fabrications
05 51 00 Metal Stairs
05 51 33 Metal Ladders
05 51 33.16 Inclined Metal Ladders
05 52 13 Pipe and Tube Railings
05 53 00 Metal Gratings
05 55 16 Metal Stair Nosings
05 58 13 Column Covers
05 70 00 Decorative Metal Fabrications
05 73 00 Decorative Metal Railings
05 73 13 Glazed Decorative Metal Railings
05 73 16 Wire Rope Decorative Metal Railings
05 73 17 Cable Railing
DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES
06 10 53 Miscellaneous Rough Carpentry
06 16 43 Gypsum Sheathing
06 41 00 Architectural Wood Casework
DIVISION 07 – THERMAL AND MOISTURE PROTECTION
07 13 26 Modified Bituminous SASM Waterproofing
07 14 13 Hot Fluid-Applied Waterproofing
07 14 16 Cold Fluid-Applied Waterproofing
07 19 33 Penetrating Water Repellent
07 21 00 Thermal Insulation
07 26 13 Below-Grade Vapor Retarder
07 27 13 Modified Bituminuous Sheet Air Barriers
07 41 13 Metal Roof Panels
07 42 13 Metal Wall Panels
07 42 14 Aluminum Flat Plate Wall Panels
07 54 19 Polyvinyl Chloride (PVC) Roofing
07 62 00 Sheet Metal Flashing and Trim
07 65 26 Self-Adhering Sheet Flashing
07 72 33 Roof Hatches
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TABLE OF CONTENTS 5
07 72 60 Fall Restraint System
07 81 16 Cementitious Fireproofing
07 84 00 Firestopping
07 92 00 Joint Sealers
07 95 13 Expansion Joint Assemblies
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
Anaheim, CA Issued: May 29, 2012
TABLE OF CONTENTS 6
CONSTRUCTION DOCUMENT – PLAN CHECK SET
SPECIFICATIONS
TABLE OF CONTENTS
VOLUME 7 – DIVISION 08 TO 14
DIVISION 08 – OPENINGS
08 12 13 Standard Hollow Metal Frames
08 12 16 Aluminum Frames
08 13 13 Standard Hollow Metal Doors
08 14 16 Flush Wood Doors
08 14 23 Vinyl Acrylic-Clad Doors
08 31 16 Access Panels and Frames
08 33 13 Coiling Counter Doors
08 33 23 Overhead Coiling Doors
08 41 13 Aluminum-Framed Entrances and Storefronts
08 42 26 Standard All-Glass Entrances
08 42 29 Automatic Entrances
08 44 13 Glazed Aluminum Curtain Walls
08 44 15 Curtain Walls and Glazed Assemblies
08 44 29 Specialty Glass Walls
08 71 00 Door Hardware
08 81 00 Glass Glazing
08 83 13 Mirrored Glass
08 91 00 Louvers
DIVISION 09 – FINISHES
09 05 16 Preparation of Concrete Slabs for Finish Flooring
09 21 16 Gypsum Board Shaft Wall Assemblies
09 22 16 Non-Structural Metal Framing
09 22 26 Suspension Systems
09 23 13 Acoustical Gypsum Plastering
09 27 13 Glass-Fiber-Reinforced Plaster Fabrications
09 27 33 Solid Mineral Profile Board Paneling
09 28 00 Tile Backing Boards
09 29 00 Gypsum Board
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
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TABLE OF CONTENTS 7
09 30 00 Tiling
09 51 13 Acoustical Panel Ceilings
09 51 33 Acoustic Metal Pan Ceilings
09 65 13 Resilient Base and Accessories
09 65 19 Resilient Tile Flooring
09 65 36 Static Control Resilient Flooring
09 66 19 Precast Terrazzo Specialties
09 66 23 Epoxy Terrazzo Flooring
09 67 23 Resinous Flooring
09 68 13 Tile Carpeting
09 72 00 Contract Wall Coverings
09 77 16 FRP Wall Panels
09 77 23 Fabric-Wrapped Panels
09 77 33 Decorative Wall Panel Systems
09 77 43 Plastic Paneling
09 81 33 Acoustical Insulation and Sealants
09 91 00 Painting
09 96 13 Abrasion-Resistant Coatings
09 96 23 Graffiti-Resistant Coating
09 96 53 Elastomeric Coatings
09 97 13 High Performance Steel Coatings
09 97 23 Penetrating Concrete Floor Sealer
DIVISION 10 – SPECIALTIES
10 14 00 Signage
10 18 00 Informational Kiosk
10 21 13 Toilet Compartments
10 22 26 Operable Partitions
10 26 00 Wall and Door Protection
10 28 13 Commercial Toilet Accessories
10 41 16 Emergency Key Vault
10 44 00 Fire Protection Specialties
10 51 13 Metal Lockers
10 73 16 Canopies
10 75 00 Flagpoles
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
Anaheim, CA Issued: May 29, 2012
TABLE OF CONTENTS 8
DIVISION 11 – EQUIPMENT
11 12 05 Parking Controls and Fare Collection Equipment
11 13 00 Loading Dock Equipment
11 24 23 Window Washing and Maintenance Specialties
11 33 00 Folding Stair
11 82 26 Waste Compactor
DIVISION 12 – FURNISHINGS
12 24 13 Roller Window Shades
12 36 63 Quartz Countertops
12 48 16 Entrance Floor Grilles
12 62 23 Tandem Seating
12 93 00 Site and Street Furnishings
12 93 53 Site Seating, Tables, and Recycling Bins
DIVISION 13 – SPECIAL CONSTRUCTION
13 31 35 ETFE Fabric Structure
13 49 83 Ballistic Protection
DIVISION 14 – CONVEYING EQUIPMENT
14 21 20 Machine-Room Less Elevators
14 31 00 Escalators
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
Anaheim, CA Issued: May 29, 2012
TABLE OF CONTENTS 9
CONSTRUCTION DOCUMENT – BID SET
SPECIFICATIONS
TABLE OF CONTENTS
VOLUME 8 – DIVISION 21 TO 23
DIVISION 21 – FIRE SUPPRESSION
21 05 13 Common Motor Requirements for Fire Suppression Equipment
21 05 17 Sleeves and Sleeve Seals for Fire-Suppression Piping
21 05 18 Escutcheons for Fire-Suppression Piping
21 05 48 Vibration and Seismic Controls for Fire-Suppression Piping and Equipment
21 05 53 Identification for Fire-Suppression Piping and Equipment
21 07 00 Fire Suppression Systems Insulation
21 12 00 Fire-Suppression Standpipes
21 13 13 Wet-Pipe Sprinkler Systems
21 13 16 Dry-Pipe Sprinkler Systems
DIVISION 22 – PLUMBING
22 05 13 Common Motor Requirements for Plumbing Equipment
22 05 16 Expansion Fittings and Loops for Plumbing Piping
22 05 17 Sleeves and Sleeve Seals for Plumbing Piping
22 05 18 Escutcheons for Plumbing Piping
22 05 19 Meters and Gages for Plumbing Piping
22 05 23 General-Duty Valves for Plumbing Piping
22 05 29 Hangers and Supports for Plumbing Piping and Equipment
22 05 48 Vibration and Seismic Controls for Plumbing Piping and Equipment
22 05 53 Identification for Plumbing Piping and Equipment
22 07 19 Plumbing Piping Insulation
22 11 16 Domestic Water Piping
22 11 19 Domestic Water Piping Specialties
22 11 23.13 Domestic-Water Packaged Booster Pumps
22 13 16 Sanitary Waste and Vent Piping
22 13 19 Sanitary Waste Piping Specialties
22 13 23 Sanitary Waste Interceptors
22 14 13 Facility Storm Drainage Piping
22 14 23 Storm Drainage Piping Specialties
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
Anaheim, CA Issued: May 29, 2012
TABLE OF CONTENTS 10
22 14 29 Sump Pumps
22 30 00 Electric, Domestic-Water Heaters
22 42 13.13 Commercial Water Closets
22 42 13.16 Commercial Urinals
22 42 16.13 Commercials Lavatories
22 42 16.16 Commercial Sinks
22 42 23 Commercial Showers, Receptors, and Basins
22 47 13 Drinking Fountains
DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)
23 05 13 Common Motor Requirements for HVAC Equipment
23 05 16 Expansion Fittings and Loops for HVAC Piping
23 05 17 Sleeves and Sleeve Seals for HVAC Piping
23 05 18 Escutcheons for HVAC Piping
23 05 19 Meters and Gages for HVAC Piping
23 05 23 General-Duty Valves for HVAC Piping
23 05 29 Hangers and Supports for HVAC Piping and Equipment
23 05 48 Vibration and Seismic Controls for HVAC Piping and Equipment
23 05 53 Identification for HVAC Piping and Equipment
23 05 93 Testing, Adjusting, and Balancing for HVAC
23 07 13 Duct Insulation
23 07 16 HVAC Equipment Insulation
23 07 19 HVAC Piping Insulation
23 09 00 Instrumentation and Control for HVAC
23 09 93 Sequence of Operations for HVAC Controls
23 11 23 Facility Natural-Gas Piping
23 21 13 Hydronic Piping
23 21 13.13 Underground Hydronic Piping
23 21 23 Hydronic Pumps
23 23 00 Refrigerant Piping
23 25 00 HVAC Water Treatment
23 31 13 Metal Ducts
23 33 00 Air Duct Accessories
23 34 13 Axial HVAC Fans
23 34 23 HVAC Power Ventilators
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
Anaheim, CA Issued: May 29, 2012
TABLE OF CONTENTS 11
23 34 33 Air Doors
23 36 00 Air Terminal Units
23 37 13 Diffusers, Registers, and Grilles
23 51 00 Breechings, Chimneys, and Stacks
23 52 16 Condensing Boilers
23 64 16 Centrifugal Water Chillers
23 65 00 Cooling Towers
23 73 13 Modular Indoor Central-Station Air-Handling Units
23 81 26 Split-System Air-Conditioning Units
23 82 19 Fan Coil Units
23 83 16 Radiant-Hydronic Piping
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
Anaheim, CA Issued: May 29, 2012
TABLE OF CONTENTS 12
CONSTRUCTION DOCUMENT – BID SET
SPECIFICATIONS
TABLE OF CONTENTS
VOLUME 9 – DIVISION 26 TO 28
DIVISION 26 – ELECTRICAL
26 05 00 Common Work Results for Electrical
26 05 19 Low-Voltage Electrical Power Conductors and Cables
26 05 23 Control-Voltage Electrical Power Cables
26 05 26 Grounding and Bonding for Electrical Systems
26 05 29 Hangers and Supports for Electrical Systems
26 05 33 Raceways and Boxes for Electrical Systems
26 05 39 Underfloor Raceways for Electrical Systems
26 05 43 Underground Ducts and Raceways for Electrical Systems
26 05 44 Sleeves and Sleeve Seals for Electrical Raceways and Cabling
26 05 48 Vibration and Seismic Controls for Electrical Systems
26 05 53 Identification for Electrical Systems
26 05 70 Network Lighting Control System
26 05 73 Overcurrent Protective Device Coordination Study
26 06 50.16 Lighting Fixture Schedule
26 09 23 Lighting Control Devices
26 22 00 Low-Voltage Transformers
26 24 13 Switchboards
26 24 16 Panelboards
26 27 13 Electricity Metering
26 27 26 Wiring Devices
26 28 13 Fuses
26 28 16 Enclosed Switches and Circuit Breakers
26 29 13 Enclosed Controllers
26 29 23 Variable-Frequency Motor Controllers
26 31 10 Photovoltaic Generating System
26 32 13 Engine Generators
26 33 53 Static Uninterruptible Power Supply
26 36 00 Transfer Switches
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
Anaheim, CA Issued: May 29, 2012
TABLE OF CONTENTS 13
26 43 13 Surge Protection for Low-Voltage Electrical Power Circuits
26 50 10 Architectural Lighting Fixtures, Lamps & Ballasts
26 50 10.01 Lighting Fixture Cut Sheets
DIVISION 27 – COMMUNICATIONS
27 05 00 Common Work Results For Communications
27 11 00 Communications Equipment Room Fittings
27 13 00 Structured Wiring
27 22 19 Servers
27 25 29 Data Communications Equipment
27 31 23 Voice IP Call Manager
27 31 33 Call Recording
27 32 13 Voice Communication Station Equipment and Analog Gateways
27 32 43 Radio Communication Systems
27 33 16 Voice Mail and Auto-Attendant Software
27 33 26 Virtual Facsimile Software
27 34 16 Telemanagement Software
27 35 23 E-911 Application and Servers
27 41 33 Master Antenna Television System
27 51 16 Public Address System
27 51 23 Information and Emergency Intercommunication System
DIVISION 28 – ELECTRONIC SAFETY AND SECURITY
28 05 00 Common Work Results for Electronic Safety and Security
28 05 13 Conductors and Cables for Electronic Safety and Security
28 13 00 Access Control System
28 23 00 Video Surveillance System
28 31 11 Digital, Addressable Fire-Alarm and Voice Evacuation System
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
Anaheim, CA Issued: May 29, 2012
TABLE OF CONTENTS 14
CONSTRUCTION DOCUMENT – BID SET
SPECIFICATIONS
TABLE OF CONTENTS
VOLUME 10 – DIVISION 31 TO 50
DIVISION 31 – EARTHWORK
31 00 10 Earthwork
31 22 19 Landscape Grading
31 32 00 Deep Dynamic Compaction
DIVISION 32 – EXTERIOR IMPROVEMENTS
32 12 16 Asphalt Paving
32 13 13 Concrete Paving
32 13 23 Site Concrete
32 14 00 Unit Paving
32 17 13 Parking Bumpers
32 17 23 Pavement Markings
32 17 26 Tactile Warning Surface
32 31 13 Chain Link Fencing and Gates
32 31 21 Automatic Gate Systems
32 84 00 Irrigation Systems
32 91 13 Soil Preparation
32 93 00 Exterior Plants
32 93 60 Palm Tree Planting
32 94 00 Landscape Planting Accessories
32 98 13 Landscape Establishment Period
DIVISION 33 – UTILITIES
33 10 10 Potable Water System
33 11 20 Fire Suppression Water System
33 11 30 Recycled Water System
33 30 10 Sanitary Sewers
33 41 00 Storm Utility Drainage Piping
Anaheim Regional Transportation Intermodal Center (ARTIC) Construction Document
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TABLE OF CONTENTS 15
DIVISION 34 – TRANSPORTATION
34 11 16 Field Welding Rail
34 11 26 Ballast
34 11 27 Sub-Ballast and Aggregate Base
34 11 33 Concrete Railroad Ties
34 11 34 Wood Railroad Ties
34 44 00 Railroad Communications Technical Requirements
34 44 10 Railroad Prefabricated Communications Facilities
34 44 20 Railroad Communications Wire and Cable
34 44 25 Railroad Fiber Optic Subsystem
34 44 30 Railroad Outside Plant Construction Standards
34 44 45 Railroad Inside Plant Construction
34 44 50 Customer Information System - SCRRA
34 44 60 Railroad Batteries and Related Equipment
34 44 79 Railroad Optical Wide Area Network
34 72 00 Trackwork
34 72 20 Track Shifting and Resurfacing
34 77 16 Baggage Handling Equipment
34 80 22 Cast-in-Drilled-Hole Piles
34 80 31 Bridge Deck Drainage System
34 80 33 Hot Mix Asphalt (HMA) for Bridges
34 80 41 Structural Concrete for Railroad and Civil Works
34 80 42 Reinforcement for Railroad and Civil Works
34 80 43 Precast and Prestressed Concrete for Railroad Bridges
34 80 51 Structural Steel for Railroad Bridges
34 80 52 Metal Fabrications for Railroad Bridges
34 80 53 Steel Handrails for Railroad Bridges
34 80 61 Painting and Protective Coatings for Railroad Bridges
DIVISION 50 – OFF SITE COMPONENT SPECIFICATIONS
Specifications for Traffic Controls, Traffic Signs, 12kV Underground Utilities and Street Lighting
All proposed works upon, or with the potential to affect, SCRRA’s right-of-way, associated
infrastructure, services, and operations, and the design, planning and execution of such works are to
conform to the following SCRRA Forms, Standards and Specifications:
• Engineering Standard Drawings – notably:
o 1000 – General o 3000 – Station o 4000 – Grade Crossings o 5000 – Right-of-Way o 6000 – Structures o 9000 - Communications
• Design Criteria Manual
• Design Procedures Manual
• Grade Separation Guidelines
• Excavation Support Guidelines
• Standard Specifications
• SCRRA Form No. 5 – Indemnification and Assumption of Liability Agreement
• SCRRA Form No. 6 – Temporary Right-of-Entry Agreement
• SCRRA Form No. 37 – Rules and Requirements for Construction on Railway Property Train Traffic Information
EXHIBIT B-5
To Construction and Maintenance Agreement
for
ARTIC
SCRRA Form of Approval
SCRRA File No. S0000362 [Enter Date] Natalie Meeks Director of Public Works City of Anaheim City of Anaheim City Hall 200 S. Anaheim Blvd., Suite 276 Anaheim, California 92805 Reference: Anaheim Regional Transportation Intermodal Center SCRRA Project No. 860721 Approval of Plans, Specifications and Estimates Dear Natalie, This letter serves as the Southern California Regional Rail Authority’s (“SCRRA”) final written approval of the Plans and Specifications covering the construction of the Anaheim Regional Transportation Intermodal Center, in so far as they affect or have the potential to affect the railroad infrastructure and operations, based on the review, by SCRRA, of the final plans, specifications, and estimates (P, S&E) that are to be issued for bid. This final written approval is given to the City of Anaheim pursuant to Article 3.7 of the Construction and Maintenance Agreement between SCRRA and the City of Anaheim dated XXX If the Plans and Specifications are revised by the City subsequent to the date set forth above, this letter shall no longer serve as final written approval of the P, S&E and the City of Anaheim must submit the proposed revisions to SCRRA for final written approval. Sincerely yours, William Doran Director of Engineering & Construction
EXHIBIT B-6
To Construction and Maintenance Agreement
for
ARTIC
List of Submittals Requiring
SCRRA Review
The following documents are to be submitted in a timely manner to SCRRA, for review and
agreement, prior to any works commencing upon, or with the potential to affect, SCRRA’s right-of-
way, associated infrastructure, services, and operations:
• SCRRA Form No. 5 – Indemnification and Assumption of Liability Agreement
• SCRRA Form No. 6 – Temporary Right-of-Entry Agreement
• Temporary Works Designs and Calculations
• Site Specific Work Plans
• Detailed Statements for all works requiring Track Possessions
• Schedules
• Risk Assessments
• Inspection and Testing Plans
• HazMat Assessments (where applicable)
EXHIBIT C-1
To Construction and Maintenance Agreement
for
ARTIC
Cover Sheet for the
Easement or License for Crossing Area
LEGAL DESCRIPTION CURRENT AMTRAK SITE
The real property in the City of Anaheim, County of Orange, State of California, described as follows:
Portions of PARCEL 1 AND 3 OF PARCEL MAP RECORDED SEPTEMBER 4, 2007 IN BOOK 357, PAGES 25-34 OF OFFICIAL RECORDS.
APN: 232-011-40
LEGAL DESCRIPTION 1750 SOUTH DOUGLASS ROAD
The real property in the City of Anaheim, County of Orange, State of California, described as follows:
PARCEL 1 OF PARCEL MAP NO. 98-106, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 303, PAGES 39 THROUGH 44, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL MINERALS, GAS, OIL, PETROLEUM, NAPTHA AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER THE ABOVE DESCRIBED STRIP OF LAND, TOGETHER WITH ALL NECESSARY AND CONVENIENT RIGHTS TO EXPLORE FOR, DEVELOP, PRODUCE, EXTRACT, AND TAKE THE SAME, SUBJECT TO THE EXPRESS LIMITATIONS THAT ANY AND ALL OPERATIONS FOR THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION, AND TAKING OF ANY OF SAID SUBSTANCES SHALL BE CARRIED ON AT LEVELS BELOW THE DEPTH OF 100 FEET FROM THE SURFACE OF THE ABOVE DESCRIBED STRIP OF LAND, BY MEANS OF MINES, WELLS, DERRICKS, AN/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND LYING OUTSIDE OF THE ABOVE DESCRIBED STRIP OF LAND, AND SUBJECT FURTHER TO THE EXPRESS LIMITATION THAT THE FOREGOING RESERVATION SHALL IN NO WAY BE INTERPRETED TO INCLUDE ANY RIGHT OF ENTRY IN AND UPON THE SURFACE OF THE ABOVE-DESCRIBED STRIP OF LAND, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN DOCUMENT RECORDED MARCH 28, 1961 IN BOOK 5670, PAGE 113 OF OFFICIAL RECORDS.
APN: 232-072-03, 232-072-04, AND 386-521-15
LEGAL DESCRIPTION 1790 SOUTH DOUGLASS ROAD PARCEL
The real property in the City of Anaheim, County of Orange, State of California, described as follows:
PARCEL 1 OF PARCEL MAP 98-105 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 303, PAGES 34 THROUGH 38, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 386-521-17
LEGAL DESCRIPTION OCTA RAIL RIGHT OF WAY
A Portion of Parcel 5:
THAT PORTION OF THAT CERTAIN 50 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY’S SAN DIEGO BRANCH IN THE COUNTY OF ORANGE, WITHIN RANCHO SAN JUAN CAJON DE SANTA ANA, SITUATED IN SECTION 14, IN TOWNSHIP 4 SOUTH OF RANGE 10 WEST OF THE SAN BERNARDINO BASE AND MERIDIAN, AS DESCRIBED IN THOSE CERTAIN DEEDS TO CALIFORNIA CENTRAL RAILWAY COMPANY, RECORDED MARCH 26, 1888 IN BOOK 407 PAGE 135 AND MARCH 30, 1888 IN BOOK 417 PAGE 24, BOTH DEEDS, IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER.
A Portion of Parcel 6:
THAT PORTION OF THAT CERTAIN 100 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY’S SAN DIEGO BRANCH IN THE COUNTY OF ORANGE, WITHIN RANCHO SAN JUAN CAJON DE SANTA ANA AND RANCHO SANTIAGO DE SANTA ANA, SITUATED IN SECTIONS 14, 23, 24 AND 25 IN TOWNSHIP 4 SOUTH OF RANGE 10 WEST OF THE SAN BERNARDINO BASE AND MERIDIAN, AS DESCRIBED IN THOSE CERTAIN DEEDS TO CALIFORNIA CENTRAL RAILWAY COMPANY, RECORDED MARCH 26, 1888 IN BOOK 407, PAGE 130 AND AUGUST 19, 1889 IN BOOK 593, PAGE 109, BOTH DEEDS IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER.
EXHIBIT C-2
To Construction and Maintenance Agreement
for
ARTIC
Cover Sheet for the
Plat of Easement or License
EXHIBIT D-1
To Construction and Maintenance Agreement
for
ARTIC
Cover Sheet for the
CITY Scope of Work and Estimate
EXHIBIT D-1
CITY SCOPE OF WORK AND ESTIMATE “CITY WORK” – JUNE 13th, 2012
City Scope of Work in the Rail Corridor The City PROJECT work within the LOSSAN rail corridor includes the following major improvements:
• Replacement of the rail bridge over Douglass Road accommodating the existing two track and two station platform configuration.
• Lowering the Douglass Road profile to provide required vertical clearance to the new rail bridge.
• Extension of existing Anaheim station platforms easterly creating platforms with a 1000’ length and a minimum width of 16’.
• Construction of a pedestrian concourse bridge over the rail tracks to connect the new ARTIC terminal
building to the rail station platforms.
• Construction of stairs and elevators to provide vertical circulation from the pedestrian concourse bridge to the platforms.
• Installation of platform amenities consistent with Metrolink/Amtrak requirements.
• Installation of new platform fencing
• Installation of ramp and stair access for emergency egress and platform access for pedestrians and
baggage carts.
• Installation of rail platform communications and signaling consistent with Metrolink requirements. • Removal of the crash walls beneath State Route 57 and replacement with rail guardrail. • Construction of an Amtrak baggage tunnel underneath rail tracks at easterly end of the new platforms. • The potential construction of a new Angels Stadium pedestrian tunnel at westerly end of the new station
platforms, subject to City decision to include this add alternate item in the construction contract based on construction bid results.
Estimated Construction Cost of City Work in Rail Corridor $25.2 million (inclusive of add alternate Angels Stadium pedestrian tunnel)
EXHIBIT D-2
To Construction and Maintenance Agreement
for
ARTIC
Cover Sheet for the
SCRRA Scope of Work and Estimate
EXHIBIT E-1
To Construction and Maintenance Agreement
for
ARTIC
Cover Sheet for the
SCRRA Bridge and Tunnel Design Requirements
The CITY acknowledges receipt of the following documentation:
• SCRRA Design Criteria Manual
• SCRRA Grade Separation Guidelines
• SCRRA Excavation Support Guidelines
Initial: ______ ______
For City For SCRRA
EXHIBIT E-2
To Construction and Maintenance Agreement
for
ARTIC
Cover Sheet for the SCRRA
Requirements of the Contractor
E-2 REQUIREMENTS OF THE CONTRACTOR
E-2-1.01 Description This Project includes construction work within the right-of-way of the Southern California Regional Rail Authority (SCRRA). This section describes coordination with the SCRRA when work by the Contractor will be performed upon, over, under, or adjacent to the SCRRA right-of-way or may impact current or future SCRRA operations. The Contractor must coordinate with the SCRRA through the CITY’s Construction Manger, while performing the work outlined in this Agreement, and shall afford the same cooperation with the SCRRA as it does with the City. All submittals and work shall be completed in compliance with these Requirements, SCRRA guidelines and other requirements. E-2-1.02 Requirements of the Contractor
• All railroad tracks within and adjacent to the Project site are to be assumed as active and rail traffic over these facilities must be maintained throughout the Project. Activities should be assumed to involve movements on both tracks in both directions. SCRRA traffic and operations occur from early morning to late evening on these tracks and shall be maintained at all times as defined herein. The Contractor shall coordinate and schedule the work so that construction activities do not interfere with SCRRA Operations. The Contractor shall ensure that at all times its work and actions are undertaken in a safe manner and cause no detrimental impact to SCRRA’s right-of-way, infrastructure, operations, equipment, materials, and to the safety of SCRRA’s staff, or to the public.
• The Contractor, and its subcontractors of any tier (the Contractor), must cooperate with the
Southern California Regional Rail Authority (SCRRA), during construction of the Project when any of the following conditions are present:
o Where work is performed on the right-of-way of the SCRRA, o When the work is over or under or adjacent to the tracks of the SCRRA, or o When the work has the potential to foul any tracks
• The Contractor shall inform itself of the expected train movements prior to implementing its
plans for any portion of the work, but shall also be aware that unexpected train movements may occur, and that the priority of rail movements has the potential to cause some disruption to planned construction activities.
• The Contractor shall, where reasonably practicable, fence and secure all worksites to ensure that
the operations, equipment and workforce cannot gain access to the SCRRA right-of-way unless access has been specifically arranged.
• The Contractor's right to enter the SCRRA right-of-way is subject to the absolute right of
SCRRA to cause the Contractor's work on the SCRRA right-of-way to cease if, in the sole opinion of SCRRA, the Contractor's activities create a hazard to the SCRRA right-of-way, or SCRRA employees, or SCRRA operations, or any combination thereof.
• The Contractor shall execute and deliver duplicate copies of the SCRRA Form 6 – Temporary Right of Entry Agreement, in the form included with these Provisions as Exhibit E-3. The Contractor shall comply with all requirements stipulated in Right of Entry Agreement, and shall maintain all insurance in full force during the time that its work is performed on or adjacent to the SCRRA right-of-way. Furnishing Railroad Protective Insurance in the amounts listed in SCRRA Form 6 – Temporary Right of Entry Agreement is a requirement of working on or adjacent to the SCRRA right-of-way
• The Contractor must plan, schedule and conduct all work activities so as not to interfere with the
movement of any trains. Work activities shall be confined to the times shown in Exhibit E-2-2.04, unless otherwise permitted by SCRRA. Work windows that provide the Contractor absolute track occupancy will not be granted. Work windows allowing the Contractor exclusive occupancy of one track for an extended period of time in excess of normal non-revenue hours, while the other track remains in operation, may be granted upon an advance notice of seventy five (75) calendar days prior to the date on which the work window is desired. It must be recognized that while SCRRA will endeavor to provide track occupancy and work windows for the times and periods requested, there is the potential for other activities to be ongoing in the vicinity, the priorities for which SCRRA will determine, and SCRRA may offer alternative track occupancy periods or work windows instead. Should other activities be ongoing, the Contractor shall coordinate appropriately with these activities, through the CITY’s Construction Manager and SCRRA.
• The details of construction affecting the SCRRA right-of-way and tracks not included in the
Contract Drawings must be submitted to the SCRRA by the City for approval before work is undertaken and this work must not be undertaken until approved by the SCRRA.
• A detailed construction schedule, including the proposed temporary horizontal and vertical
clearances and construction sequence for all work to be performed, shall be provided by the Contractor to the City for submittal to the SCRRA for review and approval prior to commencement of work. This schedule shall also include the anticipated dates on which the above listed events will occur. This schedule shall be updated for all critical listed events as necessary but at least monthly so that site visits may be scheduled.
• The Contractor must notify SCRRA Project Representative through CITY’s Construction
Manager, not less than thirty (30) calendar days before commencing any work on SCRRA right-of-way. Contractor’s notification to SCRRA shall be in writing and must refer to SCRRA File
S0000362. The Contractor shall perform no work on the SCRRA right-of-way until all its employees, including subcontractors of any tier, have attended and passed the Safety Orientation Class described in SCRRA Form 6 – Temporary Right-of-Entry Agreement.
The SCRRA Project Representative for this project is: Andy Althorp Senior Civil Engineer Southern California Regional Rail Authority 279 E. Arrow Highway, Suite A San Dimas, California Phone: (909) 394-3520 All notices and submittals to the SCRRA Project Representative are to be made through the City's Construction Manager or other designated representative of the City. The Contractor, at its expense, shall adequately supervise all work to be performed by the Contractor. The responsibility of the Contractor shall not be lessened or otherwise affected by SCRRA’s approval of the plans and specifications for the Project, or by the presence at the work site of a SCRRA or City Representative, or by the compliance by the Contractor with any requests or recommendations made by such representatives. The Contractor will give due consideration to suggestions and recommendations made by such representatives for the safety and protection of the City’s property and SCRRA Operations. E-2-1.03 Submittals Construction submittals requiring SCRRA approval, and Requests for Information (RFI) requiring a reply from SCRRA, must be forwarded to the City who in turn will forward to the SCRRA Project Representative. SCRRA shall be allowed thirty (30) working days for review of all submittals. Upon written approval of the CITY, the contractor or contractors may make the submittals directly to SCRRA Project Representative and the City simultaneously. The details of the construction affecting the operations, facilities, or right-of-way, or the operations or facilities of other entities using the right-of-way, not already included in the Project plans and specifications, shall be submitted by the Contractor through the CITY for review by SCRRA. Written approval must be obtained from SCRRA before such construction is undertaken. The SCRRA's review and approval of the City’s or the Contractor's Plans in no way relieves the City and Contractor from their responsibilities, obligations or liabilities under this Agreement, the Contract between the City and the Contractor for the Project, or in the separate SCRRA Form 6 – Temporary Right of Entry Agreement. SCRRA's approval will be given with the understanding that the SCRRA
makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of City's and/or Contractor's plans and that any reliance by the City or the Contractor with respect to such plans is at the risk of the City and the Contractor.
E-2-2 CONTRACTOR SAFETY REQUIREMENTS
E-2-2.01 Contractor General Safety Requirements Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by the Contractor within or adjacent to the right-of-way of SCRRA must be in compliance with this specification and the requirements of SCRRA Form 6 – Temporary Right of Entry Agreement. All personnel working on, over, or under the SCRRA right-of-way must be equipped with personal protective equipment (PPE) meeting applicable OSHA and ANSI specifications. Personal protective equipment must be appropriate for the task performed. Employees, agents or invitees of Contractor shall possess the following minimum equipment while on the right-of-way:
A. Safety glasses with side shields B. Hard hats C. Safety shoes with hardened toes, lacing above the ankle, and a defined heel; D. High visibility ORANGE retro-reflective work wear. Green and Red shirts or vests are not
permitted within the SCRRA right-of-way. Hearing protection, face and eye shields, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. The Contractor must not pile or store any materials, machinery or equipment closer than 25'-0" to the center line of the nearest SCRRA track, or in a manner that blocks access to SCRRA facilities and equipment. Dirt, aggregates, or other similar loose materials must be covered to prevent migration of the material toward the track. Materials, machinery or equipment must not be stored or left within 250 feet of any highway railroad at-grade crossings, where storage of the same will interfere with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor must establish a storage area with concurrence of the SCRRA Project Representative. Machines or vehicles must not be left unattended with the engine running. Parked machines and equipment must be turned off and must be in gear with brakes set. If equipped with blade, pan or bucket, the blade, pan or bucket must be lowered to the ground. All machinery and equipment left unattended on or adjacent to SCRRA right-of-way must be left inoperable and secured against movement.
Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. Mitigation plans are to be implemented for all activities with the potential to generate noise, dust or other pollution and these shall be monitored for compliance and that no adverse effect is caused to SCRRA operations, staff, or the public. Access for Emergency Services to the SCRRA right-of-way is to be maintained at all times. All trash and waste products arising from the work activities are to be appropriately stored, handled and removed for disposal such that encroachment onto the SCRRA right-of-way is prevented. Any hazardous or flammable materials and substances are to be appropriately handled and stored in accordance with HazMat regulations such that no impact is caused to the SCRRA right-of-way, infrastructure, operations, staff or public. Any ‘Hot-working’ adjacent to or upon the SCRRA right-of-way is to be similarly managed, with all necessary precautions in place, so as to prevent impact to the SCRRA right-of-way, infrastructure, operations, staff or public. Safe, illuminated access, clear of obstructions and with appropriate signage, is to be maintained at all times for public wishing to use SCRRA facilities. All wires and cables must be considered active, dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. All damage to SCRRA Property, or any hazard noticed on passing trains must be reported immediately to the SCRRA's Dispatch Center. Any vehicle or machine which may come in contact with track, signal equipment, or a structure (e.g. bridge) may result in a train derailment and must be reported immediately to the SCRRA Project Representative and to the SCRRA's Dispatch Center. Phone numbers for utility and SCRRA emergency response are to be obtained from the SCRRA Project Representative prior to the start of any work and must be posted at the job site. Special permission must be obtained from the SCRRA before moving heavy or cumbersome objects or equipment which might result in making the track impassable. Any employees, agents or invitees of Contractor or its sub-contractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the SCRRA right-
of-way and subsequently released to the custody of a representative of the Contractor's management. Future access to the SCRRA right-of-way by that employee will be denied. All persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on SCRRA right-of-way. E-2-2.02 Safety Training and Communication Before beginning any task on the right-of-way of SCRRA, a thorough job safety briefing must be conducted with all personnel involved with the task. The briefing must include the procedures the Contractor will use to prevent its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any SCRRA tracks without the appropriate protection to railroad operations. When Contractor employees are required to work on the SCRRA right-of-way after normal working hours or on weekends, the SCRRA Project Representative must be notified. A minimum of two employees must be present at all times. E-2-2.03 SCRRA Railway Protective Services The Contractor must request and arrange for a flag person, inspector and/or other protective services from SCRRA authorized representative for the following conditions:
A. When the Contractor’s work activities are within the right of way of SCRRA. B. When the Contractor's work activities are located over or under a track or tracks. C. When cranes, pile drivers, drill rigs, concrete pumps, or similar equipment positioned outside of
the right-of-way could foul the track in the event of tip over or other catastrophic occurrence, D. When in the opinion of the SCRRA it is necessary to safeguard the employees, trains, engines
and facilities of SCRRA. E. When any excavation is performed below the elevation of the track subgrade, or track or other
railroad facilities may be subject to movement or settlement. F. When work in any way interferes with the safe operation of trains at timetable speeds. G. When any hazard is presented to Railway track, communications, signal, electrical, or other
facilities either due to persons, material, equipment or blasting in the vicinity. H. When clearing, grubbing, grading, or blasting is in proximity to the Property which, in the
opinion of SCRRA or representative of an SCRRA member agency, may endanger the Property or operations.
I. When street construction and maintenance activities are located within or adjacent to the right-of-way, which may affect or create unsafe conditions for employees, public, trains and vehicles.
Flagging services will be performed by SCRRA and Federal Railroad Administration qualified Railway flagman furnished through SCRRA. Personnel of the Contractor may not perform flagging or other protective services for railroad operations.
Flagging services are generally provided by one employee. However, additional personnel may be required to protect the facilities and operations of SCRRA, if deemed necessary by the SCRRA Project Representative or other authorized SCRRA employee. Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. Additional overtime will be charged for the setting and removal of advance flags for work performed under Track Bulletin Form B rules. The estimated cost for one (1) flagger is $1,200.00 for a ten (10) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, railroad and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, lodging and supervision. However, the flagging rate in effect at the time of performance of the work by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. The Contractor shall provide deposits to SCRRA to cover all cost and expense incurred by SCRRA in connection with the safety and protective services, such that at no time is SCRRA self-funding provision of flagging or other protective services. The Contractor shall call the phone number provided with the executed copy of SCRRA Form 6 – Temporary Right-of Entry Agreement, a minimum of 15 working days in advance of the date that flagging services will be required. Flagmen will not be scheduled until the Contractor has executed the SCRRA Form 6 – Temporary Right of Entry Agreement. E-2-2.04 Track Occupancy and Work Windows The Contractor’s operations are subordinate to the operation of trains on the SCRRA right-of-way, whether passenger or freight. All work upon the SCRRA right-of-way shall be done at such times and in such a manner as not to interfere with or endanger the SCRRA Operations. SCRRA will strive to cooperate with the Contractor such that the work may be handled and performed in an efficient manner, however, The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event its work is delayed by rail operations. Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to the SCRRA Project Representative for approval, but such approval shall not relieve the Contractor from any liability. Any work to be performed by the Contractor, which requires flagging service or inspection service, shall be deferred until the flagging protection required by the SCRRA is available at the job site. It is expected that most work on or with the potential to affect the SCRRA right-of-way will be performed at night between the hours of 11:30 PM and 4:00 AM. There are two main tracks through the vicinity of the Project. Trains of SCRRA, Amtrak, and the BNSF Railroad operate over the tracks traversing the Project site. The average train traffic on this route is 2 freight trains per 24-hour period at a timetable speed of 50 MPH and 57 passenger trains at a timetable speed of 79 MPH. Passenger trains include scheduled
SCRRA and Amtrak revenue services, though additional special services operate for events at the Anaheim Angels’ Stadium. Passenger train traffic is generally limited to the hours of 4:00 AM and 11:30 PM daily. Freight trains are operated 24 hours a day, seven days a week. In addition to scheduled freight service, extra freight trains may be operated as traffic warrants. The Contractor shall make requests in writing to the SCRRA Project Representative for Conditional Work Windows, not less than thirty (30) working days in advance of any work. The written request must include:
1. Description of work to be done. 2. The days and hours that work will be performed. 3. The exact location of the work and proximity to the tracks. 4. The type of window and amount of time requested. 5. The designated contact person for the Contractor.
The Contractor shall provide a written confirmation notice to the SCRRA Project Representative not less than fifteen (15) working days prior to commencing work in connection with the approved work windows when work will be performed within the SCRRA right-of-way. All work shall be performed in accordance with previously approved work plans. Track occupancy and work windows for this Project must be coordinated with SCRRA. SCRRA will provide the following Conditional Work Windows as defined below: Conditional Work Window using Track Bulletin Form B (Form B): A period of time in which SCRRA operations have priority over construction activities. When construction activities may occur on the right-of-way of SCRRA or the activities have the potential to foul the track as defined above, a SCRRA flag person will be required. At the direction of the flag person, upon approach of a train and when trains are present on the tracks, the tracks must be cleared (i.e., no construction equipment, materials or personnel within 25 feet from the nearest active track or as directed by the SCRRA flagman). Conditional Work Windows are available for the Project subject to SCRRA's local operating unit review and approval, however, construction activities utilizing cranes, pile drivers, drill rigs, concrete boom pumps or other swinging or boom operated equipment over the track or within 25-ft of the SCRRA right-of-way may not be performed under Form B except on approval of SCRRA. Conditional Work Window Using Time Controlled Access (Track and Time): A period of time in which SCRRA operations have priority over construction activities, but limited periods free of train traffic may be provided subject to approval of the SCRRA dispatcher. A SCRRA flagman will be required. Track and Time will typically be issued in 30 minute increments during non peak periods between 4:00 AM and 11:30 PM. Track and Time will not be available during peak commuting periods, or when the scheduled time between passenger trains is 45 minutes or less. At the expiration of the allowed time, the tracks must be cleared (i.e., no construction equipment, materials or personnel within 25 feet from the nearest active track or as directed by the SCRRA flagman). Track and Time Conditional Work
Windows are available for the Project subject to the approval of the SCRRA dispatcher. Exclusive Track Occupancy Single or Multiple Track: A period of time in which train operations are restricted to specific tracks. One or more SCRRA flagmen are required. Exclusive track occupancy on both tracks (absolute occupancy) will not be available. Exclusive Occupancy for an extended period of time on one track (outside normal non-revenue hours), with the other track remaining operational, may be granted subject to the Contractor giving seventy-five (75) days advance notice to the Designated SCRRA Representative of the proposed times and dates of the occupancy, work details to have been previously agreed with SCRRA. The contractor shall limit requests for exclusive occupancy to an absolute minimum and shall plan works so as to maximize the benefit that may be obtained from an exclusive occupancy, potentially considering the opportunity for work at more than one location. Work is to be planned so as to ensure that where possible, all tasks that can be safely implemented before, or after, the track occupancy are so undertaken, minimizing the extent of works required during the period of track occupancy. Should a condition arise from, or in connection with, the Project work which requires immediate and unusual actions to be made to protect operations and property of the SCRRA, the Contractor shall undertake such actions. If, in the judgment of the SCRRA or the City, such actions are insufficient, the SCRRA may require or provide such actions as deemed necessary. In any event, such actions shall be at the Contractor’s expense and without cost to the SCRRA. The SCRRA or City have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of the SCRRA or City, the Contractor’s operations may inhibit the SCRRA Operations. In the event such an order is given, the Contractor shall immediately notify the City of the order.
E-2-3 PROTECTION OF SIGNALS, COMMUNICATION LINES, AND UTILITIES E-2-3.01 Signals, Communication facilities and Utilities Signal, communication, fiber-optic, petroleum, natural gas, electric power and other utilities are present in the SCRRA right-of-way. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits, danger to train operations, and release of potentially flammable compounds. The Contractor shall be required to take special precautions and care in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls or other facilities that require shoring shall comply with requirements of all applicable laws and regulations, and the SCRRA “Guidelines for Temporary Shoring”. Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area by calling the Southern California Underground Service Alert. SCRRA is not a member of Underground Service Alert and SCRRA signal and communication lines must be located separately. The Contractor must contact the SCRRA Signal Department separately. All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the
line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. In addition to calling the Southern California Underground Service Alert (Dig Alert), the Contractor shall call the SCRRA’s “Call Before Your Dig” number at least 72 hours prior to commencing work at (909) 859-4100 during normal business hours (6:30 a.m. to 8:00 p.m. Central Standard Time, Monday through Friday, except holidays - also a 24 hour, 7 day a week number for emergency calls) to determine location of fiber optics. If a telecommunications system is buried anywhere on or near SCRRA property, the Contractor will co-ordinate with the SCRRA and the Telecommunication Company(ies) to arrange for relocation or other protection of the system prior to beginning any work on or near SCRRA property. It shall be the responsibility of the Contractor, through the City, to make arrangements directly with utility companies involving the protection, encasement, reinforcement, relocation, replacement, removing or abandonment in place of non-railroad facilities affected by the Project. SCRRA has no obligation to supply additional SCRRA property for non-railroad facilities affected by this Project, nor does the SCRRA have any obligation to permit non railroad facilities to be abandoned in place or relocated on SCRRA’s property. Any facility and/or utility that crosses SCRRA right of way must be covered under an agreement with the SCRRA including, without limitation, any relocations of an existing facility or utilities. SCRRA will, if required, rearrange its communications and signal lines, grade crossing warning devices, train signals, tracks and facilities that are in use and maintained by SCRRA forces in connection with its operation. This work by the SCRRA will be done by its own forces or by Contractors under a continuing contract and is not a part of the work under the Contract for the construction of the Project. The Contractor must allow sufficient time in its schedule to permit SCRRA to issue the necessary task orders to its contractors order material, and perform any necessary work.
E-2-4 CONSTRUCTION E-2-4.01 Excavation The Contractor shall not make any excavations on the right-of-way, nor within the zone of railroad load influence as shown in the SCRRA Excavation Support Guidelines, until the Contractor’s support of excavation plans and calculations are approved in writing by SCRRA. The Contractor must cease all work and notify the SCRRA immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these requirements. All excavations must be conducted in compliance with applicable law and regulations and, regardless of
depth, must be shored when within the zone of railroad load influence, or when necessary to protect structures, facilities, or personnel. Excavations located on the SCRRA right-of-way shall conform to the SCRRA Excavation Support Guidelines. Designs for all temporary structures supporting tracks or excavations adjacent to the tracks shall include railway surcharge loading imposed by a Cooper E-80 live load. Any excavations, holes or trenches on the SCRRA right-of-way must be covered, guarded and protected when work is not actively prosecuted. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that SCRRA employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as quickly as practicable. E-2-4.02 Protection of Track The Contractor must take protective measures necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from its operations or weather. No portion of any equipment may be set or operated on the tracks at any time. The Contractor will be required to use powered lifting devices such as cranes or winches to place or to remove any forms or falsework over SCRRA's tracks. The Contractor shall not drop material onto the tracks at any time except upon prior written approval of SCRRA, and only upon the concurrent approval by SCRRA of the Contractor’s method of protecting the track from impacts and debris. No blasting shall be performed on or adjacent to the right-of-way without the written approval of SCRRA. Driven piles shall be limited to locations shown on the Contract Drawings or, if needed for temporary support of excavation, to the locations approved by SCRRA. The track shall be monitored by differential leveling for vertical displacement during any pile driving or other operations capable of displacing the ground. The Contractor, at its expense, shall maintain all ditches and drainage structures free of silt or other obstructions which may result from the Contractor’s operations and to repair and restore any SCRRA property, tracks and facilities of SCRRA and its tenants and other having the right to use the SCRRA right-of-way. The Contractor must submit a proposed method of erosion control and have the method reviewed and approved by the SCRRA prior to beginning any grading on the project site. Erosion control methods must comply with all applicable local, state and federal regulations. Tracks, ballast, and other SCRRA facilities must be covered and protected during any demolition or removal operations over or in the vicinity of the tracks. The Contractor shall submit its plans for protection of the tracks to the SCRRA Project Representative for approval, and receive approval, prior to beginning any demolition or removal operations. At other than public road crossings, the Contractor shall not move any equipment or materials across SCRRA's tracks. Temporary crossings for the use of the Contractor will not be allowed at any time.
Notwithstanding any approval by SCRRA, the Contractor shall be responsible for the protection of the track and SCRRA operations. Damage to railway facilities resulting from Contractor's operations will be repaired or replaced by SCRRA and the cost of such repairs or replacement shall be paid to SCRRA by the Contractor. E-2-4.03 Structure Construction The Contractor's shop drawings, working drawings, and other work plans (Contractor's plans) for this Project, as they affect the operations or interests of SCRRA, are subject to the written approval of SCRRA. Changes in the plans made after the execution of the Agreement and/or the awarding of the Project to the Contractor are subject to the prior review and written approval of the City and the SCRRA. No construction work shall commence until final stamped plans and/or changes to final stamped plans have been reviewed and approved by the SCRRA in writing. Designs for falsework above any tracks shall conform to the SCRRA Grade Separation Guidelines and the Caltrans Falsework Manual. Falsework over or adjacent to railroad tracks shall meet the requirements in the Caltrans Falsework Manual for falsework over traffic (traffic openings). The additional provisions stipulated in the Caltrans Falsework Manual for the Southern Pacific Lines shall be included in all designs of falsework over SCRRA tracks. The Contractor shall furnish five sets of working drawings and a copy of the Contractor's Plans showing details of construction affecting SCRRA Property and tracks to the SCRRA Project Representative. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the Contract Drawings. The Contractor shall also furnish two sets of structural calculations of any falsework, shoring or cribbing. A registered professional engineer licensed to practice in the State of California shall seal and sign all drawings and calculations. The Contractor shall not begin work until SCRRA has reviewed and approved the plans. E-2-4.04 Clearances The Contractor must not pile or store any materials, machinery or equipment closer than 25'-0" to the center line of the nearest SCRRA track. Materials, machinery or equipment must not be stored or left within 250 feet of any highway railroad at-grade crossings, where storage of the same will interfere with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor must establish a storage area with concurrence of the Railroad's representative. Unless shown otherwise on the Contract Drawings, the Contractor shall abide by the following temporary clearances during construction. The Contractor shall not place forms, materials, spoils, or other temporary constructions, including bracing or work platforms, within the clear area unless approved in writing by SCRRA:
12’-0” Horizontally at right angles from centerline of nearest track 22’-6” Vertically above top of rail 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
At no time shall the Contractor reduce the minimum clearances required by the California Public Utilities Commission (CPUC) General Order 26-D. Any infringement within the clearances established by General Order 26-D due to the Contractor's operations must be submitted to the SCRRA and to the City and must not be undertaken until approved in writing by the SCRRA, and until the City has obtained any necessary authorization from the CPUC for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending approval by SCRRA, or approval by the CPUC, or both. In the case of impaired vertical clearance above top of rail, SCRRA will have the option of installing tell-tales or other protective devices SCRRA deems necessary for protection of SCRRA operations. The cost of tell-tales or protective devices will be borne by the Contractor. Reduced temporary construction clearances, which are less than construction clearances defined above, will require special review and approval by the SCRRA and possible the CPUC. Any proposed variance on the specified minimum clearances due to the Contractor’s operations shall be submitted to the SCRRA Project Representative and the City at least thirty (30) days in advance of the work. No work shall be undertaken until the variance is approved in writing by the SCRRA Project Representative. Parallel to the outer side of both tracks, an unobstructed continuous space suitable for trainman’s use in walking along trains, extending in width not less than twelve feet (12’) perpendicular from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during working hours must be covered, guarded and/or protected as soon as practicable. Walkways with railings shall be constructed by the Contractor over open excavation areas when in close proximity of track, and railings shall not be closer than 9’-0" perpendicular from the center line of tangent track or 9’ – 6” horizontal from curved track. E-2-4.05 Temporary Vehicular Traffic Control The Contractor’s operations which control traffic across or around SCRRA facilities shall be coordinated with and approved by the SCRRA and City and shall be in compliance with the MUTCD. SCRRA will not permit temporary at grade crossings at any time. Alternative plans must be considered to avoid crossing SCRRA’s tracks at grade.
13-6 HAZARDOUS AND CONTAMINATED MATERIALS
E-2-5.01 Control and Discharge Discharge, release or spill on the SCRRA Property of any hazardous substances, oil, petroleum,
constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the SCRRA Project Representative of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow SCRRA Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue.
If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious
material, including any noncontainerized commodity or material, on or adjacent to SCRRA right-of-way, in or near any surface water, swamp, wetlands or waterways adjacent to the right-of-way, while performing any work on this Project, the Contractor must immediately: (a) notify the City's Resident Engineer, (b) notifiy SCRRA's Project Representative, of such discovery; (c) take safeguards necessary to protect its employees, subcontractors, agents and third parties: and (d) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release.
E-2-7 INSEPCTION AND OBSERVATION
E-2-7.01 Site Inspections By Railroad Project Representative In addition to the office reviews of construction submittals, site observations will be performed by the City, SCRRA, or a Consultant to SCRRA at significant points during construction as determined by SCRRA. Site visits to check the progress of work may be performed at any time throughout the construction process as deemed necessary by the SCRRA.
E-2-8 CLEANING AND RESTORATION E-2-4.06 Cleaning Of Right-Of-Way The Contractor shall, upon completion of the work to be performed within the right-of-way and/or properties of the SCRRA and adjacent to its tracks, wire lines and other facilities, promptly remove from the SCRRA right-of-way all Contractor’s tools, implements and other materials whether brought upon the right-of-way by the Contractor or any sub-contractors employee or agent of Contractor or of any sub-contractor, and leave the right-of-way in a clean and presentable equal or better than existed at the start of the Project work.
END of EXHIBIT E-2
EXHIBIT F
To Construction and Maintenance Agreement
for
ARTIC
Cover Sheet for
Funding Agreements
EXHIBIT F
FUNDING AGREEMENT
ARTIC RAIL RIGHT-OF-WAY FUNDING SOURCES
OCTA M2 (Project R) OCTA M2 (Project T)
OCTA funding commitments to ARTIC Project are contained in Cooperative Agreement C-9-0448 and Amendment 1 to C-9-0448 between OCTA and the City of Anaheim.