HomeMy WebLinkAbout2011-063
1
RESOLUTION NO. 2011-63
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 EXECUTION OF A PUBLIC HIGHWAY CROSSING AGREEMENT WITH SAN
BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG), THE CITY OF COLTON
4 AND THE UNION PACIFIC RAILROAD COMPANY (UPRR) FOR THE DESIGN,
CONSTRUCTION AND MAINTENANCE OF A GRADE SEPARATION ON HUNTS
5 LANE AT THE UPRR SOUTH OF REDLANDS BOULEVARD (SS04-51).
6
7
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of said City a Public Highway Crossing Agreement with San
10
Bernardino Associated Governments (SANBAG), the City of Colton and the Union Pacific
11
12
Railroad Company (UPRR) for the design, construction and maintenance of a grade separation
on Hunts Lane at the UPRR south of Redlands Boulevard (SS04-51). A copy of said agreement
13
14 is attached as Attachment "A" and made a part hereof.
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SECTION 2. The authorization to execute the above-referenced agreement is rescinded
if the parties to the agreement fail to execute it within one hundred eighty (180) days of the
passage of this resolution.
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- I -
2011-63
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A PUBLIC HIGHWAY CROSSING AGREEMENT WITH SAN
2 BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG), THE CITY OF COLTON
3 AND THE UNION PACIFIC RAILROAD COMPANY (UPRR) FOR THE DESIGN,
CONSTRUCTION AND MAINTENANCE OF A GRADE SEPARATION ON HUNTS
4 LANE AT THE UPRR SOUTH OF REDLANDS BOULEVARD (SS04-51).
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
6 Common Council of the City of San Bernardino at a regular meeting thereof, held on the
7
8
7th day of
, 20 II, by the following vote, to wit:
March
Council Members:
NAYS
ABSTAIN ABSENT
AYES
9
10 MARQUEZ
x
11 VACANT
12
13
14
15
16
17
18
x
BRINKER
SHORETT
----1L
x
KELLEY
x
JOHNSON
x
MC CAMMACK
19
20
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23
/7 ~ ';J 1", L.
VI.. ~ ,'. , GLu..A--rc
City Clerk
-o:i-
The foregoing resolution is hereby approved this \ 0 day of March
,2011.
Approved as to form:
24
25 JAMES F, PENMAN,
City Attorney
26
27
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By: L t-f~
C
- 2 -
,
CITY OF SAN BERNARDINO
Council Date - 3/7/11
1123 (2011-63)
UPRR Folder No. 2583-94
ATTACHMENT "A"
PUBLIC HIGHWAY OVERPASS
CROSSING AGREEMENT
AMONG
SAN BERNARDINO
ASSOCIATED GOVERNMENTS
CITY OF COLTON, CALIFORNIA
CITY OF SAN BERNARDINO, CALIFORNIA
AND
UNION PACIFIC RAILROAD COMPANY
FOR THE
DESIGN, CONSTRUCTION AND MAINTENANCE OF THE NEW
HUNTS LANE OVERPASS GRADE SEPARATION CROSSING
(DOT NO. 440-592B)
AT
RAILROAD MILE POST 541.00 - YUMA SUBDIVISION
IN OR NEAR
COLTON AND SAN BERNARDINO,
SAN BERNARDINO COUNTY,
CALIFORNIA
San Bernardino Original
I'uhli..: I{uad OVl:fll<lSS Agreement a
'''n-Sland",,! r"nn - "pp"""j" VP-I~w ""'16/2010 aUILDI~G AMERICA' I!IUV
UPRR Folder No.: 2583-94
UPRR Audit No. 257ft! fi
PUBLIC HIGHWAY OVERPASS CROSSING
AGREEMENT
Hunts Lane Overpass - DOT No. 440-592B
UPRR Mile Post 541.0 - Yuma Subdivision
Colton and San Bernardino, San Bernardino County, California
<.+
This AGREEMENT (nAgreement") is made and entered into as the -D - day of
J~ ,2011, by and among UNION PACIFIC RAILROAD COMPANY, a
Delaware corporation to be addressed at Real Estate Department, 1400 Douglas Street, MS 1690,
Omaha, Nebraska 68179 ("Railroad"); the CITY OF COLTON, a municipal corporation of the
State of California, to be addressed at 650 North La Cadena Drive, Colton, California 92324
("Colton"); the CITY OF SAN BERNARDINO, a municipal corporation of the State of
California to be addressed at 300 North "0" Street, San Bernardino, California 92418 ("San
Bernardino"); and the SAN BERNARDINO ASSOCIATED GOVERNMENTS, the duly
constituted transportation authority and transportation commission for San Bernardino County to
be addressed at 1170 W. 3rd Street, 2nd Floor, San Bernardino, California 92410 ("SANBAG").
The City of Colton, City of San Bernardino, and SAN BAG are collectively hereinafter referred
to as "Political Bodies".
RECITALS:
A. Hunts Lane jointly in the Cities of Colton and San Bernardino crosses the Yuma
Subdivision of the Railroad by an at-grade crossing and is identified with the State of
California Public Utilities Commission, "CPUC" as Crossing No. 001B-541.00 and DOT
Crossing 747-168J. At this crossing the Railroad owns property, right-of-way and
facilities (the "right-of-way") and the Railroad and the National Railroad Passenger
Corporation ("AMTRAK") operate trains along the right-of-way.
S. The Political Bodies have a project to design, construct, maintain and operate Hunts Lane
overhead grade separated overpass structure (the "Structure") replacing the existing at-
grade crossing (the "PROJECT"). The PROJECT will include (a) 4 lane highway bridge
with a single span of approximatel y 118 feet and 7 inches over the tracks of the Railroad
and approaches thereto; (b) any and all necessary changes to telephone, signal, fiber
optic, oil, gas and electric lines and appurtenances; (c) all temporary and permanent
railroad work, grading, drainage facilities and access driveways; (d) all highway
facilities, right-ot~way acquisition, preliminary and construction engineering; and (e) any
and/or all other work of every kind and character necessary to accomplish the new
construction of the Structure, with the general location of the Structure being shown on
the Railroad Location Print marked Exhibit A.
25R3~94 Cities of Colton/San Bernardino &
SAN BAG ra) Colton. CA - Hunts Lane ovemass
Page lof8
revised February 4, 2011
l'llhlii,; RllaJ UVl.'rpass Agrccllll:llt
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C. The general protile of the Structure is shown on the Detailed Prints marked Exhibit B.
D. In conjunction with the PROJECT, Railroad, at Political Bodies cost and as provided in
Article 9, shall provide engineering review, inspection, tlagging and remove crossing
materials at the at-grade crossing to be closed (the "RAILROAD WORK") as provided in
Article 9.
E. The Political Bodies and Railroad desire to cooperate and complete the PROJECT and
RAILROAD WORK with the least amount of disruption to vehicular and rail trattic.
F. SAN BAG will act as lead agency tor the Political Bodies on all planning, environmental
approval, permitting activities, funding and to prepare the plans, speeitications, cost
estimates, obtain required permits, right-ot~way, and approvals and to administer the
construction contract tor the PROJECT.
G. The Political Bodies desire the right to use tor the PROJECT that portion of the right-ot~
way of the Railroad located in the cities of Colton and San Bernardino, County of San
Bernardino, State of California at Railroad Mile Post 541.00, DOT No. 440-592B on
Railroad's Yuma Subdivision (the "Crossing Area").
H. The Survev Print showing the Crossing Area is marked Exhibit C and the Legal
Description describing the Crossing Area is marked Exhibit C-1.
The PROJECT also involves the permanent closure by CoIton and San Bernardino of the
Hunts Lane at-grade public road crossing over Railroad's track(s) and property at Railroad Mile
Post 541.00, DOT No. 747-168J. Attached are a Request to the CPUC for the permanent closure
of the existing Hunts Lane at-grade public road crossing and Approval for the Construction of
the new Hunts Lane Overpass grade separated public road crossing marked Exhibit F, and an
Authorization from the CPUC tor the permanent closure of the existing Hunts Lane at-grade
public road crossing and Approval for the Construction of the new Hunts Lane Overpass grade
separated public road crossing marked Exhibit F-I, attached hereto and hereby made a part
hereof
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
ARTICLE l.
EXHIBITS
Exhibits A through H-2 are attached hereto and hereby made a part hereof.
ARTICLE 2 -
PROJECT COSTS
Except as provided in Article 10, the Political Bodies contirm that the Political Bodies
are to bear the PROJECT costs identified herein and that the Railroad shall not be obligated to
provide any additional funding tor this PROJECT beyond what is identified in Article 10 of this
Agreement.
ARTICLE 3 -
DEFINITION OF CONTRACTOR
For purposes of this Agreement the term "Contractor" shall mean the contractor or
contractors hired by the Political Bodies are to bear the PROJECT work on any portion of the
Railroad's property and shall also include the Contractor's subcontractors and the Contractor's
2583-94 Cities of Colt ow San Bernardino &
SAN BAG (u: Culton, CA - Hunts Lane Overpass
Page 2 of8
revised February 4, 2011
I'\lhlic I{llad OVl:rpass A!!.n..'Cll1Cllt
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3UILDI~GAMERICA. III
and subcontractor's rcspective employees, ofticers and agents, and others acting under its or their
authority.
ARTICLE 4 -
RAILROAD GRANTS RIGHT
For and in consideration of SEVENTY-ONE THOUSAND THREE HUNDRED
NINETY-ONE DOLLARS ($71,391.00) to be paid by SAN BAG to the Railroad upon the
execution and delivery of this Agreement and in further consideration of the Political Bodies'
agreement to pertorm and comply with the terms of this Agreement, the Railroad hereby grants
to the Political Bodies the right to construct, use, maintain and repair the Structure on, along and
over the Crossing Area.
ARTICLE 5 -
FEDERAL AID POLICY GUIDE AND TCRP FUNDING
The PROJECT will be funded by a combination of the State Traffic Congestion Relief
Program ("TCRP") and Federal funds, and 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 shall govern and such rules, regulations and provisions are incorporated into this
Agreement by reference.
ARTICLE 6 - POLITICAL BODIES' OBLIGATIONS
A. SAN BAG agrees:
I. To prepare the 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 appurtenances, associated drainage,
shoring, sheeting and excavations for bents and/or abutments next to or adjacent to
the Railroad's tracks. 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.
2. That no changes in the Plans shall be made unless the Railroad has consented to such
changes in writing.
3. That upon completion of the Structure, SANBAG, at its expense, shall furnish to the
Railroad two (2) sets of reproducible "as constructed" Plans of the Structure.
4. That the Railroad's review and approval of the Plans in no way relieves the Political
Bodies 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 Political Bodies or Contractor
on the Plans is at the risk of the Political Bodies and Contractor.
5. To obtain and comply with any and all approvals, permits, licenses and other
authorizations required by applicable laws, regulations, rules and ordinances,
including obtaining permissions/authority from the CPUC prior to the
commencement of any PROJECT work.
25S3-94 Cities ofColtolVSan Bernardino &
SANBAG@ Colton. CA - Hunts Lane Ovemass
Page 3 01'8
revised February 4.2011
l'llhlit: I{llaJ On'rpass '\i!n:Clllcnt
\111I-Slandard Fnun i\pprovcd AYP-I~w Il);fJt)i2oI0
BUILDING AMERICA' IITIID
(). To act as the lead agency on all planning, zonmg, environmental approval and
permitting activities required by state law.
7. That if any property or rights, other than the right granted herein by Railroad to the
Political Bodies, are necessary tor the construction, maintenance and use of the
Structure and its appurtenances, or tor the pertormance of any work in connection
with the PROJECT, SAN BAG will acquire such other property and rights at its own
expense and without expense to Railroad.
S. To comply and ensure that its Contractor complies, at all times when on Railroad's
property, with the rules and regulations contained in ARTICLE S, CONTRACTOR's
RIGHT OF ENTRY -INSURANCE.
9. To make all necessary arrangements at SANBAG's expense tor the protection,
relocation or removal of any public or private utility facilities that conflicts with the
PROJECT. Submittal of plans and specitications for protecting, encasing,
reintorcing, relocation, replacing, remove and abandoning in place all non-railroad
owned facilities (the "Non-Railroad Facilities") atfected by the PROJECT including,
without limitation, utilities, tiber optics, pipelines, wirelines, communication lines
and tences is required under ARTICLE 6A.1. 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.
10. To complete the PROJECT within three (3) years after the Effective Date of this
AGREEMENT.
II. To perform all necessary grading for the construction of the PROJECT. The grading
pertormed by SANBAG shall provide for suitable drainage, both temporary and
permanent, as provided for in the Plans.
12. To advise Railroad in writing of the completion date of the PROJECT, and
construction of the Structure, within 30 days after such completion, SANBAG shall
further notify Railroad, in writing of the date on which Railroad and SANBAG's
Contractor will meet tor the purpose of making final inspection of the PROJECT.
Railroad retains the right to review the work and demand satisfactory completion of
the PROJECT and Structure in compliance with the Plans (and subject to such field
changes as may be approved by Railroad) and the Railroad's Minimum Requirements
marked Exhibit E. However, in no event shall Railroad's review, inspection,
approval or demands make Railroad liable or responsible for any problems with the
PROJECT, and/or Bridge, nor shall Railroad be responsible to repair or remedy such
problems. SAN BAG and its Contractor shall bear such liability and responsibility.
13. The Request to the CPUC and the Authorization bv the CPUC for the permanent
closure ofthe existing Hunts Lane at-grade public road crossing at Railroad Mile Post
2583-94 Cities ofCo]toniSan Bernardino &
SAN BAG (a) Colton. CA - Hunts Lane Ovemass
Page 4 of8
revised February 4. 2011
Public Road Overpass Agreement
Non-Standard Form - Approved AVP-Law 10/0612010
BUILDING AMERICA" m
541.00, DOT No. 747-168J (the "Closed Crossing") upon completion of the
Structure, are respectively marked Exhibit F and Exhibit F-l.
ARTICLE 7 - COLTON AND SAN BERNARDINO OBLIGATIONS
A. Colton and San Bernardino, at their respective expense, agree:
1. To maintain, repair and renew, upon completion of the PROJECT, the entire
Structure and appurtenances, including superstructures, piers and abutments, retaining
walls, lighting, drainage system, roadway pavement, roadway facilities, curb and
gutter, striping, signage, chain link or other type of fence located along the property
line and appurtenances, and also graffiti removal from the Structure and retaining
walls on a regular basis.
2. To notify Railroad ten (10) working days in advance of any maintenance of the
Structure if such maintenance or repair activity is to occur within 25 feet of a track.
Colton and San Bernardino, at their expense, shall maintain advance warning signage
and markings as required under the State of California Vehicle Code, Section 21362,
and the State of California Department of Transportation's (Caltrans) Traffic Manual.
3. To provide Railroad with adequate and reasonable access through property owned by
Colton and San Bernardino for the inspection of the PROJECT work.
4. To maintain the PROJECT and Structure as set forth in a joint agreement between
Colton and San Bernardino. Colton will be responsible for the portion of the
PROJECT west of the centerline of Hunts Lane. San Bernardino will be responsible
for the portion of the PROJECT east of the centerline of Hunts Lane. The point of
contact for Colton will be David Zamora, Mayor. The point of contact for San
Bernardino will be Robert Eisenbeisz, City Engineer.
ARTICLE 8 - CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE
A. If the Political Bodies will be hiring a Contractor to perform any work involving the
PROJECT (including initial construction and any subsequent relocation or maintenance
and repair work), the Political Bodies shall require its Contractor to execute the
Railroad's then current Contractor's Right of Entry Agreement; and provide the insurance
policies, certificates, binders and/or endorsements to Railroad that are required therein
before allowing any of its Contractors to commence any work in the Crossing Area or on
any other Railroad property.
B. The Political Bodies acknowledge receipt of a copy of Railroad's current Contractor's
Right of Entrv Agreement, attached hereto as Exhibit G and confirms that it will inform
its Contractors that it/they are required to execute such form of agreement before
commencing any work on any Railroad property. Under no circumstances will Political
Bodies' Contractors be allowed on to Railroad's property without first executing the
Railroad's Contractor's Right of Entry Agreement and also providing to Railroad the
insurance policies, binders, certificates and/or endorsements described therein.
C. All insurance correspondence, binders, policies, Cel" Jicates and/or endorsements shall be
sent to:
Union Pacific Railroad Company
Real Estate Department, MS 1690
2583-94 Cities of Colton/San Bernardino &
SANBAG @ Colton, CA - Hunts Lane Overpass
Page 5 of 8
revised February 4,2011
I'uhlic l{(l;l\j OVI''l1aSS A)4rL'L'llll'lll
:"J'lll-Sl;llld;\rd Form- l\pprovCJ AVP-I.Jw ](),l)h/2010
BUILDING AMERICA" III
I-/()() DOl/glas Street
Omaha. N E 68179
.IIYN: Senior Manager-Contracts
UPRR Folder No. 2583-94
D. [fthe Political Bodies' own employees will be perfonning any of the PROJECT work, the
Political Bodies may selt~insure all or a portion of the insurance coverage subject to
Railroad's prior review and approval.
ARTICLE 9 - WORK TO BE PERFORMED BY RAILROAD: BILLING: PAYMENT
BY SAN BAG
A. The RAILROAD WORK to be perfonned by Railroad, at SAN BAG's expense, shall
consist of engineering review, inspection, tlagging and removal of the crossing surface
and signals at the Closed Crossing upon completion of the Structure with such
RAILROAD WORK also being described in the Railroad's Signal Material Estimate
marked Exhibit H, dated January 21, 2011 in the amount of $173,376.00 and the
Railroad's Flagging & Inspection Estimate marked Exhibit H-l, dated January 24,2011
in the amount of $230,000.00 (hereinafter collectively the "Estimate"). As set forth in the
Estimate, the Railroad's combined estimated cost for the RAILROAD WORK associated
with the PROJECT is ($403,376.00).
B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the
Political Bodies in the event the Political Bodies do not commence construction of the
Project within six (6) months from the date of the Estimate.
C. The Railroad shall send progressive billing to SAN BAG during the Project and final
billing to SAN BAG within one hundred eighty (180) days after receiving written notice
from SAN BAG that all Project work affecting the Railroad's property has been
completed.
D. SAN BAG agrees to reimburse the Railroad within sixty (60) days of its receipt of
progressive or final 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 the Railroad prior to the execution of this Agreement),
construction inspection, tlagging, procurement of materials, equipment rental, manpower
and deliveries to the job site and all direct and indirect overhead costs including
Railroad's customary additive rates. Should the estimated amount identified herein be
exceeded during the tenn of this Agreement, any increases to the estimated amount will
require SAN BAG Board of Directors approval, which shall not be unreasonably
withheld. In this situation, reimbursement may take up to 90 days.
E. The books, papers, records and accounts of the Railroad so far as they relate to this
Project shall be open for inspection and audit at the Railroad's Headquarters Building in
Omaha, Nebraska, during nonnal business hours by the agents and authorized
representatives of the Political Bodies and the Federal Highway Administration for a
period of three (3) years following the date of the Railroad's final billing to SANBAG.
2SR3-94 Cities ofColtolVSan Bernardino &
SAN BAG (a' Colton, CA - Hunts Lane Overpass
Page 6 of8
revised February 4. 2011
j'llbJic Roao Ov..:rpass ,\gn:clllelll
N'lll-Sland;lrd Fonn -- Appruved A VP-I..;!w 11),06/2010
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ARTICLE 10 - RAILROAD'S 5% CONTRIBUTION
Pursuant to the provisions of the Federal Aid Policy Guide, 23 CFR Section 646.210, the
Railroad, due to the permanent closure of the at-grade Closed Crossing, shall bear live percent
(5%) of the cost of a "Theoretical Structure." The Theoretical Structure Estimate is marked
Exhibit H-2 and is attached hereto and hereby made a part hereof: It has been determined that
the Railroad's live percent share is estimated to be One Million Two Hundred Eighty-Three
Thousand Six Hundred Thirty Dollars ($1,283,630.00). In no event shall the Railroad's
obligation herein exceed $1,283,630.00 without the prior written approval of the Railroad's
Assistant Vice President Engineering - Design or his authorized representative. When the
Structure is one hundred percent (100%) complete and the Structure has the Iinal acceptance of
the Railroad, SAN BAG shall send billing to the Railroad, said billing shall not exceed
$1,283,630.00, unless the Railroad's obligation is increased by Railroad's prior written approval
provided herein. Railroad shall pay such billing within sixty (60) days of receipt of billing
from SAN BAG. The obligation of the Railroad to contribute live percent (5%) of the cost of a
"Theoretical Structure" pursuant to this Article 10 shall not be includable as an actual cost lor
purposes of paragraph D of Article 9 of this Agreement.
ARTICLE 11 - EFFECTIVE DATE: TERM
This Agreement shall become effective as of the date first herein written, whichever is
earlier, and shall continue in full force and elfect until terminated as provided in this Agreement.
2583-94 Cities ofColtoro'San Bernardino &
SAN BAG (ill Colton. ('A - Hunt" I ;mp Ovt>rn:l.,,,
Page 7 of8
revised February 4, 2011
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in
quadruplicate as of the date tirst herein written.
SAN BERNARDINO ASSOCIATED
GOVERNMENTS (SANBAG)
By .~~ ~_~
Printed Name: ad Mitzelfelt
Title: SANBAGBoard President
UNION PACIFI RAILROAD COMPANY
/ /tRR)
By
JAMES P. GADE
Director Contracts
By
Title:
CITY OF SAN BERNARDINO
SAN BERNARDINO)
By
Title: City Manager
1583-94 Cities of Colt ow 'Sun Bernardino &
SAN BAG (ii, Colton. CA - Hunts Lane Ove1lJass
Page 8 of8
APPROVED AS TO FORM:
BY~} 811~~
Printed Name: .permy-1\'I: ""-K&l.,ley
Title: SANBAGRE'6ub1.h F. Messinger
APPROVED AS TO FORM:
By
;{J&~
KE CKEN
Manager Contracts
APPROVED AS TO FORM:
::&~~~~-
Title: 0ll"l ATTOI<NE'I
APPROVED AS TO FORM:
By
Pri
Tit
Penman
City Attorney
revised February 4,2011
..
'.
LIST OF EXHIBITS
Exhibit A
Railroad Location Print
Exhibit B
Detailed Prints
Exhibit C
Survey Print Showing Crossing Area
Exhibit C-l
Legal Description Describing Crossing Area
Exhibit D
General Terms and Conditions
Exhibit E
Railroad's Minimum Requirements
Exhibit F
Request to the CPUC for the Permanent Closure of the
Existing Hunts Lane At-Grade Public Road Crossing
Exhibit F-l
Authorization by the CPUC for the Permanent Closure ofthe
Existing Hunts Lane At-Grade Public Road Crossing
Exhibit G
Contractor's Right of Entry Agreement
Exhibit H
Railroad's Signal Material Estimate
Exhibit H-l
Railroad Flagging & Inspection Estimate
Exhibit H-2
Theoretical Structure Estimate
.
.
TO
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RAILROAD LOCA nON PRINT
OF A NEW OVERPASS GRADE SEPARATED PUBLIC ROAD CROSSING
CONSTRUCTION PROJECT
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~ _ Hunts une Overpass - DOT No. 440-592B .be ARDIN ~
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~ =~!I '~ .,!!J Hunts Lane - DOT No. 747.168J r I:~ ~.lNPJSlR~l.RO .
~ij \'0 ! t;:, RR MP 541.00 . Yuma Subdivision .~ I'" -= - ~
~ '}..'f To Be Closed .& Removed \ ~ m ~; [~! .\l
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RAILROAD WORK TO BE PERFORMED:
l. Relocate and bury existing overhead signal lines and poles; and
other signal materials.
2. Flagging & Inspection.
EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
YUMA SUBDIVISION
MILE POST 541.00
GPS: N 34' 03.5813'. W 117' 17.2481'
near COLTON. SAN BERNARDINO CO.. CA.
Railroad Location Print of a new grade separated
public road crossing construction project with the
SAN BERNARDINO ASSOCIATED GOVERNMENTS
CITY OF COLTON and the
CITY OF SAN BERNARDINO.
Folder No. 2583,94
Date: September 21, 20 I 0
WARNING
IN ALL OCCASIONS U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCA nON OF FIBER OPTIC CABLE.
PHONE: J.(800) 336-9193
Exhibit A
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KEY MAP
LOT 3
BLOCK 65
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~HUNTS LANE CENTERLINE
AND COMMON LINE -
LOTS 3 & 4 BLOCK 65
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PARCEL C
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MOFF A TT & NICHOL ~
Doted March 1. 2010 ~ ~
, 0:: H. RICHi\~D NE~'LL 1.0 \ i
Jj. f2uJl4J1l)ii~ ~\ . "0. 11590 · ~ '
Mr. H.R. Neill, P.E., S.E. ~ 3
Assodote Vice President ~ I
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ACRONYNMS & A88REVlA TIONS
AE AERIAL EASEMENT
PE PERMANENT EASEMENT
TCE TEMPORARY CONSTRUCTION EASEMENT
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Ul>d~t.d 2010.QJ-CI1
Exhibit C
Survey Print of Crossing Area
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HUNTS LANE
PARCEL 1 DESCRIPTION
PERMANENT EASEMENT
APN 141-321-02
Parcell
All those certain parcel ofland situate, lying and being in Section 27, Township I South, Range 4
West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California,
being portions of Lot 3 and 4, Block 65 of the Rancho San Bernardino, as per map thereof recorded
in Book 7, page 2 of maps in the office of the Recorder of said County, said parcel being more
particularly described as follows:
Commencing at the True-Point-of-Beginning (TPOB), said point being North 00027'30" West 50.22
feet of the intersection of the original located centerline of the Southern Pacific Company's (now
Union Pacific Railroad) main track (Colton to Lorna Linda) with the common lot line of said lots 3
and 4, said common lot line being the westerly limit of a parcel of land to be described, said point also
being 1,301.22 feet southerly, measured along said common lot line, from the northeast comer of said
lot 3; thence South 80057'30" East 54.3 I feet to a point in a line that is distant 49.02 feet, measured
at right angles from the original located centerline of the Southern Pacific Company's (now Union
Pacific Railroad); thence South 00027'30" East 102.53 feet to a point in a line that is distant 53.56
feet, measured at right angles from said common lot line; thence North 80029'20" West 54.38 feet to
a point in said common lot line; thence North 00027'30" West along said common lot line 102.08
feet to the True-Point-of-Beginning.
Said described parcel contains 5,479 square feet (0.13 acres).
The above-described parcel of land is shown on attached exhibit and was prepared by me or
under my direction in confonnance with the Professional Land Surveyors Act.
MOFFATT & NICHOL
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Dated March 1,2010
Mr. H.R. Neill, P.E., S.E.
Associate Vice President
SAN BERNARDINO P:m:el Description Elih A 14] nl 02.PE-Plll'Ccl.I.Doe
R~ised2010-03..o1
Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
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PERMANENT EASEMENT
LOT 3
BLOCK 65
LOT 4
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HUNTS LANE CENTERLINE
AND COMMON LINE -
LOTS 3 & 4 BLOCK 65
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I. CENTERLINE: U.PRf? [STABLlSHeD @ SPLIT OF RAILS
AS SHOWN ON TRACT NO. 11414 MB 157/41-44
2. AS SHOWN ON TRACT NO. 11414 MB 157/41-44
J AS SHOWN ON PARCEL MAP NO. 1148 MB 135/1-2
AND PARCH MAP NO.. 8401 MB 88/32-33
1 1v80"29'20'
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54.38' -
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53.56'
* ALL REFERENCE NOTES RECORDED IN RECORDS OF
SAN BERNADINO. COUNTY, STA T[ OF CALIFORNIA
CI TY OF SAN BERNARDINO
PARCEL 1 EXHIBIT
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Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
.
HUNTS LANE
PARCEL 2 DESCRIPTION
PERMANENT EASEMENT
APN 141-321-02
Parcel 2
All those certain parcel of/and situate, lying and being in Section 27, Township 1 South, Range 4
West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California,
being portions of Lot 3 and 4, Block 65 of the Rancho San Bernardino, as per map thereof recorded
in Book 7, page 2 of maps in the office of the Recorder of said County, said parcel being more
particularly described as follows:
Commencing at the True-Point-of-Beginning (TPOB), said point being North 00027'30" West 43.15
feet of the intersection of the original located centerline of the Southern Pacific Company's (now
Union Pacific Railroad) main track (Colton to Lorna Linda) with the common lot line of said lots 3
and 4, said common lot line being the westerly limit of parcel of/and to be described, said point also
being 1,207.85 feet southerly, measured along said common lot line, from the northeast corner of said
lot 3; thence North 00027'30" West 7.61 feet along said common lot line; thence South 80029'20"
East 54.38 feet to a point that is parallel with and distant 50 feet, measured at right angles from
the original located centerline of the Southern Pacific Company's (now Union Pacific Railroad);
thence South 00027'30" East 7.16 feet to a point in a line that is distant 53.56 feet, measured at
right angles from said common lot line; thence North 80057'30" West 54.31 feet to the True-
Point-of-Beginning.
Said described parcel contains 396 square feet (0.0 I acres).
The above-described parcel of land is shown on attached exhibit and was prepared by me or
under my direction in confonnance with the Professional Land Surveyors Act.
MOFFATT & NICHOL
Dated March 1,2010
Associate Vice President
SAN BERNARDINO P=l DescripliOllEAh A 141 321 O::-PE!-Parcel-l.{)oc
Rc\'isl:d:Dl0.0J-OI
Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
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PERMANENT EASEMENT
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LOT 3 -1 LOT 4
BLOCK 65 ~:'LO'~C'K 65
HUNTS LANE CENTERLINE
AND COMMON LINE -
LOTS 3 & 4 BLOCK 65
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1. CENTERLINE UP R. R. ESTABLISHED @ SPLIT OF RAILS
AS SHOWN ON TRACT NO. 11414 1.18 157/41-44
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J. AS SHOWN ON PARCEL MAP NO. 1I48 MB 135/1-2
AND PARCEL MAP NO. 840.1 MB 88/32-33.
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* ALL REFERENCE NOTES RECORDED IN RECORDS OF
SAN BERNADINO. COUNTY, STATE OF CALIFORNIA
,
r---.!\I80~'.?O~
-
~
,
;
;;
~
.
"
1
]
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/
CITY OF SAN BERNARDINO
PARCEL 2 EXHIBIT
o
,
25
50
1"~50'
Upd~l"d 2010 OJ-01
-
--
-
100
,
Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
..
HUNTS LANE
PARCEL 3 DESCRIPTION
AERIAL EASEMENT
APN 141-321-02
Parcel 3
All those certain parcel of land situate, lying and being in Section 27, Township I South, Range 4
West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California,
being portions of Lot 3 and 4, Block 65 of the Rancho San Bernardino, as per map thereof recorded
in Book 7, page 2 of maps in the office of the Recorder of said County, said parcel being more
particularly described as follows:
Commencing at the True-Point-of-Beginning (TPOB), said point being the intersection ofthe original
located centerline of the Southern Pacific Company's (now Union Pacific Railroad) main track
(Colton to Lorna Linda) with the common lot line of said lots 3 and 4, said common lot line being
the westerly limit of parcel ofland to be described, said point also being 1,251.00 feet southerly,
measured along said common lot line, from the northeast comer of said lot 3; thence North
00027'30" West along said common lot line 43.15 feet to a point in a line that is distant 42.50 feet,
measured at right angles from the original located centerline of the Southern Pacific Company's
(now Union Pacific Railroad); thence South 80057'30" East 54.31 feet to a point that is distant
42.95 feet, measured at right angles from the original located centerline of the Southern Pacific
Company's (now Union Pacific Railroad); thence South 00027'30" East 93.38 feet to a point in a
line that is distant 49.02 feet, measured at right angles from the original located centerline of the
Southern Pacific Company's (now Union Pacific Railroad); thence North 80057'30" West 54.31'
feet to a point in said common lot line; thence North 00027'30" West along said common lot line
50.22 feet to the True-Point-of-Beginning.
Said described parcel contains 5,001 square feet (0.11 acres).
The above-described parcel of land is shown on attached exhibit and was prepared by me or
under my direction in conformance with the Professional Land Surveyors Act.
MOFFATT & NICHOL
Dated March 1,2010
Mr. H.R. Neill, P.E., S.E.
Associate Vice President
SAN 8ERNARDINO Parcell.lesaiption Ed, A ]4\ 32] 02-AE-Pom!I-3.Doc
Re\ised::OIO-03-01
Exhibit C.1
Legal Descriptions & Parcel Survey Prints of Crossing Area
..
.
AERIAL EASEMENT
LOT 3
BLOCK 65
I
t
LOT 4
~'~ BCL~OCCK 65
HUN TS LANE CEN TERLlNE
AND COMMON LINE -
LOTS 3 & 4 BLOCK 65
,
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o
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~ r
N g
PARCEL 3
-YNlON
S8~9c ~ACIFtc
" 20 '): - ~ -
~
~
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NOTE 1
~
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~
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! N80~O"W
.... ".
54.31'
RAiLROAD
~ - --S.E..NTERLlNE
APN 741-321-02 --
5,001 sqJt,
0, 11 acres
'"
o
m
.
NOTES
5.3,56'
Ii
I. CENTERLINE U.P.R.R. ESTABLISHED @ SPLiT or RAILS
A5 SHOWN ON TRACT NO. 11414 MS 157/41-44
o N
o
0' I:::!
~ 0
- '"
2. A5 SHOWN ON TRACT NO. 11414 MB 157/41~44
J. AS $HOIIVN ON PARC[L MAP NO. 1148 MB 135/1-2
AND PARCEL MAP NO. 8401 MS 88/32-33.
* ALL REFERENCE NOTES RECORDED IN RECORDS OF
SAN BERNADINO. COUNTY, STATE OF CALIFORNIA
r' - !-1!!9.?9'20 "w
~-
~
~
~
~
CITY OF SAN BERNARDINO
PARCEL 3 EXHIBIT
o
,
25 50
100
,
1"~50'
UpMI<d 20\0-03-01
Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
.
.
HUNTS LANE
PARCEL 3A DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 141-321-02
Parcel 3A
All those certain parcel ofland situate, lying and being in Section 27, Township 1 South, Range 4
West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California,
being portions of Lot 3 and 4, Block 65 of the Rancho San Bernardino, as per map thereofrecorded
in Book 7, page 2 of maps in the office of the Recorder of said County, said parcel being more
particularly described as follows:
Commencing at the True-Point-of-Beginning (TPOB), said point being the intersection of the original
located centerline of the Southern Pacific Company's (now Union Pacific Railroad) main track
(Colton to Lorna Linda) with the common lot line of said lots 3 and 4, said common lot line being
the westerly limit of parcel ofland to be described, said point also being 1,251.00 feet southerly,
measured along said common lot line, from the northeast comer of said lot 3; thence North
00027'30" West along said common lot line 43.15 feet to a point in a line that is distant 42.50 feet,
measured at right angles from the original located centerline of the Southem Pacific Company's
(now Union Pacific Railroad); thence South 80057'30" East 54.31 feet to a point that is distant
42.95 feet, measured at right angles from the original located centerline of the Southem Pacific
Company's (now Union Pacific Railroad); thence South 00027'30" East 93.38 feet to a point in a
line that is distant 49.02 feet, measured at right angles from the original located centerline of the
Southem Pacific Company's (now Union Pacific Railroad); thence North 80057'30" West 54.31'
feet to a point in said common lot line; thence North 00027'30" West along said common lot line
50.22 feet to the True-Point-of-Beginning.
Said described parcel contains 5,001 square feet (0.11 acres).
The above-described parcel of land is shown on attached exhibit and was prepared by me or
under my direction in conformance with the Professional Land Surveyors Act.
MOFFATI & NICHOL
Dated March 1,2010
"-
lifijy;/11-i1//
I v I I
Mr. H.R. Neill, P.E., S.E.
/-;;0j-'CIVII.;::',
fig_"y"'" ------::1'"
~' ~6;"\
':d ..--.v,. \
'""'-t \""" .
,'~- I f'""' '.
H. RICH;IRD NEILL ""
*
Associate Vice President
SAN BERNARDINO Parcel DcscriPlion Exh A 1.11 3:!1 O;!-TCE-P:ln:CI-JA,f)o(:
Ro:..;sOO2010..(l3-01
Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
..
.
TEMPORARY CONSTRUCT/ON EASEMENT
LOT 3
BLOCK 65
" ~
o
i"
:;; 0
N Z
-!-INION
S8;Y:09c ~ACIFtc
~ 20 ''F - ~ -
TPOB
NOTE 1
5,001 sqJt
0, 11 acres
NOTeS
I CENTERLINE U.P.R.R. [STABLlSHED @ SPUT OF RAILS
AS SHOWN ON TRACT NO. 1/414 MS 157/41-44
2 AS SHOWN ON TRACT NO. 11414 MB 157/41-44
J. AS $HOI!.N ON PARCEL MAP NO. 7148 MB 135/1-2
AND PARCH MAP NO. 840.1 MB 88/32-33.
* ALL REFERENCE NOTES RECORDED IN RECORDS or
SAN BERNADINO. COUNTY, STA TF: or CALIFORNIA
CITY OF SAN BERNARDINO
PARCEL 3A EXH/B/ T
Updol<d 2010~03-01
LOT 4
,
1~8CLOC:CK 65
HUNTS LANe CWTeRLlNe
AND COMMON LINe -
LOTS 3 & 4 BLOCK 65
,
PARCEL 3A
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-
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-
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,
Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
..
.
HUNTS LANE
PARCEL 4 DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 141-321-02
Parcel 4
All those certain parcel ofland situate, lying and being in Section 27, Township I South, Range 4
West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California,
being portions of Lot 3 and 4, Block 65 of the Rancho San Bernardino, as per map thereof recorded
in Book 7, page 2 of maps in the office of the Recorder of said County, said parcel being more
particularly described as follows:
Commencing at the True-Point-of-Beginning (TPOB), said point being South 80029'20" East 54.38
feet of the intersection of the original located centerline of the Southern Pacific Company's (now
Union Pacific Railroad) main track (Colton to Lorna Linda) with the common lot line of said lots
3 and 4, said intersection point being 1,251.00' feet southerly, measured along said common lot
line, from the northeast comer of said lot 3; thence North 00027'30" West 50.77 feet along a line
that is parallel with said common lot line to a point in a line that is distant 53.56 feet, measured at
right angles from said common lot line; thence South 80029'20" East 20.75 feet to a point in a line
that is parallel with and distant 50.00 feet, measured at right angles from the original located
centerline of the Southern Pacific Company's (now Union Pacific .Railroad); thence South
00027'30" East along said parallel line 203.07 feet to a point in a line that is distant 74.00 feet,
measured at right angles from said common lot line; thence North 80029'20" West 20.75 to a point
in a line that is parallel with and distant 53.56 feet, measured at right angles from said common
lot line; thence North 00027'30" West along said parallel line 152.30 feet to the True-Point-of-
Beginning.
Said described parcel contains 4,151 square feet (0.10 acres).
The above-described parcel of land is shown on attached exhibit and was prepared by me or
under my direction in conformance with the Professional Land Surveyors Act.
MOFFATT & NICHOL
Dated March I, 2010
Associate Vice President
SAN BERNARDINO P3l"Cel Description Exh A 141 J:!I 02-TCE-PllI'Ccl-4.Doc
Rc\'ised2010.03.01
Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
.
.
TEMPORARY CONSTRUCT/ON EASEMENT
LOT 3
BLOCK 65
'" ~
o
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:n ~
N ~
LOT 4
~' BLOCK 65
_________ HUN TS LANE CEN TERLlNE
________ AND COMMON LINE -
LOTS 3 & 4 BLOCK 65
\ 53.56'
0' SI!Q:59 '20 "E
I~-_ 20.75'
- ,
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,
a .
I 1(\ ~
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I 54.38'- j
NOTE 1 \
--!!NtON
- - - _ ~AC/FlC
580'0 . -
,,920"1:-
NOTES
1. CENTeRLINE UPRR. ESTABLISHED @ SPLiT or RAILS
AS SHOWN ON TRACT NO. /1414 MB 157/41-44
2. AS SHOWN ON TRACT NO.. 11414 MB 157/41-44.
3. AS SHOWN ON PARCH MAP NO.. 1148 MB 135/1-2
AND PARCEL MAP NO. 840.1 M8 88/32-33
* ALL REFERENCE NOTES RECORDED IN RECORDS OF
SAN BERNADiNO. COUNTY, STATE OF CALIFORNIA
CITY OF SAN BERNARDINO
PARCEL 4 EXHIBIT
Updot<d2010-0J-Ql
I
,
I
,
I
,
1-----'
'I N8~-:;'O"W
20. 75'
, 53.56' I I
I: 74 00'
""I
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,
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APN 141-321 02
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PARCEL 4
,
-
-
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,
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lOa
,
1"~50'
Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
..
i
HUNTS LANE
PARCEL 5 DESCRIPTION
PERMANENT EASEMENT
APN 164-311-07 & 164-311-25
Parcel 5
All those certain parcel ofland situate, lying and being in Section 27, Township I South, Range 4
West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California,
being portions of Lot 3 and 4, Block 65 of the Rancho San Bernardino, as per map thereof recorded
in Book 7, page 2 of maps in the office of the Recorder of said County, said parcel being more
particularly described as follows:
Commencing at the True-Point-of-Beginning (TPOB), said point being South 00027'30" East 50.22
feet of the intersection of the original located centerline of the Southern Pacific Company's (now
Union Pacific Railroad) main track (Colton to Lorna Linda) with the common lot line of said lots 3
and 4, said common lot line being the easterly limit of parcel of land to be described, said point also
being 1,301.22 feet southerly, measured along said common lot line, from the northeast comer of said
lot 3; thence South 00027'30" East 59.01 feet to a point in a line that is distant 107.58 feet,
measured at right angles from said centerline; thence North 80029'20" West 53.09 feet to a point
in a line that is parallel with and distant 52.29 feet, measured at right angles from said common lot
line; thence North 00027'30" West 58.57 feet to a point in a line that is distant 49.90 feet,
measured at right angles from said centerline; thence South 80057'30" East 53.01 feet to the
True-Point -of-Beginning.
Said described parcel contains 3,074 square feet (0.07 acres).
The above-described parcel of land is shown on attached exhibit and was prepared by me or under
my direction in conformance with the Professional Land Surveyors Act.
MOFFATT &N1CHOL
Dated November 13, 2009
Mr. H.R. Neill, P.E., S.E.
Associate Vice President
!V1Jv /"1, ,",N'l
COLTON Parcel Ocsnipcion E:dl A 164_311_07 & 164.Jll.25-PE-Parcel-5_Doc
Rcvis.."li2009.il-17
Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
..
.
PERMANENT EASEMENT
44.00'
I ______HUNTS LANe CeNTeRLINe
~ AND COMMON LINe -
LOTS 3 & 4 BLOCK 65
782.99
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.
f
,
{c
LOT 4
BLOCK 65
PARca C
LOT 3
BLOCK 65
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APN 764-;-;--07~~ ~-
APN 764-377-25 " NOTE 1
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3,074 sq.ft.
0.07 acres
----
~
~
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NO TeS
N80"29'20'W' .
-
S3, 09'
52.29'
PARCEL 5
1 CENTERLINE UPRR ESTABLlSHE:D @ SPLIT OF RAILS
AS SHOWN ON TRACT NO. 11414 MB 157/41-44.
2. AS SHOWN ON TRACT NO 7442 MB 122/62-65
3. AS SHOWN ON TRACT NO 14158 MB 168/14-16
4. AS SHOI,1/N PER LOT 3 BLOCK 65 MB 7/2. RS 6217
PARCEL C OR 1988-0049085
PARCEL 0 OR 1988-0049085
* ALL REFERENCE NOTES RECOROW IN RECORDS OF
SAN BERNADINO COUNTY, STATE OF CALIFORNIA
C/ TY OF COL TON
PARCEL 5 EXH/B/ T
o
,
25
50
100
,
1"~50'
Updated:l009-1\ 1
Exhibit C.1
Legal Descriptions & Parcel Survey Prints of Crossing Area
..
.
HUNTS LANE
PARCEL 6 DESCRIPTION
PERMANENT EASEMENT
APN 164-311-07 & 164-311-25
Parcel 6
All those certain parcel ofland situate, lying and being in Section 27, Township I South, Range 4
West, San Bemardino Base and Meridian, in the County of San Bernardino, State of California,
being portions of Lot 3 and 4, Block 65 of the Rancho San Bernardino, as per map thereof recorded
in Book 7, page 2 of maps in the office of the Recorder of said County, said parcel being more
particularly described as follows:
Commencing at the True-Point-of-Beginning (TPOB), said point being North 00027'30" West 43.15
feet of the intersection of the original located centerline of the Southern Pacific Company's (now
Union Pacific Railroad) main track (Colton to Lorna Linda) with the common lot line of said lots 3
and 4, said common lot line being the easterly limit of parcel ofland to be described, said point also
being 1,207.85 feet southerly, measured along said common lot line, from the northeast comer of said
lot 3; thence North 80057'30" West 53.01 feet to a point in a line that is distant 52.29 feet, measured
at right angles from said common lot line; thence North 00027'30" West 8.05 feet to a point that is
parallel with and distant 50 feet, measured at right angles from the original located centerline of
the Southern Pacific Company's (now Union Pacific Railroad); thence South 80029'20" East 53.09
feet to a point in a line that is parallel with and distant 50 feet, measured at right angles from the
original located centerline of the Southern Pacific Company's (now Union Pacific Railroad); thence
South 00027'30" East 7.61 feet to the True-Point-of-Beginning.
Said described parcel contains 410 square feet (0.0 I acres).
The above-described parcel of land is shown on attached exhibit and was prepared by me or under
my direction in confonnance with the Professional Land Surveyors Act.
MOFFA IT & NICHOL
1
II
Dated November 13,2009
Mr. H.R. Neill, P.E., S.E.
Associate Vice President
My,n, rtov"1
COLTON Pam:1 Description Exh A 1&-l-~ 11_07 &; 164_3 11.::~.PF.2.P:)m'1.6 Dn<:
Rl.'v!sed 2flO<l-1 1-11
Exhibit C.1
Legal Descriptions & Parcel Survey Prints of Crossing Area
'-
PERMANENT EASEMENT
782.99
J'
PARCEL C
LOT J
BLOCK 65
-
-
-
-
PARCEL D~
NOTE 4 "?
~
'"
- - - ~O?920"r
- _________ _ c.
-
a ~
Ow
cjh
~ 0
"
- - - i!NlON
--
-
-
-
-
-
-
i
NO TES
,
I. CENTERLiNE UPRR ESTABLlSHt:D @ SPLIT OF RAILS
AS SHOM1I/ ON TRACT NO. 1/414 MB 157/41-44
2. AS SHOWN ON TRACT NO. 7442 MB 122/62-65
3. AS SHOWN ON TRACT NO 14158 MB 168/14-16
4. AS SHOWN PER LOT 3 BLOCK 65 MB 7/2. RS 6211
PARCEL C o.R. 1988-0049085
PARCEL D OR 1988-0049085
i
j
"
"
/
.
;
* ALL REFERENCE NOTES R[CORDED IN RECORDS OF
SAN BERNADINO COUNTY, STA T[ OF CALIFORNIA
~
~
~
~
i
~
C/ TY OF COL TON
PARCEL 6 EXH/B/ T
Updoted2 9'\'6
-
44,00'
I
,
.
~ ~
~
ro i'"
N 0
N Z
-
I
,
I
,
-----j
,
I
,
I
,
I
I _____HUNTS LANE CENTERLINE
~ AND COMMON LINE -
LOTS J & 4 BLOCK 65
,
,
~
LOT 4
BLOCK 65
PARCEL 6
;.., '0 -
ro 0 w
~ Ci h
0 0
N N Z
o
,
25
50
100
,
1"~50'
Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
'"
HUNTS LANE
PARCEL 7 DESCRIPTION
AERIAL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
APN 164-311-07 & 164-311-25
Parcel 7
All those certain parcel ofland situate, lying and being in Section 27, Township I South, Range 4
West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California,
being portions of Lot 3 and 4, Block 65 of the Rancho San Bernardino, as per map thereof recorded
in Book 7, page 2 of maps in the office of the Recorder of said County, said parcel being more
particularly described as follows:
Commencing at the True-Point-of-Beginning (TPOB), said point being the intersection of the original
located centerline of the Southern Pacific Company's (now Union Pacific Railroad) main track
(Colton to Lorna Linda) with the common lot line of said lots 3 and 4, said common lot line being
the easterly limit of parcel ofland to be described, said point also being 1,251.00 feet southerly,
measured along said common lot line, from the northeast comer of said lot 3; thence South
00027'30" East along said common lot line 50.22 feet to a point in a line that is distant 49.47 feet,
measured at right angles from the original located centerline of the Southern Paci fic Company's
(now Union Pacific Railroad); thence North 80057'30" West 53.01 feet to a point that is distant
57.68 feet, measured at right angles from the original located centerline of the Southern Pacific
Company's (now Union Pacific Railroad); thence North 00027'30" West 93.38 feet to a point in a
line that is distant 42.07 feet, measured at right angles from the original located centerline of the
Southern Pacific Company's (now Union Pacific Railroad); thence South 80057'30" East 53.01'
feet to a point in said common lot line; thence South 00027'30" East along said common lot line
43.15 feet to the True-Point-of-Beginning.
Said described parcel contains 4,882 square feet (0.11 acres).
The above-described parcel of land is shown on attached exhibit and was prepared by me or under
my direction in conformance with the Professional Land Surveyors Act.
MOFFATT & NICHOL
Dated November 13, 2009
Mr. H.R. Neill, P.E., S.E.
Associate Vice President
l\j vY. I.." 0--<-'1? r
COLTON P~l o..-SCrlplion Ellh A 16.1-311-07 & 164_31 1.::l5-AE&TCE-P:md-1Doc
R<:~'i$ed 2009.11_17
Exhibit C-1
Legai Descriptions & Parcei Survey Prints of Crossing Area
""
AERIAL EASEMENT
782,99
J'
PARCEL C
LOT 3
BLOCK 65
-
-
-
-
PARCEL D~
NOTE 4 :;;
~
---~0?920"r
-__C
-
-
-
-
-
-
- - -I.IIvtON
--
o ~ C,~._
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g gPACIFIC ~
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APN 764-371-07 !:'"> j <0
APN 764-377-25 " ..,
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NO TES
I, CENTERLINE U.P.R.R. ESTABLISHeD @ SPLIT or RAILS
AS SHOI1tN ON TRACT NO. 1/414 MB 157/41-44
2. AS SHOWN ON TRACT NO. 7442 MB 122/62-65.
3. AS SHOWN ON TRACT NO. 14158 M8 168/14- IS
4. AS SHOWN PER LOT 3 BLOCK 65 MB 7/2. RS 6211
PARCEL C OR 1988-0.0.490.85
PARCEL 0 OR. 1988-0.0.490.85.
"
/
.
;
* ALL REFERENCE NOTES RECORDED IN RECORDS OF
SAN StRNAD/NO. COUNTY, STA T[ OF CALiFORNIA
~
/
t
~
t
/
CI TY OF COL TON
PARCEL 7 EXHIBIT
Updoled20091208
44.00'
I _____HUNTS LANE CENTERLINE
r------ AND COMMON LINE -
LOTS 3 & 4 BLOCK 65
,co
Ii::
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80'''"7' llii
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Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
..
.
HUNTS LANE
PARCEL 7A DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 164-311-07 & 164-311-25
Parcel 7 A
All those certain parcel of land situate, lying and being in Section 27, Township I South, Range 4
West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California,
being portions of Lot 3 and 4, Block 65 ofthe Rancho San Bernardino, as per map thereof recorded
in Book 7, page 2 of maps in the office of the Recorder of said County, said parcel being more
particularly described as follows:
Commencing at the True-Point-of-Beginning (TPOB), said point being the intersection of the original
located centerline of the Southern Pacific Company's (now Union Pacific Railroad) main track
(Colton to Lorna Linda) with the common lot line of said lots 3 and 4, said common lot line being
the easterly limit of parcel of land to be described, said point also being 1,251.00 feet southerly,
measured along said common lot line, from the northeast comer of said lot 3; thence South
00027'30" East along said common lot line 50.22 feet to a point in a line that is distant 49.47 feet,
measured at right angles from the original located centerline of the Southern Pacific Company's
(now Union Pacific Railroad); thence North 80057'30" West 53.01 feet to a point that is distant
57.68 feet, measured at right angles from the original located centerline of the Southern Pacific
Company's (now Union Pacific Railroad); thence North 00027'30" West 93.38 feet to a point in a
line that is distant 42.07 feet, measured at right angles from the original located centerline of the
Southern Pacific Company's (now Union Pacific Railroad); thence South 80057'30" East 53.01'
feet to a point in said common lot line; thence South 00027'30" East along said common lot line
43.15 feet to the True-Point-of-Beginning.
Said described parcel contains 4,882 square feet (0.11 acres).
The above-described parcel of land is shown on attached exhibit and was prepared by me or under
mY direction in conformance with the Professional Land Surveyors Act.
MOFFATT & NICHOL
Dated November 13, 2009
I
I
COLTON Parcel Descril'lion ExhA 164_)11_07& 1b4-Jll.2S-TCE.P3red-7ADol::
Rc,.ised:!OO9-12-08
Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
,
TEMPORARY CONSTRUCT/ON EASEMENT
PARCEL C
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AS SHOWN ON TRACT NO. 11414 MB 157/41-44
2. AS SHOWN ON TRACT NO. 7442 MB 122/62-65
3. AS SHOWN ON TRACT NO. 14158 MB 168/14-16
4. AS SHOWN pm LOT 3 BLOCK 65 MB 7/2. RS 6211
PARCEL C OR 1988-0049085
PARCEL 0 OR 1988-0049085
* ALL R[FERENCE NOTES RECORDED IN RECORDS OF
SAN BERNADINO COUNTY, STATE OF CALIFORNIA
CI TY OF COL TON
PARCEL 7 A EXH/B/ T
Upao,.d2009-'2-08
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Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
"'~
HUNTS LANE
PARCEL 8 DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 164-311-07 & 164-311-25
Parcel 8
All those certain parcel ofland situate, lying and being in Section 27, Township 1 South, Range 4
West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California,
being portions of Lot 3 and 4, Block 65 of the Rancho San Bernardino, as per map thereof recorded
in Book 7, page 2 of maps in the office of the Recorder of said County, said parcel being more
particularly described as follows:
Commencing at the True-Point-of-Beginning (TPOB), said point being North 80029'20" West 53.09
feet of the intersection of the original located centerline of the Southern Pacific Company's (now
Union Pacific Railroad) main track (Colton to Lorna Linda) with the common lot line of said lots
3 and 4, said intersection point being 1,251.00 feet southerly, measured along said common lot
line, from the northeast corner of said lot 3; thence South 00027'30" East I 09.23 feet to a point in a
line that is parallel with and distant 107.58 feet, measured at right angles from the original located
centerline of the Southern Pacific Company's (now Union Pacific Railroad); thence North
80029'20" West along said parallel line 32.20 feet to a point in a line that is parallel with and
distant 84.00 feet, measured at right angles from said common lot line; thence North 00027'30"
West 160.00 feet along said parallel line to a point that is parallel with and distant 50.00 feet,
measured at right angles from the original located centerline of the Southern Pacific Company's
(now Union Pacific Railroad); thence South 80029'20" East along said parallel line 32.20 feet to a
point in a line that is parallel with and distant 52.29 feet, measured at right angles from said
common lot line; thence South 00027'30" East 50.77 feet to the True-Point-of-Beginning.
Said described parcel contains 5,074 square feet (0.12 acres).
The above-described parcel of land is shown on attached exhibit and was prepared by me or under
my direction in conformance with the Professional Land Surveyors Act.
MOFFATT & NICHOL
Dated November 13, 2009
r
Mr. H.R. Neill, P.E., S.E.
Associate Vice President
jVv.... I '7, '''--'7) C(
COLTON ParcdDc:scnption Exh i\ 1b4.J1J.07& 164.311-:S-TCE-Parcl::I-8,D~
RC\'lsoo::009.11-17
Exhibit C-1
Legal Descriptions & Parcel Survey Prints of Crossing Area
"
TEMPORARY CONSTRUCTION EASEMENT
44.00'
I ________HUNTS LANe CeNTeRLINe
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LOTS 3 & 4 BLOCK 65
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AS $HOIMV ON TRACT NO. 11414 MB 157/41-44
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2. AS SHOWN ON TRACT NO. 7442 MB 122/62-65.
5. AS SHOWN ON TRACT NO. 14158 MB 168/14-16
4. AS $HOI1tN PER LOT J BLOCK 65 MB 7/2, RS 6271
PARCEL C O.R. 1988-0.0.490.85
PARCEL 0. OR. 1988-0.0.490.85
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* ALL REFERENCE NOTES RECORDED IN RECORDS OF
SAN BERNADINO. COUNTY, STA TE OF CALIFORNIA
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Exhibit C-1
Legal Descriptions & Parcei Survey Prints of Crossing Area
..
-i1tI
TO
Public Highway Overpass ExB 10/06/2010
~n~Standard Form Approved, AVP-Law
BUILDING ANERICfl M
EXHIBIT D
TO PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT
GENERAL TERMS AND CONDITIONS
SECTION 1 - CONDITIONS AND COVENANTS
a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Poiitical
Bodies 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 Poiitical Bodies shall not use or permit use of the Crossing Area for railroad purposes,
or for gas, oil or gasoline pipe iines. Any lines constructed on the Railroad's property by or under authority of the Political
Bodies for the purpose of conveying electric power or communications incidental to the Political Bodies' 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 Political Bodies 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 such manner as not unreasonably to interfere with its use as a public highway. In the event
the Railroad shall place tracks upon the Crossing Area, the Political Bodies shall, at its sole cost and expense, modify the
highway to conform with the rail line.
c) 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 Political Bodies shall not damage, destroy or interfere with the property or
rights of nonparties in, upon or relating to the railroad property, unless the Political Bodies at its own expense settles with
and obtains releases from such non parties.
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; also the right to
cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal,
communication or power lines to any highway facilities located upon the property, provided that such attachments shall
comply with Political Bodies' specifications and will not interfere with the use of the Crossing Area.
e) So far as it lawfully may do so, the Political Bodies 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 highway and its appurtenances, or for the performance of any work in connection with the Project, the Political
Bodies will acquire all such other property and rights at its own expense.
SECTION 2 - CONSTRUCTION OF HIGHWAY
a) The Political Bodies, at its own 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 Political Bodies, at its own expense, will furnish all
necessary labor, material, and equipment, and shall construct and complete the Structure 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 and proper drainage facilities, guardrails or barriers,
and right of way fences between the highway and the railroad tracks. Upon completion of the Project, the Political Bodies
Public Highway Overpass ExD 10/06/2010
Non~Standard Form Approved, AVP~Law
Page 1 of 5
Exhibit D
General Terms & Conditions
BUILDING A.NERICA" _
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.
Public Highway Overpass ExB 10106/2010
~n-Standard Form Approved, AVP-Law
d) All construction work of the Political Bodies upon the Railroad's property (including, but not limited to, construction of
the Structure and all appurtenances and all related and incidental work) shall be performed and completed in a manner
satisfactory to the Vice President-Engineering Services of the Railroad or his authorized representative and in accordance
with detailed plans and specifications prepared by and at the expense of the Political Bodies, and approved in writing by
the Railroad's Vice President-Engineering Services.
e) All construction work of the Political Bodies 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 the Railroad's Vice President-Engineering Services. 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 Political Bodies. The Political Bodies hereby assumes the risk of any such delays and agrees that no
claims for damage on account of any delay shall be made against the Railroad.
f) The Political Bodies shall furnish the Railroad permanent reproducible prints of all design and shop drawings as soon
as possible after approval by the Vice President-Engineering Services of the Railroad or his authorized representative.
Upon completion of construction, the Political Bodies shall furnish the Railroad two sets of "as constructed" prints and, in
addition, upon request of the Vice President-Engineering Services of the Railroad, "as constructed" permanent
reproducible prints of all or any portion of the Structure.
SECTION 3 - INJURY AND DAMAGE TO PROPERTY
If the Political Bodies, in the performance of any work contemplated by this Agreement or by the failure to do or
perform anything for which the Political Bodies are 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 Political Bodies at the Political Bodies' own expense, or by the
Railroad at the expense of the Political Bodies, and to the satisfaction of the Railroad's Vice President-Engineering
Services.
SECTION 4 - 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 Political Bodies 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 Political Bodies shall include the Political Bodies' contractors,
subcontractors, officers, agents and employees, and others acting under its or their authority; and all references in this
Agreement to work of the Political Bodies shall include work both within and outside of railroad property.
b) Compliance With Laws. The Political Bodies shall comply with all applicable federal, state and local laws,
regulations and enactments affecting the work. The Political Bodies shall use only such methods as are consistent with
safety, both as concerns the Political Bodies, the Political Bodies' agents and employees, the officers, agents, employees
and property of the Railroad and the public in general. The Political Bodies (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 Political Bodies 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 Political Bodies shall reimburse and
indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs
and expenses. The Political Bodies 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.
Public Highway Overpass ExD 10/06/2010
Non-Standard Form Approved, AVP-Law
Page 2 of 5
Exhibit D
General Terms & Conditions
Public Highway Overpass ExB 10/06/2010
~n-Standard Form Approved, AVP-Law
BUILDING A.NERIc.t.. a
c) No Interference or Delavs. The Political Bodies shall not do, suffer or permit anything which will or may obstruct,
endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any
communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or
using the Railroad's property or facilities.
d) Supervision. The Political Bodies, at their own expense, shall adequately police and supervise all work to be
performed by the Political Bodies, and shall not inflict injury to persons or damage to property for the safety of whom or of
which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Bodies for safe
conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's
approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at
the work site of the Railroad's representatives, or by compliance by the Political Bodies with any requests or
recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the
Political Bodies will give due consideration to suggestions and recommendations made by such representative for the
safety and protection of the Railroad's property and operations.
e) Suspension of Work. If at any time the Political Bodies' engineers or the Vice President-Engineering Services of the
Railroad or their respective representatives shall be of the opinion that any work of the Political Bodies is being or is about
to be done or prosecuted without due regard and precaution for safety and security, the Political Bodies shall immediately
suspend the work until suitable, adequate and proper protective measures are adopted and provided.
f) Removal of Debris. The Political Bodies shall not cause, suffer or permit material or debris to be deposited or cast
upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly
removed from the Railroad's property by the Political Bodies at the Political Bodies' own expense or by the Railroad at the
expense of the Political Bodies. The Politicai Bodies shall not cause, suffer or permit any snow to be plowed or cast upon
the Railroad's property during snow removal from the Crossing Area.
g) Explosives. The Political Bodies shall not discharge any explosives on or in the vicinity of the Railroad's property
without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole
discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere
with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed
to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of
explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the
facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions
or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole
discretion, may deem to be necessary, desirable or appropriate. In addition to any conditions, restrictions or limitations as
may be specifically imposed:
1) Unless the Railroad's Vice President-Engineering Services agrees otherwise, the Political Bodies shall provide no
less than 48 hours' notice, excluding weekends and holidays, before discharging any explosives.
2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the
same day during daylight hours, and at mutually acceptable times.
3) The Political Bodies, at their own expense, shall take all precautionary measures and construct all temporary
shelters necessary to guard against danger of damage, destruction or interference arising out of or connected with
any blasting or any transportation, handling, storage, security or use of explosives.
4) The Political Bodies shall require explosives to be transported, handled, stored or otherwise secured and used in
a manner satisfactory to the Railroad and in accordance with local, state and Federal laws, rules and regulations,
including, without limitation, United States Department of Labor, Bureau of Labor Standards, Safety and Health
Regulations for Construction, 29 CFR Part 1518, Subpart U -- "Blasting and the Use of Explosives"; and Occupational
Safety and Health Administration Occupational Safety and Health Standards, 29 CFR Part 1910, Subpart H--
"Hazardous Materials".
h) Obstructions to View. Except as otherwise specifically provided herein, the Political Bodies shall not cause or
permit the view along the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor
erect any structures thereon. If public law or regulation requires control or removal of weeds or vegetation on each side of
Public Highway Overpass ExD 10/06/2010
Non-Standard Form Approved, AVP-Law
Page 3 of 5
Exhibit D
General Terms & Conditions
BUILDING A.MERICA. 8
the Crossing Area, the Political Bodies will perform such control or removal work without expense to the Railroad or, if the
Political Bodies may not lawfully perform the control or removal work, reimburse the Railroad for the cost of performing
such control or removal. If the crossing is not equipped with automatic train activated warning devices with gate arms:
Public Highway Overpass ExB 10/06/2010
~n-Standard Form Approved, AVP-Law
1) The Political Bodies shall control or remove weeds and vegetation within and on each side of the Crossing Area
so that the view of approaching motorists to approaching trains is not obstructed by weeds or vegetation; and
2) insofar as it may lawfully do so, the Political Bodies will not permit non-parties to construct sight obstructing
buildings or other permanent structures on property adjacent to the right-of-way.
i) Excavation. The Political Bodies 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 the Railroad. The Political Bodies shall not do or cause to be done any work which will or may
disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Bodies, at its own
expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the
Political Bodies in connection with construction, maintenance or other work. The shoring and cribbing shall be
constructed and maintained with materials and in a manner approved by the Railroad's Vice President-Engineering
Services to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the
Railroad's operations in the vicinity.
j) Drainaae. The Poiitical Bodies, at the Political Bodies' own expense, shall provide and maintain suitable facilities for
draining the highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon
property of the Railroad. The Political Bodies, at the Political Bodies' own expense, shall provide adequate passageway
for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and inciuding water from
the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political
Bodies, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any
part thereof, or property of others. The Political Bodies shall not obstruct or interfere with existing ditches or drainage
facilities.
k) Notice. Before commencing any work, the Political Bodies shall provide at least ten (10) days prior notice (excluding
weekends and holidays) to the Railroad's Manager-Track Maintenance.
I) Fiber ODtic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic
cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption
and loss of revenue and profits. Political Bodies 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, 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 Political
Bodies. If it is, Political Bodies will telephone the telecommunications company(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 5 - OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other
railroad company lawfully using the Railroad's property or facilities.
SECTION 6 - REMEDIES FOR BREACH OR NONUSE
a) If the Political Bodies shali fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in
addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to
place the highway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's
facilities or operations or jeopardize the Railroad's employees; and the Political Bodies will reimburse the Railroad for the
expenses thereof.
b) Nonuse by the Political Bodies of the Crossing Area for public roadway purposes continuing at any time for a period of
eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the
Political Bodies hereunder.
Public Highway Overpass ExD 10/06/2010
Non-Standard Form Approved, AVP-Law
Page 4 of5
Exhibit 0
General Terms & Conditions
Public Highway Overpass ExB 10/06/2010
~n-Standard Form Approved, AVP-Law
BUILDING "NERIc.t.' 8
c) The Political Bodies will surrender peaceable possession of the Crossing Area 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.
SECTION 7 - MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this agreement shall be of any force or effect unless made in writing, signed
by the Political Bodies and the Railroad and specifying with particularity the nature and extent of such waiver, modification
or amendment. Any waiver by the Railroad of any default by the Political Bodies shall not affect or impair any right arising
from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire
understanding between the Political Bodies and the Railroad and cancel and supersede any prior negotiations,
understandings or agreements, whether written or oral, with respect to the work or any part thereof.
SECTION 8 - ASSIGNMENT: SUCCESSORS AND ASSIGNS
This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement
shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns.
Public Highway Overpass ExD 10/06/2010
Non-Standard Form Approved, AVP-Law
Page 5 of 5
Exhibit D
General Terms & Conditions
.
...
Minimum Construction Requirement ExE
Standard Form, Approved AVP-Law 06/15/2006
BUILDING AMERICA. 8
EXHIBIT E
TO PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT
MINIMUM CONSTRUCTION REQUIREMENTS
1.01 DESCRIPTION
This project includes construction work within the right-of-way and/or properties of the Union Pacific Railroad Company
("UPRR") and adjacent to its tracks, wire lines and other facilities. This section describes the minimum special requirements for
coordination with UPRR when work by the Contractor wiil be performed upon, over or under the UPRR right-of-way or may
impact current or future UPRR operations. The Contractor will coordinate with UPRR while performing the work outlined in this
Contract, and shail afford the same cooperation with UPRR as it does with the Agency. Ail submittals and work shail be
completed in accordance with UPRR Guidelines and AREMA recommendations as modified by these minimum special
requirements or as directed in writing by the UPRR Designated Representative.
For purposes of this project, the UPRR Designated Representative shail be the person or persons designated by the UPRR
Manager of Industry and Public Projects to handle specific tasks related to the project.
1.02 DEFINITION OF AGENCY AND CONTRACTOR
As used in these UPRR requirements, the term "Agency" shall mean the Political Body.
As used in these UPRR requirements, the term "Contractor" shail mean the contractor or contractor's hired by the Agency
to perform any project work on any portion of UPRR's property and shail also include the contractor's subcontractor's and the
contractor's and subcontractor's respective officer, agents and employees, and others acting under its or their authority.
1.03 UPRR CONTACTS
The primary UPRR point of contact for this project is:
Freddy Cheung
Senior Manager Industry & Public Projects
Union Pacific Raifroad Company
2015 South Willow Avenue
Bloomington, CA 92316
Phone: 909-879-6264
Fax: 909-879-6289
Cell: 951-334-9110
For UPRR flagging services and track work, contact:
Denny Gallegos
Manager Track Maintenance
Union Pacific Raifroad Company
45050 Pacific Street
Indio, CA 92201
Phone: 9096852154
Fax: 9096852165
1.04 REQUEST FOR INFORMATION I CLARIFICATION
Ail Requests for Information ("RFI") involving work within any UPRR right-of-way shail be in accordance with the procedures
listed elsewhere in these bid documents. Ail RFl's shall be submitted to the Engineer of Record. The Engineer of Record wiil
submit the RFI to the UPRR Designated Representative for review and approval for RFl's corresponding to work within the
UPRR right-of-way. The Contractor shail allow four (4) weeks for the review and approval process by UPRR.
1.05 PLANS I SPECIFICATIONS
The plans and specifications for this project, affecting the UPRR, are subject to the written approval by the UPRR and
changes in the plans may be required after award of the Contract. Such changes are subject to the approval of the Agency and
the UPRR.
Minimum Construction Requirement ExE
Standard Form, Approved AVP-Law 06/15/2006
Page 1 of 6
Exhibit E
Minimum Construction Requirements
Minimum Construction Requirement ExE
Standard Form, Approved AVP.Law 06/15/2006
BUILDING AMERICA' 8tf5
1:bt UTILITIES AND FIBER OPTICS
All installations shall be conslructed in accordance wilh current AREMA recommendations and UPRR specifications and
requirements. UPRR generai guidelines and the required application forms for utility installations can be found on the UPRR
website at uprr.com.
1.07 GENERAL
A. Contractor shall perform all its work in compliance with all applicable UPRR and FRA rules and regulations. Contractor shall
arrange and conduct its work in such manner and at such times as shall not endanger or interfere with the safe operation of the
tracks and property of UPRR and the traffic moving on such tracks, or the wires, signals and other property of UPRR, its tenants
or licensees, at or in the vicinity of the Work. UPRR shall be reimbursed by Contractor or Agency for train delay cost and lost
revenue claims due to any delays or interruption of train operations resulting from Contractor's construction or other activities.
B. Construction activities will be permitted within 12 feet of the operational tracks only if absolutely necessary and UPRR's
Designated Representative grants approval. Construction activities within 12 feet of the operational track(s) must allow the
tracks to stay operational.
C. Track protection is required for all work equipment (including rubber tired equipment) operating within 25 feet from nearest
rail.
D. The Contractor is also advised that new railroad facilities within the project may be built by UPRR and that certain
Contractor's activities cannot proceed until that work is completed. The Contractor shall be aware of the limits of responsibilities
and allow sufficient time in the schedule for that work to be accomplished and shall coordinate its efforts with the UPRR.
1.08 RAILROAD OPERATIONS
A. The Contractor shall be advised that trains and/or equipment are expected on any track, at any time, in either direction.
Contractor shall be familiar with the train schedules in this location and structure its bid assuming intermittent track windows in
this period, as defined in Paragraph B below.
B. All railroad tracks within and adjacent to the Contract Site are active, and rail traffic over these facilities shall be maintained
throughout the Project. Activities may include both through moves and switching moves to local customers. Railroad traffic and
operations will occur continuously throughout the day and night 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 railroad
operations.
C. Work windows for this Contract shall be coordinated with the Agency's and the UPRR's Designated Representatives. Types
of work windows include Conditional Work Windows and Absolute Work Windows, as defined below:
1. Conditional Work Window: A Conditional Work Window is a period of time that railroad operations have priority over
construction activities. When construction activities may occur on and adjacent to the railroad tracks within 25 feet of the
nearest track, a UPRR flag person will be required. At the direction of the UPRR 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, materiais or personnel
within 25 feet, or as directed by the UPRR Designated Representative, from the tracks). Conditional Work Windows are
available for the Project.
2. Absolute Work Window: An Absolute Work Window is a period of time that construction activities are given priority over
railroad operations. During this time frame the designated railroad track(s) will be inactive for train movements and may be
fouled by the Contractor. At the end of an Absolute Work Window the railroad tracks and/or signals must be completely
operational for train operations and all UPRR, Public Utilities Commission (PUC) and Federal Railroad Administration (FRA)
requirements, codes and reguiations for operational tracks must be complied with. In the situation where the operating
tracks and/or signals have been affected, the UPRR will perform inspections of the work prior to placing that track back into
service. UPRR flag persons will be required for construction activities requiring an Absolute Work Window. Absolute Work
Windows will not generally be granted. Any request will require a detailed explanation for UPRR review.
1.09 RIGHT OF ENTRY. ADVANCE NOTICE AND WORK STOPPAGES
A. Prior to beginning any work on or over the property of, or affecting the facilities of, the UPRR, the Contractor shall enter into
an agreement with the UPRR in the form of the "Contractor's Right of Entry Agreement", attached as Exhibit G, or latest version
thereof provided by the UPRR. There is a fee for processing of the agreement. This cost shall be borne by the Contractor.
Contractor shall submit a copy of the executed agreement and the insurance policies, binders, certificates and endorsements set
forth therein to the Agency prior to commencing work on UPRR property. The right of entry agreement shall specify working
time frames, flagging and inspection requirements, and any other items specified by the UPRR.
B. The Contractor shall give the advance notice to the UPRR as required in the "Contractor's Right of Entry Agreement" before
commencing work in connection with construction upon or over UPRR's right-of-way and shall observe UPRR's rules and
regulations with respect thereto.
C. All work upon UPRR's right-of-way shall be done at such times and in such manner as not to interfere with or endanger the
Minimum Construction Requirement ExE
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Exhibit E
Minimum Construction Requirements
Minimum Construction Requirement ExE ..
Standard Form, Approved AVP-Law 06/15/2006 BUILDING AMERICAOIJlliv
op~~ations of UPRR. Whenever work may affect the operations or safety of trains, the method of doing such work shall first be
submitted to UPRR's Designated Representative for approval, but such approval shall not relieve the Contractor from 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 UPRR is availabie at the job site. See Section 3.18 for railroad flagging requirements.
D. The Contractor shall make requests in writing for both Absolute and Conditional Work Windows, at least two weeks in
advance of any work. The written request must include:
1. Exactly what the work entails.
2. The days and hours that work will be performed.
3. The exact location of work, and proximity to the tracks.
4. The type of window requested and the amount of time requested.
5. The designated contact person.
The Contractor shall provide a written confirmation notice to the UPRR at least 48 hours before commencing work in connection
with approved work windows when work will be performed within 25 feet of any track center line. All work shall be performed in
accordance with previously approved work plans.
E. Should a condition arising from, or in connection with the work, require that immediate and unusual provisions be made to
protect operations and property of UPRR, the Contractor shall make such provisions. If in the judgment of UPRR's Designated
Representative such provisions are insufficient, the UPRR's Designated Representative may require or provide such provisions
as deemed necessary. In any event, such provisions shall be at the Contractor's expense and without cost to the UPRR. UPRR
or the Agency shall have the right to order Contractor to temporarily cease operations in the event of an emergency or, if in the
opinion of the UPRR's Designated Representative, the Contractor's operations could endanger UPRR's operations. In the event
such an order is given, Contractor shall immediately notify the Agency of the order.
1.10 INSURANCE
Contractor shall not begin work upon or over UPRR's right-of-way until UPRR has been furnished the insurance policies,
binders, certificates and endorsements required by the "Contractor's Right-of-Entry Agreement" and UPRR's Designated
Representative has advised the Agency that such insurance is in accordance with the Agreement. The required insurance shall
be kept in full force and effect during the performance of work and thereafter until Contractor removes all tools, equipment, and
material from UPRR's property and cleans the premises in a manner reasonably satisfactory to UPRR.
1.11 RAILROAD SAFETY ORIENTATION
All personnel employed by the Contractor and all subcontractors must complete the UPRR course "Orientation for
Contractor's Safety", and be registered prior to working on UPRR property. This orientation is available at
www.contractororientation.com.This course is required to be completed annually.
1.12 COOPERATION
UPRR will cooperate with Contractor so that work may be conducted in an efficient manner, and will cooperate with
Contractor in enabling use of UPRR's right-of-way in performing the work.
1.13 MINIMUM CONSTRUCTION CLEARANCES FOR FALSEWORK AND OTHER TEMPORARY STRUCTURES
The Contractor shail abide by the following minimum temporary clearances during the course of construction:
A. 12' - 0" horizontal from centerline of track
B. 21' - 0" vertically above top of rail.
For construction clearance less than listed above, local Operating Unit review and approval is required.
1.14 APPROVAL OF REDUCED CLEARANCES
A. The minimum track clearances to be maintained by the Contractor during construction are specified in Section 3.07 herein.
B. Any proposed infringement on the specified minimum clearances due to the Contractor's operations shall be submitted to
UPRR's Designated Representative through the Agency at least 30 days in advance of the work and shall not be undertaken
until approved in writing by the UPRR's Designated Representative.
C. No work shall commence until the Contractor receives in writing assurance from UPRR's Designated Representative that
arrangements have been made for fiagging service, as may be necessary and receives permission from UPRR's Designated
Representative to proceed with the work.
Minimum Construction Requirement ExE
Standard Form, Approved AVP-Law 06/15/2006
Page 3 of6
Exhibit E
Minimum Construction Requirements
Minimum Construction Requirement ExE
Standard Form, Approved AVP-Law 06/15/2006
"M,
BUILDING AMERICA' m
1.15 CONSTRUCTION AND AS-BUILT SUBMITTALS
A. Submittals are required for construction materials and procedures as outlined below. The submittals shall include all review
comments from the Agency and the Engineer of Record. All design submittals shall be stamped and signed by a Professional
Engineer registered in the State of California.
B. The tables below provide UPRR's minimum submittal requirements for the construction items noted. Submittal
requirements are in addition to those specified elsewhere in these bid documents. The minimum review times indicated below
represent UPRR's requirements only. The Contractor shall allow additional time for the Agency's review time as stated
elsewhere in these bid documents.
C. Submittals shall be made by the Agency to the UPRR Manager of Industry and Public Projects unless otherwise directed by
the Railroad. Items in Table 1 shall be submitted for both railroad overpass and underpass projects, as applicable. Items in
Table 2 shall be submitted for railroad underpass projects only.
TABLE 1
ITEM DESCRIPTION SETS UPRR's Minimum Review
REOD. Time
1 ShorinQ desiQn and details 4 4 weeks
2 Falsework desiQn and details 4 4 weeks
3 DrainaQe desiQn provisions 4 4 weeks
4 Erection diaQrams and senuence 4 4 weeks
5 Demolition diaQram and senuence 4 4 weeks
Prior to or durina construction of railroad underpass structures. the UPRR reauires the review of drawinas. reports.
test data and material data sheets to determine compliance with the specifications. Product information for items
noted in Table 2 be submitted to UPRR's Desianated Reoresentative throuah the Aaencv for their own review and
aooroval of the material. The sianed submittal and the Aaencv's review comments will be reviewed bv UPRR or their
consultant. If a consultant performs the reviews. the consultant may reolv directly to the Aaencv or its Desianated
Reoresentative after consultation with UPRR. Review of the submittals will not be conducted until after review bv the
Aaencv or its Desianated Reoresentative. Review of the submittal items will reauire a minimum of four 141 weeks after
receiot from the Aaencv.
TABLE 2
ITEM DESCRIPTION SETS NOTES
REOD.
1 Shop drawinqs 4 Steel and Concrete members
2 BearinQs 4 For all structures
3 Concrete Mix Desiqns 4 For all structures
4 Rebar & Strand certifications 4 For suoerstructure on Iv
5 28 dav concrete strenoth 4 For suoerstructure on Iv
Waterproofing material
6 certifications and installation 4 Waterproofing & protective boards
procedure
All fracture critical members & other
7 Structural steel certifications 4 members requiring improved notch
touqhness
All fracture critical members & other
8 Fabrication and Test reports 4 members requiring improved notch
touqhness
9 Welding Procedures and 4 AWS requirements
Welder Certification
Foundation Construction Pile driving, drilled shaft
10 Reports 4 construction, bearing pressure test
reoorts for soread footinQs
Compaction testing reports for Must meet 95% maximum dry
11 backfill at abutments 4 density, Modified Proctor ASTM
D1557
D. As-Built Records shall be submitted to the UPRR within 60 days of completion of the structures. These records shall
consist of the following items:
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Exhibit E
Minimum Construction Requirements
Minimum Construction Requirement ExE
Standard Form, Approved AVP-Law 06/1512006
..
.). OverDass Proiects
1. Electronic files of all structure design drawings with as-constructed modifications shown, in Microstation J or Acrobat
.PDF format.
2. Hard copies of all structure design drawings with as-constructed modifications shown.
BUILDING AMERICA" _
Underpass Proiects
1. Electronic files of all structure design drawings with as-constructed modifications shown, in Microstation SE or Acrobat
.PDF format.
2. Hard copies of all structure design drawings with as-constructed modifications shown.
3. Final approved copies of shop drawings for concrete and steel members.
4. Foundation Construction Reports
5. Compaction testing reports for backfill at abutments
1.16 APPROVAL OF DETAILS
The details of the construction affecting the UPRR tracks and property not already included in the Contract Plans shall be
submitted to UPRR's Designated Representative through the Agency for UPRR's review and written approval before such work
is undertaken. Review and approval of these submittals will require a minimum of four (4) weeks in addition to the Agency's
review time as stated elsewhere in these bid documents.
1.17 MAINTENANCE OF RAILROAD FACILITIES
A. The Contractor shall be required to maintain all ditches and drainage structures free of silt or other obstructions which may
result from Contractor's operations; to promptly repair eroded areas within UPRR's right of way and to repair any other damage
to the property of UPRR, or its tenants.
B. All such maintenance and repair of damages due to the Contractor's operations shall be done at the Contractor's expense.
C. The Contractor must submit a proposed method of erosion control and have the method reviewed by the UPRR prior to
beginning any grading on the Project Site. Erosion control methods must comply with all applicable local, state and federal
regulations.
1.18 SITE INSPECTIONS BY UPRR's DESIGNATED REPRESENTATIVE
A. In addition to the office reviews of construction submittals, site inspections may be performed by UPRR's Designated
Representative at significant points during construction, including the following if applicable:
1. Pre-construction meetings.
2. Pile driving/drilling of caissons or drilled shafts.
3. Reinforcement and concrete placement for railroad bridge substructure and/or superstructure.
4. Erection of precast concrete or steel bridge superstructure.
5. Placement of waterproofing (prior to placing ballast on bridge deck).
6. Completion of the bridge structure.
B. Site inspection is not limited to the milestone events listed above. Site visits to check progress of the work may be
performed at any time throughout the construction as deemed necessary by UPRR.
C. A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and construction
sequence for all work to be performed, shall be provided to the Agency for submittal to UPRR's Designated Representative for
review prior to commencement of work. This schedule shall also include the anticipated dates when the above listed events will
occur. This schedule shall be updated for the above listed events as necessary, but at least monthly so that site visits may be
scheduled.
1.19 UPRR REPRESENTATIVES
A. UPRR representatives, conductors, flag person or watch person will be provided by UPRR at expense of the Agency or
Contractor (as stated elsewhere in these bid documents) to protect UPRR facilities, property and movements of its trains or
engines. In general, UPRR will furnish such personnel or other protective services as follows:
B. When any part of any equipment is standing or being operated within 25 feet, measured horizontally, from centerline of any
track on which trains may operate, or when any object is off the ground and any dimension thereof could extend inside the 25
foot limit, or when any erection or construction activities are in progress within such limits, regardless of elevation above or
below track.
C. For any excavation below elevation of track subgrade if, in the opinion of UPRR's Designated Representative, track or other
UPRR facilities may be subject to settlement or movement.
D. During any clearing, grubbing, excavation or grading in proximity to UPRR facilities, which, in the opinion of UPRR's
Minimum Construction Requirement ExE
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Page 5 of6
Exhibit E
Minimum Construction Requirements
Minimum Construction Requirement ExE
Standard Form, Approved AVP-Law 06/15/2006
BUILDING AMERICA" ~
''t;
De.t:ynated Representative, may endanger UPRR facilities or operations.
E. During any contractor's operations when, in the opinion of UPRR's Designated Representative, UPRR facilities, including,
but not limited to, tracks, buildings, signals, wire lines, or pipe lines, may be endangered.
F. The Contractor shall arrange with the UPRR Designated Representative to provide the adequate number of flag persons to
accompiish the work.
1.20 WALKWAYS REQUIRED
Along the outer side of each exterior track of multiple operated track, and on each side of single operated track, an
unobstructed continuous space suitable for trainman's use in waiking along trains, extending to a line not less than tweive feet
(12') from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments
or obstructions allowed during work hours whiie UPRR's flagman service is provided shall be removed before the close of each
work day. Walkways with railings shall be constructed by Contractor over open excavation areas when in close proximity of
track, and raiiings shall not be closer than 8' - 6" horizontally from center line of tangent track or 9' - 6" horizontal from curved
track.
1.21 COMMUNICATIONS AND SIGNAL LINES
If required, UPRR will rearrange its communications and signal lines, its grade crossing warning devices, train signais and
tracks, and facilities that are in use and maintained by UPRR's forces in connection with its operation at expense of the Agency.
This work by UPRR wiil be done by its own forces and it is not a part of the Work under this Contract.
1.22 TRAFFIC CONTROL
Contractor's operations that control traffic across or around UPRR facilities shail be coordinated with and approved by the
UPRR's Designated Representative.
1.23 CONSTRUCTION EXCAVATIONS
A. The Contractor shail be required to take special precaution and care in connection with excavating and shoring.
Excavations for construction of footings, piers, columns, wails or other facilities that require shoring shail comply with
requirements of OSHA, AREMA and UPRR "Guideiines for Temporary Shoring".
B. The Contractor shail contact UPRR's "Cail Before Your Dig" at least 48 hours prior to commencing work at 1-800-336-9193
during normal business hours (6:30 a.m. to 8:00 p.m. central 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 UPRR property, the Contractor wiil co-ordinate with UPRR and the Telecommunication Company(ies) to
arrange for relocation or other protection of the system prior to beginning any work on or near UPRR property.
1.24 RAILROAD FLAGGING
Performance of any work by the Contractor in which person(s) or equipment wiil 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 within
twenty-five (25) feet of any track, may require railroad flagging services or other protective measures. Contractor shail give the
advance notice to the UPRR as required in the "Contractor's Right of Entry Agreement" before commencing any such work, so
that the UPRR may determine the need for flagging or other protective measures to ensure the safety of the railroad's
operations. Contractor shail comply with ail other requirements regarding flagging services covered by the "Contractor's Right of
Entry Agreement". Any costs associated with failure to abide by these requirements wiil be borne by the Contractor.
The estimated pay rate for each flag person is $1,000.00 per day for an 8 hour work day with time and one-half for
overtime, Saturdays, Sundays; double time and one-half for holidays. Flagging rates are set by the UPRR and are
subject to change.
1.25 CLEANING OF RIGHT-OF-WAY
Contractor shail, upon completion of the work to be performed by Contractor upon the premises, over or beneath the tracks
of UPRR, promptly remove from the right-of-way of UPRR ail of Contractor's tools, implements, and other materials whether
brought upon the right-of-way by Contractor or any subcontractors, employee or agent of Contractor or of any subcontractor,
and leave the right-of-way in a clean and presentable condition to satisfaction of UPRR.
Minimum Construction Requirement ExE
Standard Form, Approved AVP-Law 06/15/2006
Page 6 of 6
Exhibit E
Minimum Construction Requirements
'\
TO PUBLI
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REQUEST TO" T.
THE EXIST .
CROSSING & T
OVERPASS
..
.
REQUEST TO CPUC STAFF FOR AUTHORIZATION TO
ALTER HIGHWAY-RAIL CROSSING
PURSUANT TO GENERAL ORDER 88-B
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1. Date Submitted: September 9, 2009
2.
Applicant Info
Organization Name: San Bernardino Associated Governments (SANBAG)
Contact Person: Mr. Garry Cohoe
Title: Director of Freeway Construction
Street Address: 1170 W. 3ru Street, 2nu Floor
Citv: San Bernardino, CA
Zip: 92410-1715
Phone: (909) 884-8276
Email: "CO hoelalsanba". ca. "ov
ro osed to be altered
PUC Crossin Number:
U.S. DOT Crossin Number:
Street Name:
Cit
Count :
Railroad Res onsible for Crossin :
Other Railroads 0 eratin on Tracks:
00 I B-541.00
747168J
Hunts Lane
Colton/San Bernardino
San Bernardino
Union Pacific Railroad
Amtrak
4. Describe Proposed Alterations (including any temporary reduced clearance
variance requests):
- Remove the existing at-grade crossing and replace with an overhead concrete bridge
structure at proposed grade separation between Hunts Lane and the UPRR railroad
tracks.
- The project location is shown on the Vicinity Map Attachment "I"
- Hunts Lane will be closed during construction to vehicular and pedestrian traffic.
- The completed structure will meet the minimum clearances in accordance with the
provisions of General Order No. 26 D.
- There will be a temporary vertical clearance restriction of21 '6" for falsework
during the overhead construction.
- The Plans for the proposed project are depicted on Attachments 2 & 3.
- The project will eliminate an existing at-grade crossing and is exempt from CEQA
pursuant to PR Code Section 21080.13. In addition a Categorical Exemption has
been prepared and recorded with the County Clerk of San Bernardino County, CA.
The Notice of Exemption is enclosed as Attachment 4.
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
..
,
5. Describe the public beuefits to be achieved by the proposed alterations:
The public interest, safety, and necessity require a grade separation of Hunts Lane and the
UPRR railroad tracks at Crossing 00 IB-541.00, DOT 747168J in the Cities of Colton and
San Bernardino. Hunts Lane functions as a major north-south arterial street extending
from Interstate 10 to East Barton Road. The grade separation project is essential to
providing continuous emergency access and reducing the conIlicts fur public safety.
6. Explain why a separation of grades is not practicable:
It is practical to grade separate Hunts Lane from the railroad track.
7. Describe crossing warning devices
Current:: The current crossin rotection is #8's and Standard No.9 cross' ates
Pro osed: NONE RE UIRED
8. Temporary Traffic Controls - Include a statement of temporary traffic controls to
be provided during constrnction:
Hunts Lane wiII be closed during construction for vehicular and pedestrian traffic.
9. Signature
I, Garry Cohoe, am an employee of San Bernardino Associated Governments (SANBAG)
and authorized to sign this GO 88-B authorization request letter on its behalf.
G Cohoe, Directo
Name and Title
& 7;f" t:>r
Signature and date
2
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
.....
10. Evidence of Agreement:
I, Garry Cohoe, am an employee of San Bernardino Associated Governments (SANBAG)
and authorized to sign this letter of agreement on its behalf, hereby declare that the San
Bernardino Associated Governments (SANBAG) concurs with the proposed project
described above.
G Cohoe, Director of Freewa Construction
Name and Title
CL
7;&; or
Signature
ddate
1170 W. 3<<1 Street, 2nd Floor, San Bernardino, CA 92410-1715
Address
3
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
"
I, Robert Miller, am a representative of the City of Colton and authorized to sign this
letter of agreement on its behalf, hereby declare that the City of Colton concurs with the
proposed project described above.
Robert Miller, Interim City Mana er
Typed Name and Title
650 North La Cadena Drive, Colton, CA 92324
Address
4
wi
'1- i!.- 6
Signature and date
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
.....
I, Robert Eisenbeisz, am an employee ofthe City of San Bernardino and authorized to
sign this letter of request to alter a highway-rail crossing, hereby declare that the City of
San Bernardino concurs with the proposed project described above.
Robert Eisenbeisz, City Engineer
Name and Title
e~.f ,;>?
City of San Bernardino, 300 North "D" Street, San Bernardino, CA 92418-0001
Address
5
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
'\
I,
~. t"
, am an employee of The Union
Pacific Railroad and uthorized to sign this lettcr of agreement on its behalf, hereby
declare that The Union Pacific Railroad concurs with the proposed project described
above.
Typed me and Title
-v:,J~\
f~ e. t-*Jrl
The Union Pacific Railroad, 19100 Slover Avenue, Bloomington, CA 92315
Address
Note; If there are additional interested parties, make additional copies of this page.
6
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
,
Attachments:
1. Vicinity Map - Map ofImmediate Vicinity
2. Roadway Profile - Plans showing the profile of the existing and proposed grade
lines of the track and roadway
3. Bridge General Plan
4. CEQA Notice of Exemption
5. NEPA Categorical Exemption/6004 Categorical Exclusion Determination Form
7
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
..
..
ATTACHMENT 1
VICINITY MAP
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
..
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ATTACHMENT 1
HUNTS LANE/UPRR GRADE SEPARATION
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VICINITY MAP
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
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A TT ACHMENT 2
ROADWAY PROFILE
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
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BRIDGE GENERAL PLAN
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ATTACHMENT 4 AND 5
4. CEQA - NOTICE OF EXEMPTION
5. NEP A - CATEGORICAL EXCLUSION
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
NOTICE OF EXEMPTION
ATTACHMENT 4
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To: 0
Office of planning ~ Research
For U.S. Mail:
P.O. Box 3044
Sacramento, CA 95812-3044
Street Address:
1400 Tenth Street, Rm. 121
Sacramento, CA 95814
From: Public Agency: San Bernardino Associated Governments
Address: 1170 West 3rd Street
San Bernardino. CA 92410-1715
o County Clerk
County of: San Bernardino
Address: 385 North Arrowhead A venue
San Bernardino. CA 92415
CLERK OF THE BOARD
APR 1 1 Z005
COUNTY OF
SAN BERNARDINO
Project Title: Hunts Lane Grade Separation at the Union Pacific Railroad Tracks
Project Location - Specific: Hunts Lane from north of Oliver Holmes Road to south of River wood
Project Location - City: San Bernardino and Colton
Project Location - Connty: San Bernardino
Description of Project: The proposed project is a grade separation on Hunts Lane at the UPRR that would raise Hunts
Lane over the railroad tracks: The overhead would be constructed on essentially the same alignment as existing Hunts
Lane and would have the same capacity. The project also involves local street improvements to accommodate the
elevated roadway.
Name of Person or Agency Carrying Out Project:
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o Categorical Exemption. State type and section number: S<o
lRl Statutory Exemption. State code number: Section 21080.13 -a
Reasons why project is exempt: Statutory Exemptions are defined by Public Resources Code 21080.13 as any,O
railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade Cf)-1
separation. The Hunts Lane Grade Separation project is consistent with the definition of a Statutory Exemption. m
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San Bernardino Associated Governments
Name of Public Agency Approviug Project: City of San Bernardino. City of Colton. and Countv of San Bernardino
Exempt Status: (check one)
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Ministerial (Sec. 21 080(b)(1); 15268);
Declared Emergency (See 21080(b)(3); 1 5269(a)):
Emergency Project (Sec. 21 080(b)( 4); 15269(b)( c));
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Lead Agency
Contact Person: Darren Kettle. Director of Freewav Construction
AreaCoderrelephonelExtension: (909) 884-8276
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a N ice of Exemption been filed by the public agency approving the project? G
Date#-
Yes
GNo
Signature:
Title: E-rUf/five
/Jdt:c f;, I'
lRl Lead Agency
o Signed by Applicant
Date received for filing at OPR:
03/22/06 ((http://sanbagweb/sanbagportal/Documents/04Freeway Construction/Grade SeparationslHunts Lane NOE.doc})
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
ATTACHMENT 5
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CATEGORICAL EXEMPTION/6il04 CATEGORICAL EXCLUSION DETERMINATION FORM
Revised June 7, 2007
SAN BAG
Dist..Co.-Rte. (or Local Agency)
P.MlP.M.
EA (State project)
JCRP01-6053(051) _
Federal-Aid Project No. (Local project)1 Proj. No.
PROJECT DESCRIPTION: (Briefly describe project, purpose,location,lImits, right-of-way requirements. and activities
'Enter project description in this text box. Use Continuation Sheet. if necessary
The proposed project is a grade separation on Hunts Lane at the UPRR that would raise Hunts Lane over the railroad tracks.
The overhead would be constructed on essentially the same alignment as existing Hujnts Lane and would have four vehicle
travel lanes (two fanes in each directiion) and a sidewalk and a Crass 2 (on road, striped) bike lane on each side. The new
overhead capadty will be consistent with existing Hunts Lane. which is four lanes wide.
~~
c_., .CE~, COMPLIANCE (for State Projects only)
~:: 'BasedOn an examination of this proposal, supporting information, and the following statements (See 14 CCR 15300 et seq.):
.. .~ If this project falls within exempt class 3, 4, 5, 6 or 11, it does not Impact an environmental resource of hazardous or
r~;:'::~: ...-- critical concern where designated, precisely mapped and offidally adopted pursuant to law.
~ ~ -= '0- There will not be a significant cumulative effect on this project and successive projects of the same type in the same
- '-/) V' place, over time.
WV1~; r:' There is not a reasonable possibility that the project will have a significant effect on the environment due to unusual
It) .l ... ~ - circumstances.
!~ -= e ~t~ This project does not damage a scenic resource within an officially designated state scenic highway.
::.; -:. r=J This project Is not located on a site included on any list compiled pursuant to Govt. Code 9 65962.5 (~Cortese List").
9;:'; 6 This project does not cause a substantial adverse change in the significance of a historical resource.
--'
CAL TRANS CEQA DETERMINATION
o Exempt by Statute. (PRC 21080[b); 14 CCR 15260 et seq.)
Based on an examination of this proposal, supporting information, and the above statements. the project is:
o Categorically Exempt. Class _. (PRC 21084; 14 CCR 15300 et seq.)
o Categorically Exempt. General Rule exemption. [This project does not fall within an exempt class, but it can be seen with
certainty that there is no possibility that the activity may have a significant effect on the environment (CCR 15061 [b][3])
Signature: Environmental Branch Chief
Date
Signature: Project Man~ger
Date
NEPA COMPLIANCE
In accordance with 23 CFR 771.117, and based on an examination of this proposal and supporting information. the State has
determined that this project:
does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded
from the requirements to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS), and
. has considered unusual circumstances pursuant to 23 CFR 771.117(b)
(httOJIwww.fhwa.dotaov/heo/23cfr771.htm.sec.771.117).
In non-attainment or maintenance areas for Federal air quality standards, it Is determined that this project comes from a currently
conforming Regional TransportatIon Plan and Transportation Improvement Program or is exempt from regional conformity.
CALTRANS NEPA DETERMINATION
The State has been assigned, and hereby certifies that it has carried out, the responsibility to make this determination pursuant
to Chapter 3 of Title 23, United States Code, Section 326 and a Memorandum of Understanding (MOU) dated June 7, 2007,
executed between the FHWA and the State. The State has determined that the project is a Categorical Exclusion under:
23 CFR nl activity (elL-)
23 CFR 771 activity (d)( X.J
Activity _ fisted in the MOU between FHWA and the State
hA-2007
Date
( -- '-J iM
Si nature: pfu'e ana er/DLA En Ineer
C//'I/al
Date'
Briefly list environmental commitments on continuation sheel Reference additional information, as appropriate (e,g, air quality
studies. documentation af exemption from regional conformity, or use of CO Protocol; 3106 commitments; S 4(f); 9 7 results;
Wetlands Finding; Floodplain Finding; additional studies; and design conditfons). Revised June 7, 2007
Page I of4
Exhibit F
Request to CPUC For Road Closure
& Construct New Overpass
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AUTHO .....
CLOSURE OF:
ROAD CROSS . T
LANE OVERPASS
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STATE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION
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ARNOLD SCHWARZENEGGER, Governor
October 14, 2009
. ERNARDINO
SAN B crED GOVTS
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Sacramento. CA95814
File Number: G.09-09-003
Hunts Lane
City of Colton / San Bernardino, San Bernardino County
Garry Cohoe
Director of Freeway Construction
San Bernardino Associated Governments
1170 W. 3cd Street, 2nd Floor
San Bernardino, CA 924] 0-1715
Re: General Order 88-B Request for Authority to Modify the Hunts Lane At-Grade
Highway-Rail Crossing, identified as CPUC Crossing No. OOlB-54I.OO and DOT No.
747168J,within the Cities of Colton and San Bernardino, San Bernardino County.
Dear Mr. Cohoe:
This refers to your letter, dated September 9, 2009 (received on September II, 2009), requesting
authorization, pursuant to Commission General Order (GO) 88-B, to alter the existing at-grade
crossing of Union Pacific Railroad Company's (UPRR) Mainline I railroad tracks at Hunts Lane in
the Cities of Colton and San Bernardino (Cities), San Bernardino County. The Hunts Lane
highway-rail crossing is identified as CPUC Crossing No. 00IB-541.00 and DOT No. 747168J.
Hunts Lane is a major north-south arterial roadway extending from Interstate ] 0 to East Barton
Road. The Hunts Lane crossing is currently a divided roadway with four lanes, two in each
direction, equipped with four Commission Standard 9 (flashing light signal assembly with automatic
gate arm) warning devices. In addition to UPRR freight trains, the National Passenger Railroad
Corporation (Amtrak) operates Amtrak passenger trains over this line.
The San Bernardino Associated Governments (SANBAG) proposes the following alterations:
. During construction, Hunts lane will be closed to all vehicular and pedestrian traffic, and
Remove the existing at-grade crossing including removal of the Commission Standard 9
warning devices; and
. Construct a grade-separated overhead concrete bridge structure, crossing UPRR railroad
tracks
Commission General Order (GO) 26-0, Section 2. I, requires a minimum vertical clcarance of 22
feet 6 inches from the top of rail to the bottom of the overhead structure; the SANBAG request
indicates during the construction, the temporary clearance will be 2 I feet 6 inches. The permanent
Exhibit F-1
Authorization by CPUC For Road Closure
& Construct New Overpass
, Garry Cohoe
San Bernardino Associated Governments
October 14, 2009
Page 2 00
vertical clearance will be 23 feet 3 inches. Therefore, SANBAG requests a temporary deviation
from the vertical clearance requirements of GO 26-D.
The Commission's Rail Crossings Engineering Section (RCES) investigated the request by
SANBAG, and finds it adequately addresses compliance and safety. As SANBAG, the Cities and
UPRR are in agreement as to the design and apportionments of the cost under the provisions of GO
88-B, you may proceed with the alteration as described in your September 9, 2009 letter and
summarized above.
Temporary traffic controls shall be provided in compliance with Section 8A.05, Temporary Traffic
Control Zones, of the California Manual on Uniform Traffic Control Devices (CA MUTCD),
published by the California Department of Transportation.
All parties shall comply with all applicable rules, including Commission General Orders and the
California Manual on Uniform Traffic Control Devices published by the California Department of
Transportation.
Pursuant to Commission Resolution SX-76 and Section 16.2 of General Order (GO) 26-D,
SANBAG is granted a temporary deviation from GO 26-D, Section 2.1 and is authorized a
temporary vertical clearance of not less than 21 feet 6 inches from the top of rail, during the
temporary construction period for the structure.
The following requirements shall apply to the temporary deviation to GO 26-D, Section 2.1:
I. SANBAG shall notifY UPRR and the Los Angeles office of the Commission's Consumer
Protection and Safety Division - Rail Operations Safety Branch (ROSB) and Rail Crossings
Engineering Section at least 15 days but not more than 30 days in advance of the date when
SANBAG will create the temporary reduced vertical clearance. For the CPUC, this notification
may be submitted electronically to rces(a)cPuc.ca.gov.
2. UPRR shall issue instructions to all individuals responsible for operation of trains over these
tracks of the temporary reduced vertical clearance of 21 feet 6 inches, and shall submit the
instructions in advance of the date when the SANBAG will create the temporary reduced
vertical clearance to the Los Angeles office of ROSB and RCES. This notification may be
submitted electronically to rces(a)cPuc.ca.gov .
This project is statutorily exempt from the requirements of the California Environment Quality Act
of 1970, as amended. [California Public Resources Code 21080.13].
This authorization shall expire if the above conditions are not complied with or if the work is not
completed within three years of the date of this letter. Upon written request to this office, the time
to complete the project may be extended. Any written request for a time extension must include
concurrence letters by involved parties in support of the time extension. If an extension is
requested, RCES may reevaluate the crossing prior to granting an extension.
Exhibit F-1
Authorization by CPUC For Road Closure
& Construct New Overpass
" Garry Cohoe
San Bernardino Associated Govemments
October 14, 2009
Page 3 of3
Within 30 days after completion of this project, the SAN BAG shall notify RCES that the authorized
work is completed, by submitting a completed Commission Standard Form G titled Report of
Changes at Highway Grade Crossings and Separations. Form G requirements and forms can be
obtained at the CPUC web site Form G page at http://www.cpuc.ca.gov/formg.This report may be
submitted electronically to rcesrQ)cPuc.ca.gov as outlined on the web page.
If you have any questions, please contact Bill Lay at 2 I 3-576- 1399 or bll@cpuc.ca.gov.
Sincerely,
~~~
Daren Gilbert, Supervisor
Rail Crossings Engineering Section
Consumer Protection and Safety Division
C:
Freddy Cheung
Union Pacific Railroad Company
19100 Slover A venue
Bloomington, CA 92316
Harry Steelman
Amtrak Engineering
810 N. Alameda Street 3'" Floor
Los Angeles, CA 90012
Robert Miller
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Robert Eisenbeisz
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Rick Gallant
Manager
ROSB, CPUC
320 W. 4" Street
Los Angeles, CA 90013
Exhibit F-1
Authorization by CPUC For Road Closure
& Construct New Overpass
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July 6, 2010
UPRR Folder No.: 2583-94
To the Contractor:
Before Union Pacific Railroad Company can permit you to perform work on its property for the
construction of the new Hunts Lane Overpass grade separated public road crossing, it will be necessary for
you to complete and execute two originals ofthe enclosed Coniractor 's Rii!.ht of Entrv Ai!.reement. Please:
1. Fill in the complete legal name ofthe contractor in the space provided on Page 1 of the Contractor's
Right of Entry Agreement. If a corporation, give the state of incorporation. If a partnership, give the
names of all partners.
2. Fill in the date construction will begin and be completed in Article 5, Paragraph A.
3. Fill in the name of the contractor in the space provided in the signature block at the end of the
Contractor's Right of Entry Agreement. If the contractor is a corporation, the person signing on its
behalf must be an elected corporate officer.
4. Execute and return all copies of the Contractor's Right of Entry Agreement together with your
Certificate of Insurance as required in Exhibit B, in the attached, self-addressed envelope.
5. Include a check made payable to the Union Pacific Railroad Company in the amount of$500.00. If
you require formal billing, you may consider this letter as a formal bill. In compliance with the
Internal Revenue Services' new policy regarding their Form 1099, I certifY that 94-6001323 is the
Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad
Company is doing business as a corporation.
Under Exhibit B of the enclosed Contractor's Right of Entry Agreement, you are required to procure
Railroad Protective Liability Insurance (RPLI) for the duration of this project. As a service to you, Union
Pacific is making this coverage available to you. If you decide that acquiring this coverage from the Railroad
is of benefit to you, please contact Mr. Bill Smith of Marsh USA @ 800-729-7001, e-mail:
william.;. smith@marsh.com.
This agreement will not be accepted by the Railroad Company until you have returned all of the
following to the undersigned at Union Pacific Railroad Company:
1. Executed, unaltered duplicate original counterparts of the Contractor's Right of Entry Agreement;
2. Your check in the amount of $500.00 to pay the required balance due ofthe required Contractor's
Right of Entry fee. (The Folder Number and the name "Paul G. Farrell" should be written on the
check to insure proper credit). If you require formal billing, you may consider this letter as a formal
bill;
Real Estate Department
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street, MS 1690
Omaha, Nebraska 68179-1690
fax: 402.501.0340
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3.
Copies of all of your uo-to-date General Liability, Auto Liability & Workman's Compensation
Insurance Certificates (yours and all contractors;, naming Union Pacific Railroad Company as
additional insured;
Copy of your up-to-date Railroad Protective Liability Insurance Certificate (yours and all
contractors;, naming Union Pacific Railroad Company as additional insured.
4.
RETURN ALL OF THESE REQUIRED ITEMS TOGETHER IN ONE ENVELOPE.
DO NOT MAIL ANY ITEM SEPARATELY.
If you have any questions concerning this agreement, please contact me as noted below. Have a safe
day!
Sincerely,
'PaJ. 9. *;M'Idt
PAULG. FARRELL
Senior Manager Contracts
Phone: (402) 544-8620
e-mail: ozfarrell(ij)uo.coll1
Real Estate Department
UNION PACIFIC RAILROAD COMPANY
1400 Douglas Street. MS 1690
Omaha, Nebraska 68179-1690
fax: 402.501.0340
Contractor's ROE 06/01/10
Standard Form Approved, AVP-Law
BUILDING AMERICA' m
UPRR Folder No.: 2583-94
UPRR Audit No.
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
, 20 , by and between UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation ("Railroad"); and
a
(Name of Contractor)
corporation ("Contractor").
(State of Incorporation)
RECITALS:
Contractor has been hired by San Bernardino Associated Governments ("Public Body") to
perform work relating to construction of the new Hunts Lane Overpass grade separated public road
crossing (the "work"), with all or a portion of such work to be performed on property of Railroad in
the vicinity of Railroad's Mile Post 541.00 on the Railroad's Yuma Subdivision located at or near
Colton/San Bernardino, San Bernardino County, California, as such location is in the general
location shown on the Railroad Location Print marked Exhibit A, and as specified on the Detailed
Prints collectively marked Exhibit A-I, each attached hereto and hereby made a part hereof, which
work is the subject of a contract dated between the Railroad and the
Public Body. (Date of Contract)
Railroad is willing to permit Contractor to perform the work described above at the location
described above subject to the terms and conditions contained in this Agreement
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as
follows:
ARTICLE I -
DEFINITION OF CONTRACTOR.
For purposes ofthis Agreement, all references in this agreement to Contractor shall include
Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its
or their authority.
ARTICLE 2 -
RIGHT GRANTED; PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon
and subject to each and all ofthe terms, provisions and conditions herein contained, to enter upon
and have ingress to and egress from the property described in the Recitals for the purpose of
Contractor's ROE 06/01110
Standard Form Approved, AVP-Law
Page 1 of 4
Exhibit D
Contractor's Right of Entry Agreement
Contractor's ROE 06/01/10
Standard Form Approved, AVP-Law
BUILDING AMERICA" m
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performing the work described in the Recitals above. The right herein granted to Contractor is
limited to those portions of Railroad's property specifically described herein, or as designated by the
Railroad Representative named in Article 4.
ARTICLE 3 -
TERMS AND CONDITIONS CONTAINED IN EXIllBITS B. C AND D.
The General Terms and Conditions contained in Exhibit B, the Insurance Requirements
contained in Exhibit C and the Minimum Safety Requirements contained in Exhibit D, attached
hereto, are hereby made a part of this Agreement.
ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD
REPRESENT A TIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed by
Contractor, or any costs or expenses incurred by Railroad relating to this Agreement.
B. Contractor shall coordinate all of its work with the following Railroad representative or his or her
duly authorized representative (the "Railroad Representative"):
Denny Gallegos
Manager Track Maintenance
Union Pacific Railroad Company
45050 Pacific Street
Indio, CA 92201
Phone: 909-685-2154
Fax: 909-685-2165
ARTICLE 4 -
C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by
Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7
of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and
supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's
approval of plans and specifications involving the work, or by Railroad's collaboration in
performance of any work, or by the presence at the work site of a Railroad Representative, or by
compliance by Contractor with any requests or recommendations made by Railroad
Representative.
ARTICLE 5 -
SCHEDULE OF WORK ON A MONTHLY BASIS.
The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work
to the Railroad Representative named in Article 4B above. The reports shall start at the execution of
this Agreement and continue until this Agreement is terminated as provided in this Agreement or
until the Contractor has completed all work on Railroad's property.
ARTICLE 6 TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and
continue until , unless sooner terminated as herein provided, or
(Expiration Date)
Contractor's ROE 06/01/10
Standard Form Approved, AVP-Law
Page 2 of 4
Exhibit 0
Contractor's Right of Entry Agreement
Contractor's ROE 06/01/10
Standard Form Approved, AVP-Law
BUILDING AMERICA' m
..
,
at such time as Contractor has completed its work on Railroad's property, whichever is earlier.
Contractor agrees to notifY the Railroad Representative in writing when it has completed its work
on Railroad's property.
B. This Agreement may be terminated by either party on ten (10) days written notice to the other
party.
ARTICLE 7 CERTIFICATE OF INSURANCE.
A. Before commencing any work, Contractor will provide Railroad with the (i) insurance binders,
policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the
insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit
B of this Agreement.
B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to:
Union Pacific Railroad Company
1400 Douglas Street, MS 1690
Omaha, Nebraska 68179-1690
Attn: Senior Manager Contracts
UPRR Folder No. 2583-94
ARTICLE 8
DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad's property any employee of
Contractor who fails to conform to the instructions of the Railroad Representative in connection with
the work on Railroad's property, and any right of Contractor shall be suspended until such removal
has occurred. Contractor shall indemnifY Railroad against any claims arising from the removal of
any such employee from Railroad's property.
ARTICLE 9
ADMINISTRATIVE FEE.
Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad FIVE
lillNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling
expenses in connection with the processing of this Agreement.
ARTICLE 10
CROSSINGS.
No additional vehicular crossings (including temporary haul roads) or pedestrian crossings
over Railroad's trackage shall be installed or used by Contractor without the prior written permission
of Railroad.
ARTICLE 11
EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored on Railroad's property
without the prior written approval of Railroad.
Contractor's ROE 06/01/10
Standard Form Approved, AVP-Law
Page 3 of4
Exhibit 0
Contractor's Right of Entry Agreement
Contractor's ROE 06/01/10
Standard Form Approved, AVP~Law
BUILDING AMERICA' m
,
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in
duplicate as of the date first herein written,
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By:
PAUL G. FARRELL
Senior Manager Contracts
(Name of Contractor)
By
Title
Contractor's ROE 06/01/10
Standard Form Approved, AVP-Law
Page4014
Exhibit D
Contractor's Right 01 Entry Agreement
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RAILROAD LOCATION PRINT
ACCOMPANYING A
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
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RR MP 541.00 - Yuma Subdivision ,~~; ", ' EW, BtVD
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Construction Project I
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RAILROAD WORK TO BE PERFORMED:
I, Relocate and bury existing overhead signal lines and poles; and
other signal materials.
2, Flagging & Inspection,
EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
YUMA SUBDIVISION
MILE POST 541,00
GPS, N 340 03.5813', W I 170 17,2481'
near COLTON, SAN BERNARDINO CO" CA
To accompany Contractor's Right of Entry Agreement with
(Name of Contractor)
for a new grade separated public road crossing construction project.
Foider No, 2583,94
Date: September 21, 2010
WARNING
IN ALL OCCASIONS, V,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
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Contractor's ROE ExB 06/01/10
Standard Form Approved, AVP-Law
.
BUILDING AMERICA' m
.
EXHIBIT B
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
TERMS AND CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor
commencing its work and at least thirty (30) working days in advance of proposed performance of any work by Contractor
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 Contractor whether a flagman need be present and whether Contractor
needs to implement any special protective or safety measures. If flagging or other special protective or safety measures
are performed by Raiiroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a
federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local
governmentai entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days
of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are
performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in
this Agreement.
B. 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 reguiariy 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 unempioyment 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, Contractor (or the governmental
entity, as applicable) shall pay on the basis of the new rates and charges.
C. 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 ofthe day during which the flagman is engaged in other Railroad work. Reimbursementwill 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 Contractor 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, Contractor 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, Contractor 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.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Raiiroad to use
and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate,
change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and
other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or
times by Railroad without liability to Contractor or to any other party for compensation or damages.
Contractor's ROE ExB 06/01/10
Standard Form Approved, AVP-Law
Page 1 of 4
Exhibit B
General Terms and Conditions
Contractor's ROE ExB 06/01/10
Standard Form Approved, AVP-Law
BUILDING AMERICA' m
-
"
B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of
Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of
title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the
railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or
others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be
done by Contractor at any time that would in any manner impair the safety of such operations. When not in use,
Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and
there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor
caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have
no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with
those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train
movements and other activities by Railroad takes precedence over any work to be performed by Contractor.
Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor.
Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or
enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad
from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or
growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be
released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme
importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits.
Contractor shall telephone 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, 7-day number for emergency calls) to determine if fiber optic
cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the
telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or
other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if
applicable) has been accomplished.
B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless
from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and
expenses) arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1)
any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of
any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees,
on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for
alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using
Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property.
Section 6. PERMITS - COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall
comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without
limitation, all applicable Federal Railroad Administration regulations.
Section 7. SAFETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work
performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations
and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in
Contractor's ROE ExB 06/01/10
Standard Form Approved, AVP-Law
Page 2 of4
Exhibit B
General Terms and Conditions
Contractor's ROE ExB 06101/10
Standard Form Approved, AVP-Law
..
BUILDING AMERICA' m
Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of
Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety
standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees
before they enter the job site.
S. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health
hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to
any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health
Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the
job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their
possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
ID. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the
work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any
deficiencies in the Safety Pian. The terms of this Agreement shall control if there are any inconsistencies between this
Agreement and the Safety Plan.
Section 8. INDEMNITY.
A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its
affiliates, and its and their officers, agents and employees (individually an "Indemnified Party" or collectively "Indemnified
Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without
limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any
person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any
Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or
omission of Contractor, its officers, agents or employees, or (iii) any breach of this Agreement by Contractor.
S. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall
apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole
active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole
active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party.
C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by
Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial
insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was
mutually negotiated by the parties hereto.
D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers'
Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability
against any Indemnified Party.
E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or
expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit
any liability Contractor may have to any Indemnified Party by statute or under common law.
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any ofthe
other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as
soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same
were in before such fence was taken down or such other property was moved or disturbed, Contractor shall remove all of
Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work,
restoring Railroad's property to the same state and condition as when Contractor entered thereon,
Contractor's ROE ExB 06/01110
Standard Form Approved, AVP-Law
Page 3 of 4
Exhibit B
General Terms and Conditions
Contractor's ROE ExB 06/01/10
Standard Form Approved, AVP-Law
BUILDING AMERICA' m
..
~
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed
and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach
or default.
Section 11.MODIFICATION - ENTIRE AGREEMENT.
No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This
Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor
and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with
respect to the work to be performed by Contractor.
Section 12.ASSIGNMENT - SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the
Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any
work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the
Contractor as "Additional I nsured" in the subcontractor's Commercial General Liability policy and Business Automobile policies
with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing
these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent
coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability
Railroads" ISO Form CG 24171001 (or a substitute form providing equivalent coverage) for the job site; and (3) require each
of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With
Railroads" ISO Form CA 20 701001 (or a substitute form providing equivalent coverage) for the job site.
Contractor's ROE ExB 06/01/10
Standard Form Approved, AVP-Law
Page 4 of4
Exhibit B
General Terms and Conditions
Contractor's ROE ExC 06/01110
Standard Form Approved, AVP-Law
BUILDING AMERICA' m
..
EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
INSURANCE REQUIREMENTS
Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project
work on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's
property and has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each
occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form
CG 00 01 1204 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
o Contractual Liability Railroads ISO form CG 24 17 1001 (or a substitute form providing equivalent coverage)
showing "Union Pacific Railroad Company Property" as the Designated Job Site.
o Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form
providing equivalent coverage) showing the project on the form schedule.
B. Business Automobile Coveraae insurance. Business auto coverage written on ISO form CA 00 01 1001 (or a substitute
form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and
coverage must include liability arising out of any auto (including owned, hired and non-owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
o Coverage For Certain Operations In Connection With Railroads ISO form CA 20701001 (or a substitute form
providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site.
o Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.
C. Workers' Compensation and Emplovers' Liabilitv insurance. Coverage must include but not be limited to:
o Contractor's statutory liability under the workers' compensation laws of the state where the work is being
performed.
o Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000
each employee.
If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided.
Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and II
Outer Continental Shelf Land Act, if applicable.
The policy must contain the following endorsement, which must be stated on the certificate of insurance:
o Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage)
showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage).
D. Railroad Protective Liabilitv insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written
on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as
named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of
"JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all
WORK or OPERATIONS performed under this Agreement. Contractor shall provide this Agreement to Contractor's
insurance agent(s) and/or broker(s) and Contractor shall instruction such agent(s) and/or broker(s) to procure the
insurance coverage required by this Agreement. A BINDER OF INSURANCE STATING THE POLICY IS IN PLACE MUST
BE SUBMITTED TO RAILROAD BEFORE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS
FORWARDED TO UNION PACIFIC RAILROAD.
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must "follow form" and
afford no less coverage than the primary policy.
Contractor's ROE ExC 06/01/10
Standard Form Approved, AVP-Law
Page 1 of 2
Exhibit C
Insurance Requirements
Contractor's ROE ExC 06/01/10
Standard Form Approved, AVP-Law
BUILDING AMERICA' m
F. Pollution Liabilitv insurance. Pollution Liability coverage must be included when the scope of the work as defined in the
Agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land,
the atmosphere, or any watercourses; or may cause bodily injury at any time.
If required, coverage may be provided in a separate policy form or by endorsement to Contractors CGL or RPL. In an form
coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liabiiity Extension Endorsement" or
CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of
$10,000,000.
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from
the job site, Contractor must furnish to Railroad evidence of pollution iegalliability insurance maintained by the disposal site
operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of
$1,000,000 per loss, and an annual aggregate of $2,000,000.
OTHER REQUIREMENTS
G. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional
Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent
coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional
I nsured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active
or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the
law governing this Agreement prohibits all punitive damages that might arise under this Agreement.
I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad
and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance.
J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly
authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's
Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being
performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or
diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement.
Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required
insurance coverage.
Contractor's ROE ExC 06/01/10
Standard Form Approved, AVP-Law
Page 2 of 2
Exhibit C
Insurance Requirements
Contractor's ROE ExD 06/01/10
Standard Form Approved, AVP-Law
BUILDING AMERICA' m
EXHIBIT D
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or
agent of Contractor.
I. Clothing
A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with
their vision, hearing, or free use of their hands or feet.
Specifically, Contractor's employees must wear:
(i) Waist-length shirts with sleeves.
(ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent
catching.
(IIi) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear
safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear
requirements.
B. Employees shall not wear boots (other than work boots), sandais, canvas-type shoes, or other shoes that have thin soles
or heels that are higher than normal.
C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working
on machinery.
II. Personal Protective Equipment
Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or
recommended or requested by the Railroad Representative.
(i) Hard hat that meets the American National Standard (ANSI) Z89.1 -latest revision. Hard hats should be affixed
with Contractor's company logo or name.
(II) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face
protection, Z87.1 -latest revision. Additional eye protection must be provided to meet specific job situations such as
welding, grinding, etc.
(iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on
the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:
. 100 feet of a locomotive or roadway/work equipment
. 15 feet of power operated tools
. 150 feet of jet blowers or pile drivers
. 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection - plugs and muffs)
(iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields,
must be worn as recommended or requested by the Railroad Representative.
III. On Track Safety
Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations
_ 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are
responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker
Protection regulations, all employees must:
(i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize
movements.
Contractor's ROE ExD 06/01/10
Standard Form Approved, AVP-Law
Page 1 of 2
Exhibit 0
Minimum Safety Requirements
Contractor's ROE ExD 06/01110
Standard Form Approved, AVP-Law
BUILDING AMERICA' m
(ii) Wear an orange, reflectorized workwear approved by the Railroad Representative.
(iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed.
Contractor must take special note of limits of track authority, which tracks mayor may not be fouled, and clearing the
track. Contractor will also receive special instructions relating to the work zone around machines and minimum
distances between machines while working or traveling.
IV. Equipment
A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the
Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from
Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and
competent in the safe operation of the equipment. In addition, operators must be:
. Familiar and comply with Railroad's rules on lockoulltagout of equipment.
. Trained in and comply with the applicable operating rules if operating any hy-rail equipment on-track.
. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or
any other railbound equipment.
B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device.
C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25)
feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the
equipment against movement.
D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the
minimum clearances to overhead powerlines.
V. General Safety Requirements
A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations.
B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad
Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including
On-Track Safely) and the potential hazards of the job. If any employee has any questions or concerns about the work, the
employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions,
work procedures, or personnel change.
C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad
Administration's Track Safety Standards 49CFR213.
D. All employees comply with the following safety procedures when working around any railroad track:
(i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any
time, in either direction.
(ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
(iii) I n passing around the ends of standing cars, engines, roadway machines or work equipment, leave alleast20 feet
between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than
one car length (50 feet).
(iv) Avoid walking or standing on a track unless so authorized by the employee in charge.
(v) Before stepping over or crossing tracks, look in both directions first.
(vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when
track and equipment have been protected against movement.
E. All employees must comply with all federal and state regulations concerning workplace safety.
Contractor's ROE ExD 06/01/10
Standard Form Approved, AVP-Law
Page 2 of 2
Exhibit D
Minimum Safety Requirements
"-
TO
.".
DATE I 2011-01-21
ESXUlATE OF J.lATERIAL AND FORCE ACCOUnT I',URK
BY THE
UNION PACIFIC RAILROAD
THIS ESTUlATE GOOD FOR 6 J.:ONTHS EXPIRATION OATS IS
12011-07-22
DESCRIPTION or ~~RK:
RELOCATE EXI$TlNO QVERllBAD SIGNAL LlNES lUlD POLES
TO UNDEROROUND m CONJUHCTION I-IITH HUNTS LAllB
OAADE SEPARATION "''1' r
SAN BERNARDlNO. CA. HUNTS LANE"! r~PS41.00
(IN THE YlJ?1A SUBDIVISIOJI
NORK '10 BE PBRFDW>lED BY RAILROAD WITJ{ EXPENSE AS BELOW:
SIGllALj'IRACK - lOChr. - 100%
ESTI~~TED USING STANDARD ADOIT~VBS 181,52\/237.34%
PIOl 1>7352
SERVICB UNIT; 20
AWOI 027%
CI'!'Y, COI/iON 'JONER
~lP,SUBDIVI 54.1.00, YIDlA
STATf::1 CA
DESCRIPTION"
QTY mUT LABOR HATERlAL RECOLL
UI'RR
TOrAL
----------- ----- --.-.---
EKGIllEBRINO ~X>RK
ENGINEERING
SIG-H~1Y XNG
~OR ADDITIVE 187.52l
TOTAL ~GIN&ERlh~
1600 1600 1600
4820 4820 4820
12038 12038 12038
18458 18458 18<158
26537 12640 H177 351177
6-634 6G34 66.)4
15000 15000 J.5000
1235 1235 1235
22614 2261.4 22HIJ.
SOS 50S 50S
62203 62203 62203
1 1 1
'35374 51935 147369 141363
29S11 :2991 2991
4558 4558 4556
1549 7549- 15H
121')81 51995
173376-
173)7(;
SI0I1Al..r I\'ORK
SIGNAL w/c 34004
SIGNAL life 34001
PERSONAL BXPENSES
TRANSP/IB/OB!RCLW OONTR
CONTINORNCY
SALES TAX
LABOR ADDITIVE 181,52~
ENVIRONMEtlTAL-PB~1ITS
TOTAL SIONI\L
TMCK &. SUR rAce tIORK
RDXINO
LABOR ADDITIVE 237.34\
tOTM TRACK &. SURFACE:
LABOR/MA7ERI~ EXPENSE
REOOLLB0fI9LB/UPRR ~XPENSE
BSXHIATBD PROJECT COST
THt; .i\1l0VE J;'lOURES ARE ESTH-lATHS ONLY AND SUBJECT TO FLUCTUATION, IN THE EVENT OF
AN :mCREASE OR DECRBASE III THg COST OR QUANTIT'i OP HA'i'gRIAL OR UtBOR REQUIRED,
UPRR WILL BILL FOR ACTU1\!., C021S'rRUCrION COSTS 1\'1' 71{~ CURRENT EPFE0rlVE RATE.
Ex ibi H
Railroad's Signal Material E lim Ie
"-
"
EMENT
.," .,
:!~INSPECTION ESTrMA TE
,;.,'" ','e'_ "-~',,-'_> -, "':'::J."'/':~'!""'-)':_>'~'-("
,.,>'- --
,.-, ,
BUILDING AMERICA' ~
..
'.
EXHIBIT H-1
RAILROAD FLAGGING & INSPECTION ESTIMATE
TO PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT
DESCRIPTION OF WORK:
Perform flagging and inspection services for the San Bernardino Associated Governments, the City of
Colton and the City of San Bernardino for the construction of the new Hunts Lane Overpass grade
separated public road crossing, (USDOT #747-168J), at Railroad Mile Post 541.00 on the Yuma
Subdivision in Colton/San Bernardino, San Bernardino County, California.
LOCATION: Colton/San Bernardino, San Bernardino County, California DATE:
January 24, 2011
DESCRIPTION
LABOR
MATERIAL
AUTHORITY TOTAL
FLAGGING
(at $1 ,OOO/day)
X 180 days
$180,000.00
$180,000.00
INSPECTION
$50,000.00
$50,000.00
TOTAL PROJECT
$230,000.00
$230,000.00
TOTAL ESTIMATED COST OF PROJECT LESS CREDITS
$230,000.00
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT
OF AN INCREASE OR DECREASE IN THE COST OF AMOUNT OF MATERIAL OR LABOR
REQUIRED, THE AUTHORITY WILL BE BILLED FOR ACTUAL COST AT THE CURRENT RATES
EFFECTIVE THEREOF.
Exhibit H-1
Railroad's Flagging & Inspection Estimate
..
,
TO
.....
Hunts Lane Grade Separation
City of San Bernardino and City of Colton
San Bernardino County, CA
Summary Estimate of Preliminary Project Cost
Description Estimated Amount/Theoretical Structural Cost
Construction:
Roadway and General Civil
Traffic
Drainage
Water & Sewer Relocation
Electrical
Landscaping
Structures
Railroad Work
Utility Relocation
Contingency (10%)
Construction Management and Insvection
Subtotal
Engineering & Right of Way:
Right of Way
EmdneerinlZ design/Environmental
Subtotal
Total Estimated Project Cost
Project Cost
UPRR Theoretical Cost 5%
$ 6,374,000
$ 424,000
$ 749,000
$ 1,505,000
$ 668,000
$ 271,000
$14,869,000
$ 648,000
$ 4,000,000
$ 2,956,000
$ 4.877.000
$37,386,000
$ 223,090 (70%)
$ 27,790 (70%)
$ 743,450
$ 32,400
$ 170.695 (70%)
$1,197,425
$2,200,000
$2,463.000
$4,663,000
$ 86,205 (70%)
$42,049,000
$1,283,630
Exhibit H-2
Theoretical Structure EstiIT'ate