Exhibit_4_-_UPRR_Agreemeent_Final_Draft.pdf

Project Name: Gilbert Street Improvements (Phase II) at Railroad Crossing Facility/Parcel No.: Z58-252 Agreement MA-080-24010466

UP Real Estate Project No.: 0204509

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Gilbert Street

DOT 748011G

MP 512.40 – Stanton Industrial Lead Anaheim, Orange County, California

THIS PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT ("Agreement") is made and entered into as of the ___ day of __________________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and COUNTY OF ORANGE, a political subdivision of the State of California to be addressed at 601 North Ross Street, Santa Ana, CA 92701 ("County"). The Railroad and County may be referred to herein individually as to “Party,” or collectively as the “Parties.”

RECITALS:

By instrument dated November 22, 1966, and recorded March 17, 1967, in Book 8202 of pages 232 through 236 in the Official Records of the Orange County, California, the Southern Pacific Company and the County entered into an agreement (the “Original Easement”) covering the construction, use, maintenance and repair of an at grade public road crossing over Gilbert Street, DOT Number 748011G at Railroad’s Milepost 512.40 on Railroad’s Stanton Industrial Lead at or near Anaheim, Orange County, California. The Original Easement area of approximately 4,790 square feet is identified on County records as Parcel Z58-105.

By Street or Highway Easement dated October 29, 1968, and recorded February 14, 1969, in Book 8874 of pages 807 through 812 in the Official Records of the Orange County, California, the Southern Pacific Company and the County entered into an additional agreement (the “Additional Easement”) for the widening of the Gilbert Street crossing. The Additional Easement area of approximately 608 square feet is identified on County records as Parcel BAA 512.4. Together, the Original Easement and Additional Easement are referred to as the “Original Agreements.”

The Railroad named herein is successor in interest to the Southern Pacific Company.

The County now desires to undertake as its project (the “Project”) the reconstruction and widening of the road crossing that was constructed under the Original Agreements to accommodate a signal interconnect project. The road crossing, as reconstructed and widened is hereinafter the “Roadway” and the portion of the Railroad's property where the Roadway crosses the Railroad’s property is the “Crossing Area.”

The right of way granted by the Southern Pacific Company to the County under the terms of the Original Agreements is not sufficient to allow for the reconstruction and widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the County to facilitate the reconstruction and widening of the Roadway. The portion of Railroad’s property that County needs to use in connection with the Roadway (in addition to the right of way area covered under the Original Agreements) is shown on the print marked Exhibit A and also described in the legal description marked Exhibit A-1, with each exhibit being attached hereto and hereby made a part hereof (the “Crossing Area”). The County’s type, size and location prints of the Project are marked Exhibit A-2, attached hereto and hereby made a part hereof.

In support of its Project, the County has requested the Railroad’s cooperation in connection with installing grade crossing protection devices, installing highway traffic control signals and installing the necessary relays and other materials required to interconnect and coordinate the operation of said railroad grade crossing protection devices with the operation of said highway traffic control signals. Said work is to be performed at the sole expense of County.

The Railroad and the County are entering into this Agreement to cover the above.

AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:

Section 1. EXHIBIT B

The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof.

Section 2. RAILROAD GRANTS RIGHT

Upon completion of the execution of this Agreement and Railroad’s receipt from County of SIXTY-SIX THOUSAND TWENTY-FIVE DOLLARS ($66,025.00), the Railroad shall execute and deliver to the County a limited non-exclusive roadway easement in the Easement Deed marked Exhibit G, attached hereto and hereby made a part hereof, for the property described and shown on Exhibits A and A-1.

For purposes of advanced signal preemption, Railroad hereby grants permission and authority to County and/or its Contractor (as defined below) to install the conduit with the necessary wiring on Railroad right of way on the condition that prior to performing any work on Railroad's property, County shall, or shall require its Contractor to, notify the Railroad and/or enter into a right of entry agreement with Railroad, as applicable pursuant to the terms and conditions of this Agreement.

Section 3. DEFINITION OF CONTRACTOR

For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the County to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.

Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE

A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the County shall require the Contractor to:

• execute the Railroad's then current Contractor's Right of Entry Agreement

• obtain the then current insurance required in the Contractor’s Right of

Entry Agreement; and

• provide such insurance policies, certificates, binders and/or endorsements to the Railroad.

B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The County confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.

C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:

Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP Project No. 0204509

D. If the County's own employees will be performing any of the Project work, the County may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval.

Section 5. FEDERAL AID POLICY GUIDE

If the County will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.

Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD

The County agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project.

Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT

TO COUNTY; COUNTY'S PAYMENT OF BILLS

A. The work to be performed by the Railroad, at the County's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dated July 20, 2022, and October 7, 2022, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's estimated cost for the Railroad's work associated with the Project is Six Hundred Fifty Six Thousand Six Hundred Six Dollars ($656,606.00).

B. The Railroad, if it so elects, may recalculate and update the Estimates submitted to the County in the event the County does not commence construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimates.

C. The County acknowledges that the Estimates may not include any estimate of flagging or other protective service costs that are to be paid by the County or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the County or the Contractor as determined by the Railroad and the County.

If it is determined that the Railroad will be billing the Contractor directly for such costs, the County agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing.

D. The Railroad shall send progressive billing to the County during the Project and final billing to the County within one hundred eighty (180) days after receiving written notice from the County that all Project work affecting the Railroad's property has been completed.

E. The County agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates.

Section 8. PLANS

A. The County, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering- Design, or his authorized representative, for prior 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 plans 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. The Railroad's review and approval of the Plans will in no way relieve the County or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the County or Contractor on the Plans is at the risk of the County and Contractor.

Section 9. NON-RAILROAD IMPROVEMENTS

A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.

B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators.

Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and County mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities.

Section 10. NOTICES

Except County and Contractor commencement of work notice(s) required under Exhibit B and/or the Railroad’s Contractor’s Right of Entry Agreement, as may be applicable, any formal notice, request, demand, instruction or other document (each of which is herein called a “Notice”) to be given hereunder to any Party shall be in writing and shall be delivered to the person at the appropriate address set forth below by personal service (including express or courier service), by electronic mail or by the United States Postal Service in the State of California via duly registered or certified mail, postage prepaid, return receipt requested, as follows:

If to Railroad:

If to County:

Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179

County of Orange 601 North Ross Street Santa Ana, CA 92701

Section 11. EFFECTIVE DATE; TERM; TERMINATION

A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property.

B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the County in the event the County does not commence construction on the portion of the Project located on the Railroad’s property within twelve

(12) months from the Effective Date.

C. If the Agreement is terminated as provided above, or for any other reason, the County shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans.

Section 12. CONDITIONS TO BE MET BEFORE

COUNTY CAN COMMENCE WORK

Neither the County nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until:

(i) The Railroad and County have executed this Agreement.

(ii) The Railroad has provided to the County the Railroad’s written approval of the Plans.

(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.

(iv) Each Contractor has given the advance notice(s) required under the

Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.

Section 13. FUTURE PROJECTS

Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and County agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.

Section 14. ASSIGNMENT; SUCCESSORS AND ASSIGNS

A. County shall not assign this Agreement without the prior written consent of Railroad.

B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and County.

Section 15. 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 directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the County 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 as provided in Section 11 of Exhibit B of this Agreement.

Section 16. TERMINATION OF ORIGINAL AGREEMENTS

Upon the completion of the Roadway, the Original Agreements shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway.

Section 17. SIGNAL PREEMPTION

A. County and Railroad, severally and collectively, agree to interconnect and coordinate the operation of the railroad grade crossing protection devices with the operation of the highway traffic control signals at the Crossing Area, in accordance with the design schematic marked Exhibit E, hereto attached and hereby made a part hereof (the “Designs”).

B . County, at its expense, shall furnish all material, labor, equipment and supervision for the installation and maintenance of highway traffic control signals at the Crossing Area, as applicable in accordance with the Designs.

C. Railroad, at County’s expense, shall furnish all material, labor, equipment and supervision for the work described in the Estimate(s) and in accordance with the Designs, including, as applicable, installation of signals and/or appurtenances and installation of the necessary relays and other materials required to interconnect and coordinate the operation of the highway traffic control signals to be installed by the County.

D. Each party shall take all suitable precautions to prevent any interference

(by induction, leakage of electricity or otherwise) with the operation of the other party’s signals or communications lines, or those of its tenants; and if, at any time, the operation or maintenance of its signals results in any electrostatic effects, the party whose signals are causing the interference shall, at its expense, immediately take such action as may be necessary to eliminate such interference.

E. Except as set forth in this Section, County shall not be liable to Railroad on account of any failure of Railroad's warning devices to operate properly, nor shall Railroad have or be entitled to maintain any action against County arising from any failure from Railroad's warning devices to operate properly. Similarly, Railroad shall not be liable to County on account of any failure of County’s traffic signal to operate properly, nor shall County have or be entitled to maintain any action against Railroad arising from any failure of County’s traffic signal to operate properly.

Section 18. ANNUAL SIGNAL MAINTENANCE FEE

A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in-service date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System”), the County, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Seven Thousand Eight Hundred Twenty Dollars ($7,820.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the Signal System that is installed at the Roadway. The annual signal maintenance fee is calculated as shown on the attached Exhibit F, attached hereto and made a part hereof.

B. The above annual signal maintenance fee for Railroad's maintenance of the

Signal System is based on the number of current signal units installed at the Roadway.

If the Signal System is improved and/or altered in any way, the County must notify the Railroad in writing and the annual signal maintenance fee will be increased at a rate based on the AREMA signal unit cost index. If the County fails to notify Railroad of any improvement or alteration to the Signal System, the Railroad may increase the annual signal maintenance fee at a rate based on the AREMA signal unit cost index any time after the date of installation and/or improvement of the Signal System. The signal unit base for the annual signal maintenance fee may also be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual signal maintenance fee was last determined or established. Any such changes in the annual signal maintenance fee referenced in Article 2 may be made by means of automatic adjustment in billing.

Section 19. ANNUAL SURFACE MAINTENANCE

A. The Railroad shall maintain the crossing surface between the track tie ends at County’s expense. Effective as of three years from effective date of this Agreement, County agrees to pay to Railroad the sum of Three Thousand Six Hundred Twenty-Four Dollars ($3,624.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the surface between track tie ends located within the Crossing Area. See Exhibit C. The County, at its expense, shall maintain and repair all portions of the Roadway approaches that are not within the area between lines two (2) feet outside of the rails of each track. See lower left hand corner of Exhibit C.

B. The above annual surface maintenance fee may also be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual surface maintenance fee was last determined or established.

Any such changes in the annual surface maintenance fee may be made by means of automatic adjustment in billing.

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written.

Railroad……………………………………UNION PACIFIC RAILROAD COMPANY

(Federal Tax ID #94-6001323)

By:

Printed Name:

Title:

County……………………………………. ORANGE COUNTY, a political subdivision of the State of California

Signed and certified that a copy of this Document has been delivered to the Chairman of the Board per G.C. Section 25103, Resolution 79-1535.

ATTEST:

Chairman of the Board of Supervisors County of Orange, California

Robin Stieler Clerk of the Board County of Orange, California

APPROVED AS TO FORM:

Office of County Counsel Orange County, California

Deputy

Date:

EXHIBIT A

TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Exhibit A will be a print showing the Crossing Area (see Recitals)

U®��ID>•

ORIGINAL EASEMENT. . . . . . . . . . . . I I

ADDITIONAL EASEMENT··· · · · · · ·

p;,,, /// j NEW CROSSING AREA

I I

UPRRCO. R/W OUTLINED·· · · · · · ·

0204509

SCANNED IMAGE

NOTE: BEFORE YOU BEGIN ANY WORK, SEE

AGREEMENT FOR FIBER OPTIC PROVISIONS.

EXHIBIT "A"

UNION PACIFIC RAILROAD COMPANY

WEST ANAHEIM, ORANGE COUNTY, CA

M.P. 512.4 - STANTON INDUSTRIAL LEAD

SP/CA/V43/1

SCALE: 1" = 50'

OFFICE OF REAL ESTATE

OMAHA, NEBRASKA DATE: 10-19-2023

EXHIBIT A-1

Exhibit A-1 will be the legal description of the Crossing Area (see Recitals)

LEGAL DESCRIPTION

Exhibit “A-1”

Gilbert Street (at Railroad Crossing)

Facility No.: Z58

Parcel No.: 252

That certain portion of land in the City of Stanton, County of Orange, State of California, being a strip of land, 15.00 feet wide, over a portion of Section 19, Township 4 South, Range 10 West, San

Bernardino Meridian, per map filed in Book 51, Page 10 of Miscellaneous Maps in the Office of the County Recorder of said County, described as follows:

Bounded Northerly by the northerly line of the Southern Pacific Company’s land as described in a

Deed recorded in Book 37, Page 199 of Deeds; Easterly by the westerly line of the easement for street or highway purposes to County of Orange as described in a document recorded

March 17, 1967 in Book 8202, Page 232 of Official Records; Southeasterly by the northwesterly line of the street or highway easement to County of Orange as described in a document recorded

February 14, 1969 in Book 8874, Page 807 of said Official Records, all in said Office of the

County Recorder; and Westerly by a line parallel with and 15.00 feet westerly of aforesaid westerly line.

Containing 433.21 Square Feet, more or less.

APPROVED

Kevin Hills, County Surveyor, L.S. 6617

___________________________________ Date: _____________

By: Raymond J. Rivera, L.S. 8324 5/9/2022

EXHIBIT A-2

Exhibit A-2 will be the County’s type, size and location prints of the Project (see Recitals)

W A

I T

H E

R E

16.1' 3.0'

3.0'

15.0'

15.0'

10.0' 10.0' 17.3'

23+00

20.0'

17.0'

9.0'

35.0'

CITY OF STANTON

COUNTY OF ORANGE

DOT# 748011G

HIGHWAY EASEMENT R/W

PROPOSED CPUC COMMISSION

STANDARD NO.8 SIGNAL

PROPOSED PEDESTRIAN

PUSH BUTTON

DETECTABLE WARNING

SURFACE

PROPOSED TRAFFIC

SIGNAL POLE

UNPAVED AREA

- AGGREGATE

PROPOSED 2' STRIP OF ASPHALT

DETECTABLE WARNING

SURFACE

UNPAVED AREA

- AGGREGATE

PROPOSED TRAFFIC

SIGNAL POLE

PROPOSED CPUC COMMISSION

STANDARD NO.9 SIGNAL WITH GATE

PROPOSED 2' STRIP OF ASPHALT

ROADWAY CL

ROADWAY CL

PROPOSED TRAFFIC

SIGNAL POLE

N

SCALE: 1" = 5'

SEE SHEET 16

DRAWN BY:

CHECKED BY:

DATE:

DATE DESCRIPTIONBYREV. #

SHEET TITLE:

SHEET NUMBER

County of Orange Department of Public Works

601 N. Ross Street

Santa Ana, CA 92701

FES: DOCUMENT TYPE:

LOCATION & DESCRIPTION:

Construction Drawing

County of Orange Department of Public Works

601 N. Ross Street

Santa Ana, CA 92701

D. SMITH

PJK

Construction Drawing

DRAWN BY:

CHECKED BY:

DATE:

SHEET TITLE:

SHEET NUMBER

FES: DOCUMENT TYPE:

LOCATION & DESCRIPTION:

3/24/2022

GILBERT STREET

ANAHEIM, CA

OF 19

SIDEWALK DETAIL (EAST SIDE)

I T

H E

R E

14.5'

14.0'3.0' 3.0'

6.0'

15.0'

10.0' 10.0' 17.3'

23+00 24+00

8.0'

35.0'

12.7'

CITY OF STANTON

COUNTY OF ORANGE

DOT# 748011G

ROADWAY CL

ROADWAY CL

PROPOSED TRAFFIC

SIGNAL POLE

PROPOSED 2' STRIP OF ASPHALT

UNPAVED AREA

- AGGREGATE

UNPAVED AREA

- AGGREGATE

INSTALL 17.6' MOUNTABLE CURB

PROPOSED TRAFFIC

SIGNAL POLE

PP #1837023E

PROPOSED CPUC COMMISSION

STANDARD NO.9 SIGNAL WITH GATE

DETECTABLE WARNING SURFACE

UP R/W

PP #4713173E

DETECTABLE WARNING

SURFACE

SEE SHEET 15

N

SCALE: 1" = 5'

DRAWN BY:

CHECKED BY:

DATE:

DATE DESCRIPTIONBYREV. #

SHEET TITLE:

SHEET NUMBER

County of Orange Department of Public Works

601 N. Ross Street

Santa Ana, CA 92701

FES: DOCUMENT TYPE:

LOCATION & DESCRIPTION:

Construction Drawing

County of Orange Department of Public Works

601 N. Ross Street

Santa Ana, CA 92701

D. SMITH

PJK

Construction Drawing

DRAWN BY:

CHECKED BY:

DATE:

SHEET TITLE:

SHEET NUMBER

FES: DOCUMENT TYPE:

LOCATION & DESCRIPTION:

3/24/2022

GILBERT STREET

ANAHEIM, CA

OF 19

SIDEWALK DETAIL (EAST SIDE)

I T

H E

R E

/8

V A

R

/5

11' 11'

9' 13' 6'

DETAIL "A"

185' TO LIMIT LINE

/8

/6P

/2

2'

30'

R/W

R/W

R/W

R/W

COUNTY OF ORANGE

R/W

1-06

1-08

2-02

1-02

3 R73-3

UPRR R/W

UPRR R/W

UPRR R/W

T O

N

R

T H

S T

A N

T O

N

R

A I L R

O A

D

E A

S T

T

E S

T

A

N A

H E

I M

R A

I L R

O A

D

W

E S

T

RAILROAD SIGNAL HOUSE

30' 30'

3"C/12PR#19 PRE-EMPTION

INTERCONNECT

R4-7

W10-1

/6

1-05

3'x10'

OLA

3-02

R10-6

N-1(CA)

OLA

R9-3

OM1-3

3-06

/2

W10-1

3"C/3#8

PV

PV

2-06

(MOD)

28'17.5'30'

35'17'

R60B(CA)

R/W

UPRR R/W

E X

I S

T

C

W R

W

O O

D

/6

R9-3

R4-7, R6-1

TYPE K(CA)

/6P

20'

R9-3

12.5'

3"C/2#12, 2#10

3'x10'

/8

/2

CITY OF STANTON

R10-6,R13A(CA)

/6

/6

185' TO LIMIT LINE

R3-18

6'x50'

6'x35' x

6'x35'

R9-3

/5

R3-18

R10-63

R13A(CA)

= ADVANCE PREEMPTION - TRANSFER ROW TO

TRACK CLEARANCE GREEN INTERVAL

= CROSSING ACTIVE - INDICATES GRADE

CROSSING WARNING SYSTEM IS ACTIVE

= INDICATES TO TRAFFIC SIGNAL IS IN

HARDWARE FLASH OR POWER OUTAGE

= PRIMARY

= SECONDARDY

= GATE DOWN RELAY

RAILROAD INTERCONNECT CIRCUIT DIAGRAM

RAILROAD INTERCONNECT CIRCUITS:

XR

THEALTH

PREEMPT

1ISLR

2GDR

JCT. BOX ON

SIDE OF HOUSE

TO TRAFFIC

CONTROLLER

TCR

XR

HEALTH

PRI

SEC

GDR

M.P. 001BAA - 512.40 DOT# 748011G

N

PACIFIC PLACE

FURNISH AND INSTALL ECONOLITE COBALT CONTROLLER ASSEMBLY, VIDEO DETECTION SYSTEM AND VIDEO PROCESSING UNIT, GTT OPTICOM EMERGENCY VEHICLE PREEMPTION GPS SYSTEM, BATTERY BACKUP SYSTEM, ECONOLITE RAILROAD INTERFACE

PANEL (OR APPROVED EQUAL), INTERSECTION HEALTH PANEL, RAILROAD PREEMPTION AND ALL OTHER NECESSARY EQUIPMENT

TO COMPLETE THE INTENDED OPERATION. INSTALL CONTROLLER ASSEMBLY IN AN ALUMINUM P44 CONTROLLER CABINET.

FURNISH AND INSTALL AN ALUMINUM SERVICE CABINET 120/240 VOLT TYPE III-BF WITH THE FOLLOWING 120 VOLT CIRCUIT

BREAKERS: ONE 50 AMPERE FOR TRAFFIC SIGNAL. ONE 30 AMPERE FOR SAFETY LIGHTING. ONE 15 AMPERE FOR STREET

NAME SIGN. ALSO INSTALL TWO TYPE V PHOTOELECTRIC CONTROL IN CLIENT AREA (BELOW METER AREA). ONE FOR

SAFETY LIGHTING AND ONE FOR LED STREET NAME SIGN. PHOTOELECTRIC UNITS SHALL BE TIME DELAY TYPE.

CONSTRUCTION NOTES

POLE SCHEDULE

LUMINAIRESTANDARD SIGNAL MOUNTING APS PED PUSH BTN

PEDVEHICLE PHASE ARROWLEDNo. HEIGHT LUM.M.A.

TYPE SIG.M.A.

19-3-100 30' 25' 12' 165 W Pacific Pl

1. ALL EQUIPMENT SHALL BE NEW. ALL SIGNAL INDICATIONS SHALL BE 12-INCH.

SP-1-T

SV-1-T SP-1-T

- -SV-2-TA -

LED SNS

LEGEND

FURNISH AND INSTALL VIDEO DETECTION ON LUMINAIRE ARM PER CALTRANS STD. PLAN ES-7R, DETAIL B.

FURNISH AND INSTALL VIDEO DETECTION ON SIGNAL MAST ARM PER CALTRANS STD. PLAN ES-7R, DETAIL A.

VIDEO DETECTION ZONE

DETAIL "A"

PPB

POST

5'-7" - - - -

6-

MAS

SV-2-TA - -

PPB

POST

5'-7" - - - -

SCALE: 1" = 20'

-MAS

19-3-100 30' 25' 12' 165 W -

MAS

19-4-100 30' 30' 15' 165 W Pacific Pl

18-3-100 17' 25' - - Gilbert

MAS

FURNISH AND INSTALL SIGN AS INDICATED.

RAILROAD PRE-EMPT PHASE DIAGRAM

CLEAR PHASE HOLD PHASE 1 HOLD PHASE 2

PHASE 8PHASE 7PHASE 6PHASE 5

PHASE 4PHASE 3PHASE 2PHASE 1

PHASE DIAGRAM

GILBERT STREET

2. - INSTALL FLAT (STRAIGHT) LUMINAIRE MAST ARM.

UP STATIONING - 190+23

GENERAL NOTES

ALL CONDUIT AND CONDUCTORS SHALL BE NEW.1.

7654321

OR

RUNS

CONDUCTOR SCHEDULE

AWG SIZE, WIRE

CABLE TYPE

PHASES

12 WIRE

- 1 1

1 1

- - 1

1 1

- 1 1

1 1

- 1

TOTAL CABLES

- 1

1 2

2 2

1 2

LUMINAIRE

I.I.S.N.S.

#10

#12

CONDUIT SIZE

2 22 2

2 22 2

3"3" 3"

- 1

3-#16 311---

2-4"

CONDUCTOR

CABLE

3 WIRE

CONDUCTOR

CABLE

STD

VIDEO POWER CABLE

VIDEO SIGNAL CABLE

PERCENT FILL

BELDON 8281COAXIAL

111---

311---

2"2"

19%10% 19%19%15% 5% 10% 14%

OLA, 06P

06PPB

3" 3"

RR PRE-EMPTION12PR.#19 1---- -- -

06PPB

06P

9 10

DRAWN BY:

CHECKED BY:

DATE:

DATE DESCRIPTIONBYREV. #

SHEET TITLE:

SHEET NUMBER

County of Orange Department of Public Works

601 N. Ross Street

Santa Ana, CA 92701

FES: DOCUMENT TYPE:

LOCATION & DESCRIPTION:

Construction Drawing

County of Orange Department of Public Works

601 N. Ross Street

Santa Ana, CA 92701

D. SMITH

PJK

Construction Drawing

DRAWN BY:

CHECKED BY:

DATE:

SHEET TITLE:

SHEET NUMBER

FES: DOCUMENT TYPE:

LOCATION & DESCRIPTION:

3/24/2022

GILBERT STREET

ANAHEIM, CA

OF 19

1-A 7' - - - -

- - - -TV-1-T

2MAS

POLE QUAD

E

E

FOUNDATION

TYPE SIZE

CIDH

C

C

CIDH

C

CIDH

CIDH

3'-6" X 12'-0"

1'-6" X 1'-6"

3'-6" X 12'-0"

2'-6" X 6'-0"

3'-6" X 12'-0"

3'-6" X 12'-0"

3. REVIEW POTHOLE REPORT PRIOR TO ORDERING POLES.

4. C = CIRCULAR FOUNDATION

2 0

2 0

SEQUENCE WITH CALL ON ALL PHASES

CIDH = CAST-IN-DRILLED-HOLE

6 FURNISH AND INSTALL GTT GPS SYSTEM RADIO UNIT ON SIGNAL MAST ARM. SEE DETAIL ON THIS SHEET.

9%

3"

19%

4"

RADIO/GPS CABLE

8 02 08

02 05 08

- 1

7 FURNISH AND INSTALL PROGRAMMABLE VEHICLE HEAD AS SHOWN.

OLA

OLA

OLA

LIMITED SERVICE

OLA = OLA SHALL ALWAYS HAVE GREEN EXTENSION DURING NORMAL

OPERATIONS.

RAILROAD PRE-EMPTION:

NO TURN

U

8 PROVIDE BICYCLE DETECTION ZONE AS SHOWN.

OPTICOM

1'-6" X 1'-6"

A. IF PHASE 6 PED PHASE IS ACTIVE, PHASE 6 PED PHASE TO FINISH SERVING PEDESTRIAN CALL OF UP TO 10 SECONDS THEN

TRANSITION TO SOLID DON'T WALK.

1. TRAIN ENTERS TRACK CIRCUIT (TCR) (ADVANCED PRE-EMPTION OF 21 SECONDS):

A. OLA WILL STAY GREEN FOR A PERIOD OF TOTAL TRACK CLEARANCE TIME.

2. GREEN TRACK CLEARANCE TIME:

B. 18 SECONDS OF THE TOTAL TRACK CLEARANCE TIME WILL STAY GREEN FOR OLA PHASE.

A. TRAFFIC SIGNAL WILL TRANSITION TO LIMITED SERVICE AFTER THE MINIMUM TCG TIME IS PROVIDED AND THE

GATE DOWN (GD) CIRCUIT IS ACTIVATED.

3. LIMITED SERVICE OPERATIONS (TRAIN PASSING THROUGH CROSSING):

A. SIGNAL RETURNS TO NORMAL OPERATIONS WHEN THE GATES ARE UP.

4. TRAIN EXIT TRACK SERVICE:

R60B(CA)(MOD)

9 FINAL CONNECTION OF RR SIGNAL INTERCONNECT TO UPRR SIGNAL HOUSE TO BE COMPLETED BY UPRR FORCES.

10 EXIST. UPRR SIGNAL HOUSE TO BE REMOVED BY UPRR FORCES.

1. ALL WORK AND MATERIAL SHALL CONFORM TO THE STATE STANDARD PLANS AND

SPECIFICATIONS 2018 EDITION, CALIFORNIA MUTCD 2014 EDITION AND THE SPECIAL PROVISIONS.

5. ALL NEW TRAFFIC SIGNAL HEADS SHALL BE METAL (ALUMINUM) WITH 12” L.E.D. INDICATIONS.

8. CONTRACTOR SHALL EXERCISE EXTREME CARE TO AVOID DAMAGING EXISTING UTILITIES.

7. CONDUCTOR SCHEDULE IS FURNISHED AS AN INSTALLATION GUIDE ONLY. IT SHALL BE THE CONTRACTORS

RESPONSIBILITY TO PROVIDE THE CORRECT CONDUCTORS REQUIRED FOR THE INTEND OPERATION.

9. SEE SHEET XX FOR SIGNING AND STRIPING REMOVAL AND INSTALLATIONS.

THE LOCATION OF SIGNAL POLES SHOWN ON THE PLAN IS APPROXIMATE. PLACEMENT OF THE

TRAFFIC SIGNAL POLE SHALL NOT OBSTRUCT RAIL ROAD FLASHER VISIBILITY. THE EXACT

LOCATION SHALL BE DETERMINED IN THE FIELD BY THE ENGINEER.

3. ALL NEW CONDUIT SHALL BE MINIMUM 3" DIAMETER PVC SCH.80 UNLESS SHOWN OTHERWISE.

4. ALL NEW PULLBOXES SHALL BE No. 6 UNLESS SHOWN OTHERWISE.

6. ALL NEW PEDESTRIAN SIGNAL HEADS SHALL BE L.E.D. TYPE WITH COUNTDOWN TYPE DISPLAYS.

10. CONTACT UPRR MANAGER OF PUBLIC PROJECTS PRIOR TO ANY WORK WITHIN UPRR ROW OR ANY WORK

AFFECTING GRADE CROSSING OPERATIONS.

6P

B. LIMITED SERVICE FOR PHASE 5. RED FOR ALL OTHER VEHICULAR PHASES.

B. IF OLA AND PHASE 6 ARE GREEN, IMMEDIATELY TRANSITION PHASE 6 TO YELLOW AND TO ALL RED. IF OLA IS GREEN, OLA TO

REMAIN GREEN. ALL OTHER CONFLICTING VEHICULAR PHASES DISPLAYING GREEN, WILL STAY GREEN FOR A MINIMUM GREEN TIME

AND THEN TRANSITION TO YELLOW AND TO ALL RED.

C. CROSSING RELAY CIRCUIT (XR) WILL NOTIFY THE TRAFFIC SIGNAL WHEN THE RR FLASHERS ARE ACTIVATED. IF XR IS RECEIVED

BEFORE GREEN TRACK CLEARANCE TIME IS ACTIVATED, IMMEDIATELY TERMINATE ALL CONFLICTING PEDESTRIAN AND VEHICLE

CONFLICTING MOVEMENTS AFTER SERVING MINIMUM GREEN TIME AND BEGIN SERVING GREEN TRACK CLEARANCE TIME.

SV-2-TA

1-A 10' - - - -

TV-1-T

C

2'-6" X 6'-0"

RAILROAD TRAFFIC SIGNAL INTERFACE

1 TO

MAST ARM

MOUNTING

CLAMP (PELCO

NO. AB-0121)

GTT OPTICOM

GPS DETECTOR

EMERGENCY VEHICLE

PRE-EMPTION DETAIL

RADIO/GPS

CABLE

REDUCER

BUSHING

TRAFFIC SIGNAL PLAN

11 PV CUT-OFF LINE FOR OLA

Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law

EXHIBIT B

SECTION 1. CONDITIONS AND COVENANTS

A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The County shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the County shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the County for the purpose of conveying electric power or communications incidental to the County's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the County to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.

B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the County shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.

C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof.

The County shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the County at its own expense settles with and obtains releases from such nonparties.

D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment.

E. So far as it lawfully may do so, the County will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.

F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the County will acquire all such other property and rights at its own expense and without expense to the Railroad.

SECTION 2. CONSTRUCTION OF ROADWAY

A. The County, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.

B. Except as may be otherwise specifically provided herein, the County, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the County shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.

C. All construction work of the County upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad.

D. All construction work of the County shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad'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 County. The County hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.

SECTION 3. INJURY AND DAMAGE TO PROPERTY

If the County, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the County is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the County at the County's own expense, or by the Railroad at the expense of the County, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.

SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK

The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the County of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the County shall reimburse the Railroad for the amount of the contract.

SECTION 5. MAINTENANCE AND REPAIRS

A. The County shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at the County’s expense.

B. If, in the future, the County elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the County’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the County shall bear the expense of such repairs or replacement.

SECTION 6. CHANGES IN GRADE

If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the County shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage.

SECTION 7. REARRANGEMENT OF WARNING DEVICES

If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.

SECTION 8. SAFETY MEASURES; PROTECTION

OF RAILROAD COMPANY OPERATIONS

It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the County that the work will be performed in a safe manner and in conformity with the following standards:

A. Definitions. All references in this Agreement to the County shall also include the Contractor 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 County shall include work both within and outside of the Railroad’s property.

B. Entry on to Railroad's Property by County. If the County's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the County shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the County, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the County’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of County’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad.

C. Flagging.

(i) If the County's employees need to enter Railroad's property as provided in Paragraph B above, the County agrees to notify the Railroad Representative at least thirty

(30) working days in advance of proposed performance of any work by County in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform County whether a flagman need be present and whether County needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill County for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, County agrees that County is not relieved of any of its responsibilities or liabilities set forth in this Agreement.

(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed.

One and one-half times the current hourly rate is paid for overtime, Saturdays and

Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, County shall pay on the basis of the new rates and charges.

(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though County may not be working during such time.

When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, County must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman.

If five (5) days notice of cessation is not given, County will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.

D. Compliance With Laws. The County shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The County shall use only such methods as are consistent with safety, both as concerns the County, the County's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The County (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the County to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the County shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The County further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.

E. No Interference or Delays. The County shall not do, suffer or permit anything which…