UNION PACIFIC RAILROAD AGREEMENT.PDF

UPRR Folder No. 2814-36
PUBLIC HIGHWAY AT-GRADE CROSSING
MAINTENANCE & USE AGREEMENT
BETWEEN
UNION PACIFIC RAILROAD COMPANY
AND
COUNTY OF MARICOPA
COVERING THE
MAINTENANCE AND USE OF THE EXISTING
APPLEBY ROAD AT-GRADE PUBLIC ROAD CROSSING
(DOT NO. 741-679Y)
AT
RAILROAD MILE POST 932.60 — CHANDLER INDUSTRIAL LEAD
NEAR
CHANDLER,
IN MARICOPA COUNTY,
ARIZONA
Railroad Original

UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA°
UPRR Folder No.: 2814-36
UPRR Audit No.
PUBLIC HIGHWAY AT-GRADE CROSSING
MAINTENANCE & USE AGREEMENT
THIS AGREEMENT is made as of the day of , 20 , by and
between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, or its predecessor
in interest, with a mailing address at 1400 Douglas Street, MS 1690, Omaha, Nebraska, 68179-1690
("Railroad"), and (the) COUNTY OF MARICOPA, an Arizona policial subdivision with a mailing
address at 2901 West Durango Street, Phoenix, Arizona 85009 ("County").
RECITALS:
Presently, the County utilizes the Railroad's property for the existing Appleby Road at-grade
public road crossing, (DOT No. 741-679Y), at Railroad's Mile Post 932.60 on it's Chandler
Industrial Lead, near Chandler, in Maricopa County, Arizona (hereinafter the "Roadway").
The Railroad desires as its project (the "Project") the County enter into an agreement
covering the maintenance and use of the existing Roadway. The existing aforementioned roadway is
hereinafter the "Roadway" and where the Roadway crosses the Railroad's property is the "Crossing
Area" in the location shown on the Railroad Location Print marked Exhibit A, attached hereto and
hereby made a part hereof.
The Railroad and the County and entering into this agreement to cover the above.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises and conditions
hereinafter set forth, the parties hereto agree as follows:
SECTION I.
The exhibits below are attached hereto and hereby made a part hereof.
Exhibit A Railroad Location Print
Exhibit B General Terms and Conditions
Exhibit C Railroad's Form of Contractor's Right of Entry Agreement
SECTION 2.
The Railroad, at County's expense, shall furnish all labor, material, equipment and
supervision for any Roadway improvements, including:
• Engineering, and
• Flagging.
2814-36 Maricopa County @ Chandler, AZ Page 1 of 4 July 3, 2013
Appleby Road

UNION PACIFIC RAILROAD COMPANY
PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA
SECTION 3.
A. The County, at its expense, shall prepare, or cause to be prepared by others, the detailed
reconstruction plans and specifications, (if any), and submit such plans and specifications to
the Railroad's Assistant Vice President Engineering — Design, or his authorized
representative, for review and approval. The plans and specifications shall include all
Roadway layout specifications, cross sections and elevations, associated drainage, and other
appurtenances.
B. The final one hundred percent (100%) completed reconstruction plans, (if any), that are
approved in writing by the Railroad's Assistant Vice President Engineering—Design, or his
authorized representative, are hereinafter referred to as the "Plans". The Plans are hereby
made a part of this Agreement by reference.
C. No changes in the Plans shall be made unless the Railroad has consented to such changes in
writing.
D. Notwithstanding the Railroad's approval of the Plans, the Railroad shall not be responsible
for the permitting, design, details or construction of the Roadway.
SECTION 4.
The Railroad, at the County's expense, shall maintain the crossing between the track tie ends.
If, in the future, the County elects to have the surfacing material between the track tie ends replaced
with paving or some surfacing material other than timber planking, the Railroad, at County's
expense, shall install such replacement surfacing.
SECTION 5.
A. The County, at its sole cost and expense, shall provide traffic control, barricades, and all
detour signing for the crossing work, provide all labor, material and equipment to install
concrete Or asphalt street approaches, and if required, will install advanced warning signs,
and pavement markings in compliance and conformance with the Manual on Uniform Traffic
Control Devices.
B. The County, at its expense, shall maintain and repair all portions of the Roadway approaches
that are not within the track tie ends.
SECTION 6.
If County's contractor(s) is/are performing any work described in Section 3 above, then the
County shall require its contractor(s) to execute the Railroad's standard and current form of
Contractor's Right of Entry Agreement attached hereto as Exhibit C. County acknowledges receipt
of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will inform its contractor(s) of the need to execute the Agreement. Under no
circumstances will the County's contractor(s) be allowed onto the Railroad's premises without first
executing the Contractor's Right of Entry Agreement.
SECTION 7.
Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber
2814-36 Maricopa County @ Chandler, AZ Page 2 of 4 July 3, 2013
Appleby Road

UNION PACIFIC RAILROAD COMPANY
PUBLJC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA'
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. County or its contractor(s) shall telephone
the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through
Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency
calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by
the County or its contractor(s). If it is, County or its contractor(s) will telephone the
telecommunications cornpany(ies) involved, arrange for a cable locator, and make arrangements for
relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's
premises.
SECTION 8.
The County, for itself and for its successors and assigns, hereby waives any right of
assessment against the Railroad, as an adjacent property owner, for any and all improvements made
under this agreement.
SECTION 9.
Covenants herein shall inure to or bind each party's successors and assigns; provided, no right
of the County shall be transferred or assigned, either voluntarily or involuntarily, except by express
prior written consent of the Railroad.
SECTION 10.
The County shall, when returning this agreement to the Railroad (signed), cause same to be
accompanied by such Order, Resolution, or Ordinance of the governing body of the County, passed
and approved as by law prescribed, and duly certified, evidencing the authority of the person
executing this agreement on behalf of the County with the power so to do, and which also will certify
that funds have been appropriated and are available for the payment of any sums herein agreed to be
paid by County.
SECTION 11.
The County agrees to reimburse the Railroad the cost of future maintenance of the automatic
grade-crossing protection within thirty (30) days of the County's receipt of billing.
SECTION 12.
Upon execution and delivery of this Agreement, the County shall pay to the Railroad an
administrative handling charge of ONE THOUSAND HUNDRED DOLLARS (S1,000.00).
SECTION 13. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009.
If the County will be receiving American Recovery and Reinvestment Act ("ARRA") funding
for the Project, the County agrees that it is responsible in performing and completing all ARRA
reporting documents for the Project. The County confirms and acknowledges that Section 1512 of
the ARRA provisions applies only to a "recipient" receiving ARRA funding directly from the federal
government and, therefore, (i) the ARRA reporting requirements are the responsibility of the County
2814-36 Maricopa County @ Chandler, AZ Page 3 of 4 July 3, 20'13
Appleby Road

UNION PUBLIC PACIFIC HIGHWAY RAILROAD AT-GRADE COMPANY CROSSING IMPROVEMENT AGREEMENT BUILDING AMERICA'
and not of the Railroad and (ii) the County shall not delegate any ARRA reporting responsibilities to
the Railroad. The County also confirms and acknowledges that (i) the Railroad shall provide to the
County the Railroad's standard and customary billing for expenses incurred by the Railroad for the
Project including the Railroad's standard and customary documentation to support such billing and
(ii) such standard and customary billing and documentation from the Railroad provides the
information needed by the County to perform and complete the ARRA reporting documents. The
Railroad confirms that the County and the Federal Highway Administration shall have the right to
audit the Railroad's billing and documentation for the Project.
SECTION 15.
The General Terms and Conditions marked Exhibit B, are attached hereto and hereby made a
part hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to
be executed as of the day and year first hcreinabove written.
UNION PACIFIC RAILROAD COMPANY
AUG. F
or Manage
WITNESS: COUNTY OF MARTCOPA
By
Printed Name:
2814-36 Maricopa County @ Chandler, AZ Page 4 o14 July 3, 2013
Appleby Road

EXHIBIT A
To Public Highway At-Grade Crossing
Maintenance & Use Agreement
Cover Sheet for the
Railroad Location Print

RAILROAD LOCATION PRINT
OF AN EXISTING AT-GRADE PUBLIC ROAD CROSSING
W Queen:creek Rd- Teacklilbioili---Oveil'avy ArcG
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Appleby Road – DOT #741-679Y
RR MP 932.60 – Chandler Industrial Lead
erry r)r Existing At-Grade Public Road Crossing
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IND
W Appleby Rd E Appleby Rd
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1000 ft — E Ocotilio Ftd --
Copyright@ 2E113, Union Pacific
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RAILROAD WORK TO BE PERFORMED: EXHIBIT "A"
1. None. UNION PACIFIC RAILROAD COMPANY
CHANDLER INDUSTRIAL LEAD
RAILROAD MILE POST 932.60
GPS: N 33.25086053 °, W 111 .836786720
near CHANDLER, in MARICOPA CO.. AZ.
To accompany an agreement with the
COUNTY OF MARICOPA
covering an existing at-grade public road crossing.
Folder No. 2814-36 Date: July 3,2013
WARNING
IN ALL OCCASIONS, U P COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE
PHONE 1-(800) 336-9193
Exhibit A