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HomeMy WebLinkAbout23- Public Works CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Nadeem Majaj, Director Subject: Resolution approving a Public Highway Crossing Agreement with San Dept: Public Works - Engineering Bernardino Associated Governments (SANBAG), the City of Colton and the Date: March 2, 2011 Union Pacific 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). Q MCC Date: March 7, 2011 ORIGIN J ` Synopsis of Previous Council Action: 06/17/02 Approved preliminary design alternatives for grade separations at State Street/University Parkway and Hunts Lane. 06/21/10 Approved agreement with the City of Colton for the maintenance of a grade separation on Hunts Lane at the Union Pacific Railroad (UPRR) south of Redlands Boulevard(SS04-51). 06/28/10 Adopted the 5-Year Capital Improvement Program (CIP) for FY 2010-2011/2014- 2015, which included Project No. SS04-51 "Hunts Lane Grade Separation." Recommended Motion: Adopt Resolution. �;G���• _ Si na ure Contact person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report, Location Map, Resolution, Ward: 3 &Agreement (Attachment"A") FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) 129-160-5504-7323-0025 Acct. Description: SS04-51 "Hunts Lane Grade Separation" Council Notes: p /_ Agenda Item No. d;2 3 CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving a Public Highway Crossing Agreement with San Bernardino Associated Governments (SANBAG), the City of Colton and the Union Pacific 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). Background: In 2001, the State appropriated Transportation Congestion Relief Program (TCRP) funding statewide in the amount of $95 million to mitigate impacts along the Alameda Corridor East. The funding was given to the local County Transportation Commissions. On June 6, 2001, the San Bernardino Associated Governments (SANBAG), Transportation Commission for San Bernardino County, approved funding to the cities of San Bernardino and Colton for a grade separation at Hunts Lane. Hunts Lane is split evenly between the City of Colton and the City of San Bernardino. Due to the size and complexity of the project, SANBAG offered to design and construct the grade separation. Since there was no direct cost to the cities, it was deemed to be in the interest of both cities to allow SANBAG to design and construct the project. On June 21, 2010 the Mayor and Common Council adopted Resolution No. 2010-212 authorizing execution of a cooperative agreement with the City of Colton for maintenance of a grade separation on Hunts Lane at the Union Pacific Railroad (SSO4-51). This agreement was required to guarantee a commitment from the cities of San Bernardino and Colton to maintain the new improvements within the respective jurisdiction of each city. Approval of this agreement f cleared the way for SANBAG to negotiate a Public Highway Crossing Agreement with the UPRR. SANBAG has submitted the attached Public Highway Crossing Agreement between SANBAG, the City of Colton, the City of San Bernardino and the UPRR for maintenance of the grade separation after it is constructed. Maintenance of streets and roads within the City of San Bernardino is consistent with the City's obligations under the Streets and Highways Code. Financial Impact: The grade separation design and construction is fully funded by SANBAG using a combination of State TCRP and Federal funds. Recommendation: Adopt Resolution. Attachments: Figure"1"—Location Map 2 HUNTS LANE/UPRR GRADE SEPARATION PROJECT REPORT PROJECT LOCATION 30om soofc; •E.F6adlands Bhr( I St �` CkMeri4oirne ' e"S Ste '�i i - $11 p� ECarotiln W lub Cantar Dr j y Cool CL Ater=`mot" cn I ao o. Commercial Rd I(n am o 10,�_Unto"�t `a �s E � ;w � —��� �ndUssmal pd ` 3 E Ha`ritaga L`n_--- i "!-- CoaleL N ; = Commercial Rtl ottonwood Dr Riverwood St Aspen In _;m Ha�wicYt Dr r` .•tr ` Pepper Tree Dr $ / is i5 A4tF j leaCreek L w SL Bartan_P.d r C !> j ton J i ;C) �m ~M t C ftq sil Zn ' i 1p C cerr�eterp; ;a 9(, pprf a °c5r o F� Pradv L� Quest.w m, Inc 02001 Nauigatb b n Tech no 0200'1 b�;p LOCATION MAP FIGURE 1 _ 1 RESOLUTION NO. COPY 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 (SSO4-51). 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 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 Railroad Company (UPRR) for the design, construction and maintenance of a grade separation 12 13 on Hunts Lane at the UPRR south of Redlands Boulevard (SS04-51). A copy of said agreement 14 is attached as Attachment"A"and made a part hereof. SECTION 2. The authorization to execute the above-referenced agreement greement is rescinded 16 if the parties to the agreement fail to execute it within one hundred eighty (180) days of the 17 passage of this resolution. 18 19 20 21 22 23 24 25 26 27 28 w 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING 2 EXECUTION OF A PUBLIC HIGHWAY CROSSING AGREEMENT WITH SAN 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(SSO4-51). 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the 7 day of ,2011,by the following vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ 11 VACANT 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 17 MC CAMMACK 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of 32011. 21 22 Patrick J. Morris,Mayor 23 City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, City Attorney 26 27 By: 28 -2 - i i ATTACHMENT"A" UPRR Folder No. 2583-94 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 Extra Copy i Public Road Overpass Agmeman IWILAING AMU" Non-Standard Form—Approved AVP-Law 10/06!2010 UPRR Folder No.: 2583-94 UPRR Audit No. 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 ("Agreement") is made and entered into as the day of '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 "D" 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. 3'd Street, 2"d Floor, San Bernardino, California 92410 ("SANBAG"). The City of Colton, City of San Bernardino, and SANBAG 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. B. 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 approximately 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-of-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. 2583-94 Cities of Colton/San Banadino& Page 1 of 8 revised February 4,2011 SANBAG(Qa Colton,CA—Hunts Lane overpass Public Road Overpass em BULOIN6 Non-SttdaFonn—Approv ed AVP Caw 10/0612010 C. The general profile 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, flagging 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 traffic. F. SANBAG will act as lead agency for the Political Bodies on all planning, environmental approval, permitting activities, funding and to prepare the plans, specifications, cost estimates, obtain required permits, right-of-way, and approvals and to administer the construction contract for the PROJECT. G. The Political Bodies desire the right to use for the PROJECT that portion of the right-of- 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 Survey Print showing the Crossing Area is marked Exhibit C and the Legal i Description describing the Crossing Area is marked Exhibit C-1. The PROJECT also involves the permanent closure by Colton 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 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-1, attached hereto and hereby made a part hereof. AGREEMENT: NOW,THEREFORE,it is mutually agreed by and between the parties hereto as follows: ARTICLE 1. 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 confirm 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 for 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 Colton/San Bernardino& Page 2 of 8 revised February 4,2011 SANBAG®Colton,CA—Hums Lane Overpass Public Road Overpass Agreement Non-Standard Form-Approved AVP-Law 10/06/2010LDING � � VVlljjlWV i and subcontractor's respective employees,officers and agents,and others acting under its or their authority. i 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 SANBAG to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Bodies' agreement to perform 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. 3 ARTICLE 6- POLITICAL BODIES'OBLIGATIONS A. SANBAG agrees: 1. 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. 2583-94 Cities of Colton/San Bernardino& Page 3 of 8 revised February 4,2011 SANBAG @ Colton,CA-Hunts Lane Overpass 3 6 m i Public Road Overpass Agreement BUILDING a Non-Standard Form—Approved AVP-Law 10/06/2010 6. To act as the lead agency on all planning, zoning, 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 for the construction, maintenance and use of the Structure and its appurtenances, or for the performance of any work in connection with the PROJECT, SANBAG will acquire such other property and rights at its own expense and without expense to Railroad. 8. To comply and ensure that its Contractor complies, at all times when on Railroad's property, with the rules and regulations contained in ARTICLE 8, CONTRACTOR's RIGHT OF ENTRY—INSURANCE. 4 9. To make all necessary arrangements at SANBAG's expense for the protection, relocation or removal of any public or private utility facilities that conflicts with the PROJECT. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, remove and abandoning in place all non-railroad owned facilities (the "Non-Railroad Facilities") affected by the PROJECT including, 3 without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under ARTICLE 6A.1. The Non-Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, 9 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. 11. To perform all necessary grading for the construction of the PROJECT. The grading performed 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 for 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. SANBAG and its Contractor shall bear such liability and responsibility. 13.The Request to the CPUC and the Authorization by the CPUC for the permanent closure of the existing Hunts Lane at-grade public road crossing at Railroad Mile Post 2583-94 Cities of Colton/San Bernardino& Page 4 of 8 revised February 4,2011 SANBAG @ Colton,CA—Hunts Lane Overpass Public Road Overpass Agreement BUILDING AMER" Non-Standard Form—Approved AVP-Law 10/06/2010 541.00, DOT No. 747-168J (the "Closed Crossing") upon completion of the Structure, are respectively marked Exhibit F and Exhibit F-1. 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 Huts 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. f 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 Enja 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, certificates and/or endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department, MS 1690 2583-94 Cities of Colton/San Bernardino& Page 5 of 8 revised February 22,2011 SANBAG @ Colton,CA—Hunts Lane Overpass Public Road Overpass Agreanem WAJMNG AMEW-V Non-Standard Form-Approved"P-Law 10/06/2010 1400 Douglas Street Omaha,NE 68179 A777V.- Senior Manager-Contracts UPRR Folder No.2583-94 D. If the Political Bodies'own employees will be performing any of the PROJECT work,the Political Bodies may self-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 BYSANBAG A. The RAILROAD WORK to be performed by Railroad, at SANBAG's expense, shall consist of engineering review, inspection, flagging 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 Flag%ing_& Inspection Estimate marked Exhibit H-1, 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 SANBAG during the Project and final billing to SANBAG within one hundred eighty(180) days after receiving written notice from SANBAG that all Project work affecting the Railroad's property has been completed. D. SANBAG 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, flagging, 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 term of this Agreement, any increases to the estimated amount will require SANBAG 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 normal 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. 2583-94 Cities of Colton/San Bernardino& Page 6 of 8 revised February 4,2011 SANBAG Qa Colton,CA-Hunts Lane Overpass it Public Road Overpass Agrwnent S"NG Non-Standard Form—Approved AVP-Law 10/062010 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 five 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 five 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 final acceptance of the Railroad, SANBAG 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 SANBAG. The obligation of the Railroad to contribute five percent (5%) of the cost of a "Theoretical Structure" pursuant to this Article 10 shall not be includable as an actual cost for 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 effect until terminated as provided in this Agreement. 2583-94 Cities of Colton/San Bernardino& Page 7 of 8 revised February 4,2011 SANBAG Q Colton.CA Hunts Lane Overpass i 0 -- Public Road Overpass Agreement BULDMR AMEW-K Non-Standard Form—Approved AVP-Law 10!06/2010 IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed in quadruplicate as of the date first herein written. i SAN BERNARDINO ASSOCIATED APPROVED AS TO FORM: GOVERNMENTS (SANBAG) 3 By BY Printed Name: Printed Name: Title: Title: 3 t UNION PACIFIC RAILROAD COMPANY APPROVED AS TO FORM: (UPRR) i By By JAMES P.GADE KEN OCKEN Director Contracts Manager Contracts t d `rr CITY OF COLTON APPROVED AS TO FORM: (COLTON) j d 7 By By r Printed Name: Printed Name: Title: Title: I s CITY OF SAN BERNARDINO APPROVED AS TO FORM: (SAN BERNARDINO) By By -� Printed Name: Charles E. McNeely p • Name: James F. Penman Title: City Manager Ti . City Attorney 1 2583-94 Cities of Colton/San Bernardino& Page 8 of 8 revised February 4,2011 SAN BAG @ Coltoa,CA—Hums Lane Overpass ii LIST OF EXHIBITS Exhibit A Railroad Location Print Exhibit B Detailed Prints Exhibit C Survey Print Showing Crossing Area Exhibit C-1 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-1 Authorization by the CPUC for the Permanent Closure of the 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-1 Railroad Flagging&Inspection Estimate Exhibit H-2 Theoretical Structure Estimate }t a>' 4 * ff r �E. g .r AWL NOW RAILROAD LOCATION PRINT WE OF A NEW OVERPASS GRADE SEPARATED PUBLIC ROAD CROSSING s CONSTRUCTION PROJECT CQV 04 N". V r ek r� 1 C E, A117y Hunts Lane Overpass-DOT No.440482B i x•.._ RR MP 541.00-Yuma Subdivision New Grade Separated Public Road Crossing '-=-- -_ - construction Project Yuma Subdiv pn " 3 Hunts We-DOT No.747468) w RR MP 141.0-Yuma Subdivision -r� � FC < Existing At-Grade Public Road Crossing r. 5 To Be Closed i Removed IN z' 't f 1 W N JJ E IER �3-- r - e a DTia u0e oTgeT:t to Icarroe. 02W DdMW.Shd Aft t15Ae 2008. o 10 7000 .debraiezaT MI(12V E) Oda zoom 13.0 RAILROAD WORK TO BE PERFORMED: EXHIBIT"A" 1. Relocate and bury existing overhead signal lines and poles;and UNION PACIFIC RAILROAD COMPANY other signal materials. 2. Flagging&Inspection. PUMA SUBDIVISION MILE POST 541.00 GPS:N 34'03.5813',W I Ir 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 �v��poN�ti�i�!Date:September 21,2010 �,. IN ALL OCCASIONS.U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE Mo LOCAT ION OF FIBER OPTIC CABLE. PHONE:1 800 336-9193 Exhibit A Railroad Location Print Ft, a1f TO `.,, Nit >, , ` '�1'+ .,1� ,�� EMENT r , ii . �g`. v� :tn�• I` �� II EI rr•�I � �I) � �h! � rr �I ■1©. ME ki■► �I� Aq kk �■ a � • • is • - 7'%j=7.�,•_ • j is f: i 2 0 0A di" �Eil o All Vie, � � t as ► =.!it 93 I � ,9-sr. L Exhibit B Detailed Prints i l0'4 6 A01 ! ba'b +4 IAd d 9£3,66 A013 00'OL+££ lAd rn j o 0 1 Li N 00 OS+Z£ IAd p i; Sl'ZOOL ^01 3 00'0£+l£ OAd �+ i` S l'4lO l A013 isf 16 00'0£+6Z IAd W z . e uj cr y 7 J u 1 Q Q a $$ s o � ON to O'd I d +o1 ` o c4 O aw LL o� z ° C', v ' �a{ VI J Q U d 44• ��.WWW��,��WWWl6 rK O_ (� go U Q � O Q N W I a Sl'4101 Aal ij W 00'06+11 OAd Of pp !� Q F ! m O U O � � 96'L66 A013 00'OZ+61 IAd o ci 95'6R6,AGO o to m 00'09+L l IAd J co 46'696 A013 00'04+9 l OAd Exhibit B Detailed Prints TO P U BE M E N T MIT `j' �� Q'\■ - y. - � KEY MAP LOT 3 T LOT 4 BLOCK 65 BLOCK 65 PARCEL C HUNTS LANE CENTERLINE AND COMMON LINE — PARCEL D n LOTS 3 do 4 BLOCK 65 N PARCEL 6 i(PC) PARCEL 2 (PE) 8 SBO g'2. _ to M APN 164-311-07 RA� OA APN 164-311-25 aD 4 a APN 141-321-02 -r h V CL tea.. w 3 0 CIV/( Fry N a MOFFATT & NICHOL Doted Mach 1, 2010 H. RICHARD HIElll 41 MIZO m. 12590 � , ACRONYNMS dt A88REVIATIONS Mr. H.R. Nell. P.E., S.E. 3 I AE AERIAL EASEMENT i Associate Vice President OF CA4,E0 PE PERMANENT EASEMENT TCE TEMPORARY CONSTRUCTION EASEMENT t CI T Y IOF SAN BERNA DINO 0 25 50 100 KEY MAP 1ra50• Exhibit C Survey Print of Crossing Area 3 f Ar Sri i i I i s HUNTS LANE PARCEL 1 DESCRIPTION PERMANENT EASEMENT APN 141-321-02 Parcel 1 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 North 00°27'30"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 Loma 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 80°5T30"East 54.31 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 South 00°27'30"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 00°27130"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 conformance with the Professional Land Surveyors Act. MOFFATT&NICHOL Dated March 1,2010 Ci'vil :. •�r . H. EiCHA!tD 'NElll ^' Mr.H.R.Neill,P.E.,S.E. J, N0. 12590 Associate Vice President of SM BEIMARDMO Pacd Dewqsim txb A I41)21 02-►&►oa4I.Doe RC%*W 201043-01 Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area loom" PERMANEN T EA SEMEN T LOT 3 LOT 4 BLOCK 65 BLOCK 65 HUNTS LANE CENTERLINE AND COMMON LINE - LOTS 3 & 4 BLOCK 65 N O W �IN °off S802920'E NOTE 1 - JO-2 20 E !SAC/F/C o z - o a I APN 141-321-02 -_`- � I o S8p�r:3C"E- TPOB 54 3f PARCEL f 5.4 79 sq.ft. 0.13 ocres g ry Y NOTES 1. CENTERLINE U.P.R.R. ESTABLISHED O SPLIT OF RAILS 2 AS SHOWN ON TRACT NO. 11414 M8 157141-44. 2. AS SHOWN ON TRACT NO. 11414 MB 157141-44. N8()7920"w J. AS SHOWN ON PARCEL MAP NO. 1148 M8 13511-2 ,'S438• _ 3 AND PARCEL MAP NO. 8401 M8 88/32-33. - 53.56 * ALL REFERENCE NOTES RECORDED IN RECORDS OF t SAN 8£RNADINO COUNTY, STATE OF CALIFORNIA 5 CITY OF SAN BERNARDINO 0 25 50 . 100 PARCEL 1 EXHIBI T 1..=50, upal<a"10-03-01 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 land 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 00°2730" 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 Loma Linda)with the common lot line of said lots 3 and 4,said common lot line being the westerly limit of parcel of land 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 00°27'30" West 7.61 feet along said common lot line; thence South 80°29'20" 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 00°27'30" 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 80°57'30" West 54.31 feet to the True- Point-of-Beginning. Said described parcel contains 396 square feet(0.01 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 * RICHARD NEILL Mr.H.R.Neill,P.E.,S.E. No. 12590 s � Associate Vice President 3 CALI � 2222. SAN BERNARDIM had Daaiptk Exb A 141)21 022-M-Pwal-2-DOC Kc iKd 101"341 Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area f PERMANENT EA SEMEN T i LOT 3 LOT 4 BLOCK 65 I BLOCK 65 HUNTS LANE CENTERLINE AND COMMON LINE - L 0 TS 3 & 4 BLOCK 65 1 a o � (Ny Z -k 1 o I S802g 2p"E PARCEL 2 54, T8, .w 396 sq.ft. —r4 �o a w acres --_ ON n TPOB I 4,31 g S.0' -�.�AC/=_ ° I 53.56' o°'P, 2920 E - "'° z �[?OAO NOTE i APN 141-321-02 3I I NO TES N I 8 N of 1. CENTERLINE U.P. R. ESTABLISHED ®SPLIT OF RAILS ° R. AS SHOW ON TRACT NO. 11414 M8 157141-44. Z I n = 8 >o 2. AS SHOKfJ ON TRACT NO. 11414 M8 157141-44. 3 AS SHOWN ON PARCEL MAP NO. 1148 MB 135/1-2 AND PARCEL MAP NO 8401 MB 88132—J3. n * ALL REFERENCE NOTES RECORDED IN RECORDS OF NBO. A' SAN BERNADINO COUNTY, STATE OF CALIFORNIA 'i_29.20••1'V f� I i CITY OF SAN BERNARDINO o zs so 100 PARCEL 2 EXHIBI T 1"=50. uoa.,.a 2010-03-01 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 1 South,Range 4 West, San Berardino 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 Loma Linda)with the common lot line of said lots 3 and 4,said common lot line being the westerly 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 corer of said lot 3; thence North 00°27'30"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 80°57'30" 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 00°27'30" 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 Souther Pacific Company's (now Union Pacific Railroad); thence North 80°57'30" West 54.31' feet to a point in said common lot line;thence North 00°27'30"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. MOFFA.TT&NICHOL Dated March 1,2010 c� Mr.H.R.Neill,P.E.,S.E. H RICHARD tr'Elll x' Associate Vice President No. 12590 �F CA1 EO i8ib A1413210UMI-FW MM R�ripd301QOW1 SAN BEWARLNNO Proel Dmipl on Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area AERIAL EA SEMEN T LOT 3 1 LOT 4 BLOCK 55 BLOCK 65 HUNTS LANE CENTERLINE AND COMMON LINE — LOTS 3 & 4 BLOCK 65 O N Z PARCEL 3 p 54,31• —— S8 Zg 2O'E H W �- n n - a Z 3 —in RAILROAO CEH TP "o'E ' APN 141-321-02 - �I N � O o 5,001 sq.ft. 2 �NB0 30"W 0.11 acres 54,31 1 53.56' NO TE 1 O N 1. CENTERLINE U.P.R.R. ESTABLISHED 9 SPLIT OF RAILS o F AS SHORN ON TRACT NO. 11414 MB 157141-44. Z s 2. AS SHORN ON TRACT NO. 11414 MB 157141-44. 3. AS SHORN ON PARCEL MAP NO. 1148 MB 135/1-2 A AND PARCEL MAP NO. 8401 MB 88132-33. 1 1. * ALL REFERENCE NOTES RECORDED IN RECORDS OF I /V$0 29 2O„w SAN B£RNADINO COUNTY. STATE OF CALIFORNIA 5 I s CITY OF SAN BERNARDINO o z5 so tioo PARCEL 3 EXHIBI T 1"=50- L••w 7010-03-01 Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area HUNTS LANE PARCEL 3A DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT APN 141-321-02 Parcel 3 All those certain parcel of land 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 the intersection of the original located centerline of the Southern Pacific Company's (now Union Pacific Railroad) main track (Colton to Loma Linda)with the common lot line of said lots 3 and 4,said common lot line being the westerly 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 corner of said lot 3; thence North 00°2T30"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 80°57'30" 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 00°27'30" 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 80°57'30" West 54.31' feet to a point in said common lot line;thence North 00°27'30"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 V 14 * Ii. RICHARD NEILL Mr.H.R.Neill,P.E.,S.E. No. 12590 Associate Vice President `r F pF CA�tr`0 3M3 ZWWAWW Fmmd Dea*W Ed A M 321 WTC&FW*d4AJ3K UAW 30HM"I Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area TEMPORARY CONSTRUCTION EA SEMEN T LOT 3 LOT 4 BLOCK 65 I BLOCK 65 HUNTS LANE CENTERLINE AND COMMON LINE - LOTS 3 & 4 BLOCK 55 ci z PARCEL 3A x'11 _ o 580292 r 2 -k —� - RA/L�A� C TPOB o --EN "RC/iyE NOTE 1 ^ N APN 141-321-02 '-- NI o 0 5,001 sq.ft. 2 �NdO X30' a all acres 54.31 NOTES 53.56' I O N 1. CENTERLINE U.P.R.R. ESTABLISHED O SPLIT OF RAILS ° AS SHOMN ON TRACT NO. 11414 MB 157141-44. ( '!� Z h � 2 AS SHOWN ON TRACT N0. 11414 MB 157141-44. I 3. AS SHOWN DN PARCEL MAP NO. 1148 MB 13511-2 AND PARCEL MAP NO. 8401 MB 88132-33. � IS �k ALL REFERENCE N07ES RECORDED IN RECORDS OF I V80 29 SAN BERNADINO COUNTY, STATE OF CALIFORNIA 2 " � j.�/ I — i I �s s CITY OF SAN BERNARDINO 0 25 so ,00 PA RCEL 3A EXHIBI T =so unemw 2oio-w-o+ 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 of land 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 CITOB), said point being South 80°29'20" 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 Loma 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 North 00°27'30" 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 80°29'20"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 00°27'30" 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 80°29'20"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 00 127'30" 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 1,2010 N Mr.H.R.Neils,P.E.,S.E. H. RICHARD NEI � No. 12594 Associate Vice President 9 CA��E�� SAN WAK% M F=an omsWin e h A 14152102-TCZ409dA DW - RnMd 20104"1 Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area $� ,,,,'�. �a�m _.«-:� 3 "._:� +.:.:i� ..>a�.�.,u, ,���°�ss,,-.�,.• .r.� YiA:�� �. a, ,;�a ..,aa,... .�a�`a:'i�' ��sfv�;s '•.-;� -ig. .s,, _ - I i TEMPORA R Y CONS TRUC TION EA SEMEN T LOT 3 LOT 4 BLOCK 65 BLOCK 65 HUNTS LANE CENTERLINE AND COMMON LINE — LOTS 3 & 4 BLOCK 65 53.56' N Z 1-_ 207 3 -- UN/ON r. - 1°AQrIC ^ o ° i NOTE 1 T POB 4,151 s 3 AP 141-321 02 0.10 ocres q./t. 0 C) I o NOTE 1. CENTERLINE U.P.R.R. ESTABLISHED O SPLIT OF RAILS N B AS SHOWN ON TRACT N0. I1lt1 MB 157141-44. 2 AS SHOWN ON TRACT NO. 11414 MB 157141-44. � J. AS SHOWN ON PARCEL MAP NO. 1148 MB 13511-2 PARCEL 4 yL AND PARCEL MAP NO. 8401 MB 88/J2-33. i P i L * ALL REFERENCE NOTES RECORDED IN RECORDS OF SAN BERNADINO COLNrY, STATE OF CALIFORNIA i NBp�g?0'w 20,75• 74.00' CITY OF SAN BERNARDINO k 0 25 50 100 3 PARCEL 4 EXHIBI T 1"=50' �unw�.e xoio-os-o� Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area t HUNTS LANE PARCEL 5 DESCRIPTION PERMANENT EASEMENT APN 164-311-07& 164-311-25 Parcel 5 All those certain parcel of land 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 South 00 02730" 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 Loma 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 00127'30" 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 80°29'20" 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 00°27'30" 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 80°57'30" 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&NICHOL �p CIVIL F�✓� Dated November 13,2009 f y r W RICNA 0 * No. 12590 4' Mr.H.R.Neill,P.E.,S.E. OF CA�� 0 Associate Vice President COLTON had Daaipim Eah A 164.311-07&166.N1.23-1 PM013.Da ReviW 2009-11.17 Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area PERMANEN T EA SEMEN T SHUNTS LANE CENTERLINE 44.00' �— AND COMMON LINE – L 0 TS 3 & 4 BL OCK 65 I 782.99 v_— 1 ' LOT 4 .^ ♦ BLOCK 65 PARCEL C LOT 3 BLOCK 65 p a PARCEL D k _ NOTE 4 - - 0 M O ,n O Z I ---W/ON ?qC/F/C S802 9, APN 164-311-07 NOTE 1 C�� RL/NE APN 164-311-25 IN �N 0 o S80 S�;�o�e - Z 5�, I TPOB Kiln ,W _ - o to ^ II o 3,074 sq./t. _ 2 EN i of 0.07 ocres - to N8p79?0. 53 p w —PARCEL 5 i NOTES 52.29' 1. CENTERLINE U.P.R.R. ESTABLISHED ®SPLIT OF RAILS I C AS SHOWN ON TRACT NO. 11414 MB 157141-44. �} 2. AS SHOWN ON TRACT NO. 7442 MB 121162-65. 3 I AS SHOWN ON TRACT NO. 14158 MB 168114-16. g 4. AS SHOWN PER LOT 3 BLOCK 65 MB 712, RS 6211 5§ PARCEL C O.R. 1988-0049085 PARCEL D 0.R. 1988-0049085. # ALL REFERENCE NOTES RECORDED IN RECORDS OF SAN BERNADINO COUNTY, STATE OF CALIFORNIA CITY OF COL TON o 25 So ,00 PARCEL 5 EXHIBI T I"=50' Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area i HUNTS LANE PARCEL 6 DESCRIPTION PERMANENT EASEMENT APN 164-311-07& 164-311-25 Parcel 6 All those certain parcel of land 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-0f-Beginning(TPOB),said point being North 00°2730" 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 Loma 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 1,207.85 feet southerly,measured along said common lot line,from the northeast comer of said lot 3;thence North 80°57'30"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 00°27'30" 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 80°29'20" East 53.09 f 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 00°2T30"East 7.61 feet to the True-Point-of-Beginning. Said described parcel contains 410 square feet(0.01 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 . %� ti,.r� Dated November 13,2009 ����` N LL I No. 125910 �l Mr.H.R-Neill,P.E.,S.E. OF C Atit� Associate Vice President i rv. COTTON►mcd Dma}lin EA A 1"311-07♦161.311-23-PWW06..6 Doe Reviled 2000.11.11 Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area �'lhtiik:t; �-�."'''� '"' uaz�" .u- +a.L,z'"a' ��s,...�._ „�..�.<.,a,.�.,,.rr_.au,.,...,...va:s°.,a«�•,,�......tiiffi.a�*�z.;_r_a:fy.�:a?xw.:�rF .�c,.....x..,,«. �_�......�..._�v�ur.,e.. ,isu�°�,,'^.` x :a` ° �aa�a`sm"a".''Y��' °.T__w—ys' i PERMANEN T EA SEMEN T HUNTS LANE CENTERLINE 44.00' Imo' AND COMMON LINE — I ♦♦♦T LOTS 3 & 4 BLOCK 65 782.99 LOT 4 �---_ ---- BLOCK 65 PARCEL C LOT 3 ' BLOCK 65 a a w PARCEL 6 PARCEL D k 20'E NOTE 4 �_- S ' 0. " " Z It 92 i� 53 09' E �o g ^ 410 sq.ft. N z0.01 ocres i UHIO/Y _ E Zi V8057 ' -e- ' 11 W S;1O ' °�C IC 52.29RATLROAQ Sao 2 20 _ T P`^O B --C£�RliiyE APN 164-311-07 I _ i APN 164-311-25 i -- ,; NOTE t o o IN z Ip Z + I 8 � JAI f 1 � 6 6 NOTES , I. CENTERLINE U.P.R.R. ESTABLISHED O SPLIT OF RAILS i AS SHOWN ON TRACT NO. 11414 MB 157141-44. 2. AS SHOWN ON TRACT ND. 7442 MB 122162-65. 3. AS SHOWN ON TRACT N0. 14158 MB 168114-16. n 4. AS SHOWN PER LOT 3 BLOCK 65 A!B 712, RS 6211 8F PARCEL C 0. 1988-0049085 PARCEL D 0.R. 1988-0049085. 4 ALL REFERENCE NOTES RECORDED IN RECORDS OF SAN BFRNADINO COUNTY, STATE OF CALIFORNIA Y CITY OF COL TON 0 25 50 100 ' d PARCE L 6 EXHI BI T ,"-50' Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area r HUNTS LANE PARCEL 7 DESCRIPTION AERIAL EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT APN 164-311-07& 164311-25 Parcel 7 All those certain parcel of land 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 the intersection of the original located centerline of the Southern Pacific Company's (now Union Pacific Railroad) main track (Colton to Loma 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 00 02730" 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 80°57'30" 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 00°27'30" 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 80 157'30" East 53.01' feet to a point in said common lot line;thence South 00°27'30" 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 CIV.it Dated November 13,2009 y� H. RICHARD NEILL No. 12590 i Mr.H.R.Neill,P.E.,S.E. Of Cp�IEO n� Associate Vice President 17 'LVV Y COLTON Fwrl Ow*1=Fsh A["JO W&1"-3I IZMUTCF F=e67.D" Revied 3009.11-I T Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area r AERIAL EASEMENT HUNTS LANE CENTERLINE 1 1 44 y�— � AND COMMON LINE - I* LOTS 3 & 4 BLOCK 65 782.99 LOT 4 BLOCK 65 PARCEL C LOT 3 ' BLOCK 65 a a w -_ S80' � PARCEL D� 29?O'E — NOTE 4 O i Lr) N Z a �Z LRA� W p'�ffC S80• — p- o + 0.f 1 acres APN 164-311-07 �� APN 164-311-25 N g ^ ONITP08 PARCEL 7 B 2 NOTE 1 z O N 1i O ~ 1480'573 y p+y1, S� 301' 52.29' 4 �_ d D � I NOTES e 1. CENTERLINE U.P.R.R. ESTABLISHED O SPLIT OF RAILS I L AS SHOWN ON TRACT NO. 11414 A48 157141-44. at 2. AS SHOWN ON TRACT NO. 7442 MB 122162-65. � I 3 .1 AS SHOWN ON TRACT NO. 14158 MB 168114-16. € 4. AS SHOWN PER LOT 3 BLOCK 65 MB 712. RS 6211 i PARCEL C O.R. 1988-0049085 PARCEL D O.R. 1988-0049085 4: ALL REFERENCE NOTES RECORDED IN RECORDS OF SAN BERNADINO COUNTY, STATE OF CALIFORNIA CITY OF COL TON 0 25 50 100 EXHIBIT T � PARCEL 7 E 1"=50' ""-12-08 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 7A All those certain parcel of land 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 the intersection of the original located centerline of the Southern Pacific Company's (now Union Pacific Railroad) main track (Colton to Loma 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 00 127'30" 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 80°57'30" 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 00027130"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 80°57'30" East 53.01' feet to a point in said common lot line;thence South 00°27'30"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 C I y11 RIVAR hEiLL 1�0. 12.�90 ; Mr.H.R.Neill,P.E.,S.E.�Z Associate Vice President / / OF CAL�EO / co COLTM►a 0Daa+W=ErhA164711-00!1MJ11-25-TMhF01.7A.Dw RavWdIMIMS Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area TEMPORARY CONSTRUCTION EA SEMEN T HUNTS LANE CENTERLINE 44.00' I AND COMMON LINE - i— LOTS 3 & 4BLOCK65 78299 1 LOT 4 BLOCK 65 PARCEL C LOT 3 BLOCK 65 a a w - n O PARCEL Dn NOTE 4 N -' 80=0.E1 ;0 �Z L W , (� 4882 sq.lf. S802 20, Op 0 1 a 0.1i ocre9 E - En APN 164-311-07 TER(�IyE APN 164-311-25 • TPOB PARCEL 7A NOTE 1 O e `N80573p-8, cn Jr .01, I ! NO TES F 1. CENTERLINE U.P.R.R. ESTABLISHED O SPLIT OF RAILS I L AS SHOWN ON TRACT NO. 11414 MB 157141-44. 2. AS SHOWN ON TRACT N0, 7442 MB 122162-65. S J. AS SHOWN ON TRACT NO. 14158 MB 168114-16. e 4. AS SHOWN PER LOT 3 BLOCK 65 MB 711, RS 6211 PARCEL C O.R. 1988-0049085 PARCEL D O.R. 1988-0049085. i a at ALL REFERENCE NOTES RECORDED IN RECORDS OF SAN BERNADINO COUNTY, STATE OF CALIFORNIA i Cl T Y OF COL TON 0 25 50 100 PARCEL 7A EXHIBI T 1"=50' Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area S HUNTS LANE PARCEL 8 DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT APN 164311-07&164-311-25 Parcel 8 All those certain parcel of land 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(PPOB),said point being North 80°29'20"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 Loma 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 South 00°27'30" East 109.23 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 80 029'20" 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 00°2T30" 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 80°29'20"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 00°2T30"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 V CIVIL Dated November 13,2009 �.`�� r'�ie RICHARD NE L Mr.H.R.Neill,P.E.,S.E. Associate Vice President OF COLTONlArcdO=rb"bb A161-)1W&164J11,TiTC&FOC IMM Rnidx004I1-17 Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area TEMPORARY CONSTRUCTION EA SEMEN T + SHUNTS LANE CENTERLINE I� 44.00' �— AND COMMON LINE - ILOTS 3 & 4 BLOCK 65 I 782.99 1 ' LOT 4 1 - BLOCK 65 PARCEL C LOT 3 ' BLOCK 65 „ ~ W W PARCEL D i, -�S60 29 ZO_'E NOTE 4 N t, I:V G Jp 1 o 02920~E N Z a RAN J2 • 2.29' a p PATP(09 7 11-07 11-25? w NOTE 1 z 5,074 sq./t. j:,? 1 i 0.12 ocres , PAR�EL 8 t 1 N802 - ' i ,32�• 1 s § NO S 84.00' 3 3 1. CENTERLINE u.P.R.R. ESTABLISHED O SPLIT OF RAILS 1 AS SHOW ON TRACT NO. 11414 MB 157141-44. 2. AS SHOWN ON TRACT NO. 7442 MB 122162-65, 1 AS SHOWN ON TRACT NO. 14158 MB 168111-16. E 4. AS SHOWN PER LOT 3 BLOCK 65 MB 711, RS 6211 PARCEL C O.R. 1988-0049065 ' PARCEL D O.R. 1988-0049065. — # ALL REFERENCE NOTES RECORDED IN RECORDS OF SSAN BERNADINO COUNTY, STATE OF CALIFORNIA s CITY OF COL TON 0 25 So 100 - PA RCEL 8 EXHIBIT I"=50' Exhibit C-1 Legal Descriptions&Parcel Survey Prints of Crossing Area s .•n v 3.. � P e i r, Public Highway Overpass ExB 1 0/0 612 01 0 nonstandard Form Approved,AVP-Law BUILDM AMEFUM 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 Political 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 Political Bodies shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the 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 nonparties. d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; 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 Page 1 of 5 Exhibit D Non-Standard Form Approved,AVP-Law General Terms&Conditions Public Highway Overpass ExB 10/06/2010 '.'on-Standard Form Approved,AVP-Law BUILDING AMEMW 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. 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 Page 2 of 5 Exhibit D Non-Standard Form Approved,AVP-Law General Terms&Conditions Public Highway Overpass ExB 10/06/2010 on-Standard Form Approved,AVP-Law IMLDING AIMMM c) No Interference or Delays. 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 Political 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 10106/2010 Page 3 of 5 Exhibit D Non-Standard Form Approved,AVP-Law General Terms&Conditions -x Public Highway Overpass ExB 10/0612010 ion-Standard Form Approved,AVP-Law BUILDING AID►' 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: 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 failing 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) Drainage. The Political 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 including water from the Railroad's culvert and drainage facilities),so that said waters may not, because of any facilities or work of the Political 3odies, 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. 1) Fiber Optic 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 shall 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 Page 4 of 5 Exhibit D Non-Standard Form Approved,AVP-Law General Terms 8 Conditions Public Highway Overpass ExB 10106/2010 'on-Standard Form Approved,AVP-Law WILDING Al1Ef11CA' 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. 0 Public Highway Overpass ExD 10/06/2010 Page 5 of 5 Exhibit D Non-Standard Form Approved,AVP-law General Terms 8 Conditions Mz � r 'CiFi� C t 4�{A � � H1•t meow Minimum Construction Requirement ExE Standard Form,Approved AVP-Law 06/15/2006 BUILbING AtilEMW it 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 will 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 shall afford the same cooperation with UPRR as it does with the Agency. All submittals and work shall 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 shall 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"shall mean the contractor or contractor's hired by the Agency to perform any project work on any portion of UPRR's property and shall 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 (�l Senior Manager Industry&Public Projects Union Pacific Railroad 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 Railroad Company 45050 Pacific Street Indio, CA 92201 Phone:9096852154 Fax:9096852165 1.04 REQUEST FOR INFORMATION/CLARIFICATION All Requests for Information("RFI")involving work within any UPRR right-of-way shall be in accordance with the procedures listed elsewhere in these bid documents. All RFI's shall be submitted to the Engineer of Record. The Engineer of Record will submit the RFI to the UPRR Designated Representative for review and approval for RFI's corresponding to work within the UPRR right-of-way. The Contractor shall allow four(4)weeks for the review and approval process by UPRR. 1,05 PLANS/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 Page 1 of 6 Exhibit E Standard Form,Approved AVP-Law 06/15/2006 Minimum Construction Requirements Minimum Construction Requirement ExE Standard Form,Approved AVP-Law 06/15!2006 BUILDING AMERICA' 1:be,UTILITIES AND FIBER OPTICS All installations shall be constructed in accordance with current AREMA recommendations and UPRR specifications and requirements. UPRR general 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, materials 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 regulations 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 bome 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 .ommencing 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 Page 2 of 6 Exhibit E Standard Form,Approved AVP-law 06/15/2006 Minimum Construction Requirements f' Minimum Construction Requirement ExE itandard Forth,Approved AVP-Law 06/15/2006 BUM IM6 AMrMCAO to opt,-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 available 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 fumished the insurance policies, binders, certificates and endorsements required by the 'Contractor's Right-of-Entry Agreement' and UPRR's Designated tepresentative 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.contractororientatlon.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 shall 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 specked 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 flagging service, as may be necessary and receives permission from UPRR's Designated Representative to proceed with the work. Minimum Construction Requirement ExE Page 3 of 6 Exhibit E Standard Form,Approved AVP-Law 06/15/2006 Minimum Construction Requirements Minimum Constriction Requirement ExE �� AMERICk itandard Form,Approved AVP-Law 08/15/2006 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 READ. Time 1 Shoring design and details 4 4 weeks 2 Falsework design and details 4 4 weeks 3 Drainage design provisions 4 4 weeks 4 Erection diagrams and sequence 4 4 weeks 5 Demolition diagram and sequence 4 4 weeks Prior to or durina construction of railroad underpass structures, the UPRR requires the review of drawings, 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 Deslanated Representative through the Agency for their own review and approval of the material. The slaned submittal and_the Agency's review comments will be reviewed by UPRR or their consultant. If a consultant performs the reviews, the consultant may reply directly to the Agency or its Designated Representative after consultation with UPRR Review of the submittals will not be conducted until after review by the Agency or Its Designated Representative Review of the submittal Items will require a minimum of four(4)weeks after receipt from the Agency.. TABLE 2 ITEM DESCRIPTION SETS NOTES READ. 1 Shop drawings 4 Steel and Concrete members 2 Bearings 4 For all structures 3 Concrete Mix Designs 4 For all structures 4 Rebar&Strand certifications 4 For superstructure only 5 28 day concrete strength 4 For superstructure only 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 tou hness All fracture critical members&other 8 Fabrication and Test reports 4 members requiring improved notch toughness 9 Welding Procedures and 4 AWS requirements Welder Certification Foundation Construction Pile driving,drilled shaft 10 Reports 4 construction,bearing pressure test re orts fors read footings Compaction testing reports for Must meet 95%maximum dry 11 om a 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: Minimum Construction Requirement ExE Page 4 of 6 Exhibit E Standard Form,Approved AVP-Law 06/15/2006 Minimum Construction Requirements Minimum Construction Requirement ExE Standard Form,Approved AVP-Law 06/15/2006 BUILDING AMERICA• Overpass Protects 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. Underpass Protects 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 e 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 Page 5 of 6 Exhibit E Standard Form,Approved AVP-Law 06/1512006 Minimum Construction Requirements I i i Minimum Construction Requirement ExE Standard Form,Approved AVP-Law 06/15/2006 dt1tL DING De:,:gnated Representative,may endanger UPRR facilities or operations. �Vi11��llYY 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 accomplish 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 walking along trains, extending to a line not less than twelve feet (12')from centerline of track, shall be maintained.Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during work hours while 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 railings 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 signals 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 will 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 shall be coordinated with and approved by the UPRR's Designated Representative. 1.23 CONSTRUCTION EXCAVATIONS A. The Contractor shall be required to take special precaution and care in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls or other facilities that require shoring shall comply with ;equirements of OSHA,AREMA and UPRR"Guidelines for Temporary Shoring". B. The Contractor shall contact UPRR's"Call 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 will 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 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 within twenty-five (25)feet of any track, may require railroad flagging services or other protective measures. Contractor shall 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 shall comply with all other requirements regarding flagging services covered by the"Contractor's Right of Entry Agreement". Any costs associated with failure to abide by these requirements will be borne by the Contractor. The estimated pay rate for each flag person Is $1,000.00 per day for an 8 hour work day with time and one-half for overtime, Saturdays, Sundays; double time and one-half for holidays. Flagging rates are set by the UPRR and are subject to change. 1.25 CLEANING OF RIGHT-OF-WAY Contractor shall, upon completion of the work to be performed by Contractor upon the premises,over or beneath the tracks of UPRR, promptly remove from the right-of-way of UPRR all of Contractor's tools, implements, and other materials whether brought upon the right-of-way by Contractor or any subcontractors, employee or agent of Contractor or of any subcontractor, and leave the right-of-way in a clean and presentable condition to satisfaction of UPRR. Minimum Construction Requirement ExE Page 6 of 6 Exhibit E Standard Form,Approved AVP-Law 0611512006 Minimum Construction Requirements �� � �� �� l�� ■� 2° �2. � \ . � ��� � ■�$ TO , ; \ �, o . \ 2• ■ . \ ■ ME - @ \% OSURE OF THE E ' ■ ' ■ CROSSIN, SLANE $ \ { ■ \ L ■ |- ' y // ■ . ' '\ ■ ' | ■ &/% y© � * \ \ I REQUEST TO CPUC STAFF FOR AUTHORIZATION TO 7X-f. + ALTER HIGHWAY-RAIL CROSSING PURSUANT TO GENERAL ORDER 88-B k 1 1. Date Submitted: September 9,2009 2.A pplicant Info Organization Name: San Bernardino Associated Governments SANBAG Contact Person: Mr. Garry Cohoe Title: Director of Freeway Construction i Street Address: 1170 W. 3 Street,2" Floor City: San Bernardino CA Zip: 92410-1715 Phone: 909 884-8276 Email: ho anba .ca. y 3. Crossing proposed to be altered PUC Crossing Number: 00I13-541.00 U.S.DOT Crossing Number: 747168J Street Name: Hunts Lane City: Colton/San Bernardino County: San Bernardino Railroad Responsible for Crossing: Union Pacific Railroad' RR Other Railroads Operating on Tracks: 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"1" - Hunts Lane will be closed during construction to vehicular and pedestrian traffic. - The completed structure will meet the minimum clearances in accordance with the 'j provisions of General Order No.26 D. - There will be a temporary vertical clearance restriction of 21'6"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. 0 1 Exhibit F Request to CPUC For Road Closure &Construct New Overpass 1; i 5.Describe the public benefits 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 001B-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 conflicts for public safety. f fi6.Explain why a separation of grades is not practicable: 1� It is practical to grade separate Hunts Lane from the railroad track. i 7.Describe crossing warning devices Current:' urreuf The current crossing protection is#8's and Standard No.9 crossing gates 1 1 Proposed!-, NONE REQUIRED 8.Temporary Traffic Controls-Include a statement of temporary traffic controls to f be provided during construction: !i Hunts Lane will be closed during construction for vehicular and pedestrian traffic. ;i 9.Signature f' �? 1,Garry Cohoe,am an employee of San Bernardino Associated Governments(SANBAG) 1 �i and authorized to sign this GO 88-B authorization request letter on its behalf. li r° It Garry Ghee,DirecIt9a of F reeway Construction 7/ Z9 Name and Title Signature afid date t; ,i l; 1, 2 i Exhibit F Request to CPUC For Road Closure &Construct New Overpass i i i ii ! 1' is ti i 10.Evidence of Agreement: f j+ 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. ri 1 f , Garry Cohoe Director of Freeway Construction 7 09 Name and Title Signature afid date 1170 W.P Street,2od Floor,San Bernardino,CA 92410-1715 #� Address r• V{ i• i! is i; 1; i r e i' 'r 3 Exhibit F Request to CPUC For Road Closure &Construct New Overpass 4 i. f a h G; I, Robert Miller,am a representative of the City of Colton and authorized to sign this I; letter of agreement on its behalf,hereby declare that the City of Colton concurs with the proposed project described above. i, i ++ i; i Robert Miller,Interim City Manager I Typed Name and Title Signature and date 650 North La Cadena Drive,Colton,CA 92324 Address l i I i; i i i' �I i; i, i+ i ;l s' :i is i 4 Exhibit F Request to CPUC For Road Closure &Construct New Overpass I,Robert Eisenbeisz,am an employee of the City of San Bernardino and authorized to r 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. 't i ii g�s o 9 �f Robert Eisenbeisz,City Engineer !! Name and Title Signature and date t( j City of San Bernardino,300 North`l)"Street,San Bernardino,CA 92418-0001 Address i� jf i` I� 1 ,l! E. ri z , p { r/ 5 Exhibit F Request to CPUC For Road Closure &Construct New Overpass 9 5 h I, &Vt!Aam an employee of The Union Wkno ofec reccmn ofolswuiloncowaniastotiepwimt Pacific Railroad and uthorized to sign this letter of agreement on its behalf;hereby ' declare that The Union Pacific Railroad concurs with the proposed project described above. 4 4 Typed Aame and Title Signature a4d date The Union Pacific Railroad, 19100 Slover Avenue,Bloomington,CA 92315 Address i; . 'r �i Note:If there are additional interested parties,make additional copies of this page. r ; 11 j I 1 i' i I` 6 Exhibit F Request to CPUC For Road Closure (; _, &Construct New Overpass 1 r !; Attachments: a, 1. Vicinity Map-Map of Immediate Vicinity i 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 l .Fi �i .0 4 l� i� 1i it 4 is :i 1? }i J 'I j ii is a ' i i r� i+ �t? ! 7 Exhibit F Request to CPUC For Road Closure i &Construct New Overpass n r• 1 a� it .r' 1: it 1i 1 t •FI t�I ttFFtF S� f� �i ATTACHMENT 1 VICINITY MAP r� f r� 'R ii a `•i 1 Exhibit F Request to CPUC For Road Closure 8 Construct New Overpass 1• 4 ii ATTACHMENT 1 HUNTS LANEIUPRR GRADE SEPARATION 121S t,... PUC 001 B-S40-WA Project Location y ;k Hunts Lane Traffic PUC B-001 8-541 00 Ln E Redea Blvd E r►d Redo Pbifft must Z. U f. � st CO100nM1°od Riverwood St. Wor RAd or.Rd j5 lam 00w, Qark� E owbnpd � ~ ! or 5 5� Waterman E W St E W AemorW P _ !F Puc s-vole-sal.6o-A VICINITY MAP Exhibit F Request to CPUC For Road Closure &Construct New Overpass .i1 c I l �i ii it �t t� is f: �i .i, ATTACHMENT 2 ROADWAY PROFILE i f! r� ei i� f t t • Exhibit F Request to CPUC For Road Closure &Construct New Overpass .! •LL`tl�.� __ rya K-.l9h.LY ■, J .1 1st \ � - d �t • '�l t it i t r� fti��t r✓; ••• 1� rat t ••• Nil :- "...4'• P' it1T�{" .,war-•--•-�---�-�...'t t �,"`3 P ROD � V �`C i .r 4s'��s` • • l ra� r r •••: a.. � C ' fY �; �t c-�•-:a . }' , at .i I s;l -i is •l� 1! I ATTACHMENT 3 BRIDGE GENERAL PLAN I i t! v s� 5{ i' �i i ;i �i Exhibit F Request to CPUC For Road Closure '! &Construct New Overpass i ti S y 0 O® % �Z � a a ILi a s x L � _71 clll�II i Ci R s It Exhibit F 000rHl d Closure &Construct New Overpass ATTACHMENT 4 AND 5 4. CEQA-NOTICE OF EXEMPTION 5. NEPA-CATEGORICAL EXCLUSION J Exhibit F Request to CPUC For Road Closure &Construct New Overpass NOTICE OF EXEMPTION ATTACHMENT 4 oQ C,, ' A J!S"I . To: o Office of Planning 4V Research From: Public Agency:Spa Bernardino Associated Governments For U.S.Mail: Street Address: Address: 1170 West 3rd Street P.O. Box 3044 1400 Tenth Street,Rm. 121 San Bernardino,CA 92410-1715 Sacramento,CA 95812-3044 Sacramento,CA 95814 0 County Clerk County of: San Bernardino CLERK OF THE BOARD Address: 385 North Arrowhead Avenue San Bernardino,CA 92415 APR 11 2006 Project Title: Hunts Lane Grade Separation at the Union Pacific Railroad Tracks COUNTY OF Project Location—Specific:Hunts Lane from north of Oliver Holmes Road to south of Riverwood SAN BERNARDINO Project Location—City: San Bernardino and Colton Project Location-County: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. y Name of Public Agency Approving Project: City of San Bernardino,City of Colton.and County of San Bernardi Name of Person or Agency Carrying Out Project: San Bernardino Associated Governments Exempt Status: (check one) ..n ❑ Ministerial(Sec.21080(6x1); 15268); 0 Declared Emergency(Sec 21080(bx3); 15269(a)): M 0 Emergency Project(Sec.21080(b)(4); 15269(bxc)); v 0 Categorical Exemption.State type and section number: 0 Statutory Exemption.State code number: Section 21080.13 Reasons why project is exempt: Statutory Exemptions are defined by Public Resources Code 21080.13 as anyy railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation. The Hunts Lane Grade Separation project is consistent with the definition of a Statutory Exemption. m i v Lead Agency Contact Person: Darren Kettle.Director of Freeway Construction Area Code/Telephone/Extension:(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 Yes G No Signature: �� Date: Title: Ed'eC!/f/yC �ir�Tor 91 Signe Lead Agency 0 Signed by Applicant Date received for filing at OPR: 03/22/06«hao/sanbagweb/sanWgporuYDocvments/04Freeway ConswctimCmde Sepema ons/Hwts Lane NOE.doco Exhibit F Request to CPUC For Road Closure &Construct New Overpass ATTACHMENT 5 CATEGORICAL EXEMPTION/6004 CATEGORICAL EXCLUSION DETERMINATION FORM Revised June 7,2007 SANBAG _TCRP01-6053(051) Dist-Co.-Rte.(or Local Agency) P.MIP.M. E.A.(State project) Federal-Aid Project No.(Local project)/Proj.No. PROJECT DESCRIPTION:(Briefly describe project,purpose,location,limits,right-of-way requirements,and activities linter project descriPUon in this text box. Use Continuation Sheet,iifnecessary 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 Huints Lane and would have four vehicle travel lanes(two lanes In each directilon)and a sidewalk and a Class 2(on road,striped)bike lane on each side. The new overhead capacity will be consistent with existing Hunts Lane,which Is four lanes wide. �, CEgA COMPLIANCE(tor State Projects onty) ` BaserT—on an examination of this proposal,supporting information,and the following statements(See 14 CCR 15300 at seq.): % If this project falls within exempt class 3.4.5,6 or 11,it does not Impact an environmental resource of hazardous or �' n�• T critical concern where designated,precisely mapped and officially adopted pursuant to law. y r -0— There will not be a significant cumulative effect on this project and successive projects of the same We In the same yr_, place,over time. There is not a reasonable possibility that the project will have a significant effect on the environment due to unusual "— circumstances. [LC. This project does not damage a scenic resource within an officially designated state scenic highway. y; � This project Is not located on a site included on any list compiled pursuant to Govt Code§65962.5('Cortese Ust'). U a This project does not pose a substantial adverse change in the significance of a historical resource. CALTRANS CEQA DETERMINATION ❑ Exempt by Statute.(PRC 21080[b]:14 CCR 15260 at seq.) Based on an examination of this proposal,supporting information,and the above statements,the project is: ❑ Categorically Exempt.Class (PRC 21084;14 CCR 15300 at seq.) ❑ Categorically Exempt.General Rule exempUon.(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(bj[3]) Signature:Environmental Branch Chief Date Signature:Project Manager 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) (htIpJ/www fhwa dot nov/heo/23cfr771 htm sec 771 117). In non-attainment or maintenance areas for Federal air quallty standards,it Ls 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 T71 activity(c)U • 23 CFR T71 activity(d)(X,J • Activity,_fisted in the MOU between FHWA and the State 2o07 5 r /!� D to .Environmental Branch Chief Date S nature: e n er/DlA Engineer Date Briefly list environmental commlbnents on continuation sheet Reference additional information,as appropriate(e.g.air quality studies,documentation of exemption from regional conformity,or use of CO Protocol;§106 commitments;§4(n:§7 results; Wetlands Finding;Floodplain Finding:additional studies:and design conditions).Revised June 7,2007 Page I or4 Exhibit F Request to CPUC For Road Closure &Construct New Overpass t F E TO PUBLI ` 1 1 i' EMENT AUTHO , CLOSURE PUBLIC ROAD S �. '. ss . r It AV M t t Y C• ,e STATE OF CALIFORNIA . ARNOLD SCHWARZENEGGER,Governor f PUBLIC UTILITIES COMMISSION Stb L Suet,suit 1119 } Slawnwto,CAM14 iJ�r t $ERNARDINO October 14,2009 SAN OCIATED GOV TS File Number:0.09-09-003 Hunts Lane City of Colton/San Bernardino, San Bernardino County Garry Cohoe Director of Freeway Construction San Bernardino Associated Governments 1170 W. 3'd Street,2°d Floor San Bernardino, CA 92410-1715 Re: General Order 88-B Request for Authority to Modify the Hunts Lane At-Grade Highway-Rail Crossing, identified as CPUC Crossing No. 001B-541.00 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 11, 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 1 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.001B-541.00 and DOT No. 747168J. Hunts Lane is a major north-south arterial roadway extending from Interstate 10 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-D, Section 2.1, requires a minimum vertical clearance 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 21 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 of 3 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 26-13,Section 2.1: 1. 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(-)cpuc.ca.Rov. 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 ROES. This notification may be submitted electronically to rcesna.cpuc.ca. ov. t: This project is statutorily exempt from the requirements of the California Environment Quality Act <' of 1970,as amended.[California Public Resources Code 21080.13]. c 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 i 1 Garry Cohoe San Bernardino Associated Governments - October 14,2009 Page 3 of 3 Within 30 days after completion of this project,the SANBAG 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.eyue-ca.gov/formg. This report may be submitted electronically to rcesna,cpuc.ca.gov as outlined on the web page. If you have any questions,please contact Bill Lay at 213-576-1399 or bll@cpuc.ca.gov. Sincerely, Daren Gilbert, Supervisor Rail Crossings Engineering Section Consumer Protection and Safety Division Freddy Cheung C: Union Pacific Railroad Company 19100 Slover Avenue Bloomington,CA 92316 Harry Steelman Amtrak Engineering 810 N.Alameda Street 3'd 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 is Los Angeles,CA 90013 i Exhibit F-1 Authorization by CPUC For Road Closure &Construct New Overpass i, . CL TO B EMENT • .. a' NT �y { t 't F f I 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 of the enclosed Contractor's Right offnpy Agreement.Please: 1. Fill in the complete legal name of the 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 1099,1 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.i.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 of the 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 3. Copies of all of your up-to-date General Liability, Auto Liability & Workman's Compensation Insurance Certificates (yours and all contractors), naming Union Pacific Railroad Company as additional insured; 4. Copy of your up-to-date Railroad Protective Liability Insurance Certificate (yours and all contractors),naming Union Pacific Railroad Company as additional insured. 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 days Sincerely, PAUL G.FARRELL Senior Manager Contracts Phone:(402)544-8620 e-mail:pQfarrell@un.com Real Estate Department UNION PACIFIC RAILROAD COMPANY 1400 Douglas Street,MS 1690 Omaha.Nebraska 68179-1690 fax:402.501.0340 Contractors ROE 06/01/10 Standard Form Approved,AVP-Law BUILDW AiY OWN Is 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 (Name of Contractor) a 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-1,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 1 - DEFINITION OF CONTRACTOR. For purposes of this 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 of the terms,provisions and conditions herein contained,to enter upon and have ingress to and egress from the property described in the Recitals, for the purpose of Contractors ROE 06/01/10 Page 1 of 4 Exhibit D Standard Form Approved,AVP-Law Contractors Right of Entry Agreement a Contractors ROE 10 Standard Form Approved,AVP-Law 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 EXHIBITS B.C AND D. The General Terns 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. ARTICLE 4- ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. 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 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 Page 2 of 4 Exhibit D Standard Form Approved,AVP-Law Contractor's Right of Entry Agreement Contractor's ROE 06/01/10 i�1t6�N0 AiMNi�CA• Standard Form Approved,AVP-Law 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 ply. 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 ofExhibit 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 HUNDRED 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 Page 3 of 4 Exhibit D Standard Form Approved,AVP-Law Contractor's Right of Entry Agreement Contractor's ROE 08/01/10 Standard Form Approved,AVP-Law UJUDIMI Aliiji MCX 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 i i Contractor's ROE 08/01/10 Page 4 of 4 Exhibit D Standard Form Approved,AVP-Law Contractor's Right of Entry Agreement s N I . RAILROAD LOCATION PRINT W E ACCOMPANYING A s CONTRACTOR'S RIGHT OF ENTRY AGREEMENT E GItN 1E Ott f , r E NOS ALftY PA �s �Df Hunts Lane Overpass-D0T No.4404928 Y'E RR MP 541.00-Yuma Subdivision New Grade Separated Public Road Crossing Construction Project r_ � M y CaR Yuma Subdl n k c xi. �.0ra Hunts Une-DOT No.7474MW A RR MP$41.00-Yuma Subdivision Existing At-Grade Public Road Crossing To Be Closed&Removed Z E d Z . / O p_ r 7 F s` l•' '� 1q ' j.: r Date uae SLj*d t0 fuse. 02007 Ddzw.Street Mw 1JM0 2008. 0 1000 20 yYY1,w ma�gp IN(12a^E) Deb Zoom 13-0 RAILROAD WORK TO BE PERFORMED: EXHIBIT"A" 1. Relocate and bury existing overhead signal lines and poles;and UNION PACIFIC RAILROAD COMPANY other signal materials. 2. Flagging&Inspection. YUMA SUBDIVISION MILE POST 541.00 GPS:N 34°03.5813',W 117°17.2481' near COLTON,SAN BERNARDINO CO.,CA. To accompany Contractor's Right of Entry Agreement with (Name of Contractor) for a new grade separated public road crossing construction project Folder No.2583-94 Date:September 21,2010 WARNING IN ALL OCCASIONS,U.P.COMMUMCATIONS DEPARTMBNr MUST BE CONTACTM IN ADVANCE OF ANY WORK TO DErERMWE EXISTMM AND LOCATION OF FMER ovnc CANA PHONE:I 48110 336-9193 Exhibit A Railroad Location Print 1 is 1 ( , 1 W law 1 ! fir. r w•i � ifl).I '$-�.' _ b I ... I Z - i -•�i Q � i I � I o �i 1 �w d „c x . I agg o o Exhibit A-1 Detailed Prints e F to•*ss A81 � � �.. r +*f IAd S 9f'*66 ^813 00'OL+££ lAd a , � I 0 g x *09+Z AAA N 00'OS+Z£ Ad I U � St'ZOOL A813 00'0£+t�6 OAd z S t'*Lo t A913 n 00'0£+6Z lAd i w z >< Z . 8 Q N a �>- jP F.- a b 1 +0 ( � +01 D LL as O �n _ Z Uu O A' - i dLZI J J -j ' RAW w x I Uy Q N dl' SL'*LOL A013 d w s 00'O6ttZ OAd Z rc i a m O U i t � � U � Bst 96166 A813 00'OZ+61 IA S °o ,o 0 99*696 A813 co a _00'09+Ll Ad N 0 1 *6'696 A213 00'Of+91 OAd Exhibit A-1 Detailed Prints ail i 4 Z W Pun 111 € i;F ' F � x Ell zL $4 ..._ all r— Uf �y I mVx+W ina R b I q ' r �E i a w I Exhibit A-1 Detailed Prints Contractor's ROE ExB 06/01110 �. Standard Form Approved,AVP-Law WJILDN4 AMMUM 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 Railroad, 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 governmental 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 regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday,health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included,computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change,at any time,by law or by agreement between Railroad and its employees,and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, 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 fumished,unless the flagman can be assigned to other Railroad work during a portion of such day,in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though 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 Railroad 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 Page 1 of 4 Exhibit B Standard Form Approved,AVP-Law General Terms and Conditions Contractors ROE ExB 06/01/10 Standard Form Approved,AVP-Law BUILDING AMEOCA' 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,7-4ay 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 Contractors ROE ExB 06/01/10 Page 2 of 4 Exhibit B Standard Form Approved,AVP-Law General Terms and Conditions Contractor's ROE ExB 06/01110 Standard Form Approved,AVP-Law BUILDING AMRRICA►' 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. B. 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. \D. 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 Plan. 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,attomey'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. B. 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 of the 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 06/01/10 Page 3 of 4 Exhibit B Standard Form Approved,AVP-Law General Terms and Conditions 9 Contractor's ROE ExB 06101/10 Standard Form Approved,AVP-Law BUILDM AMERICA' 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 Insured"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 46(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 24 17 10 01 (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 70 10 01 (or a substitute form providing equivalent coverage)for the job site. Contractor's ROE ExB 06/01/10 Page 4 of 4 Exhibit B Standard Form Approved,AVP-Law General Terms and Conditions Contractors ROE ExC 08/01/10 Standard Form Approved,AVP-Law BLNLO/ifi AMERICA' 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 12 04(or a substitute form providing equivalent coverage). The policy must also contain the following endorsement,which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing"Union Pacific Railroad Company Property"as the Designated Job Site. • 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 Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01(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: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage)showing`Union Pacific Property"as the Designated Job Site. • Motor Carrier Act Endorsement-Hazardous materials clean up(MCS-90)if required by law. C. Workers'Compensation and Emplovers'Liability,insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed. • 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 13 Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement,which must be stated on the certificate of insurance: • 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 Liability 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. �. 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. Contractors ROE ExC 06101/10 Page 1 of 2 Exhibit C Standard Form Approved,AVP-Law Insurance Requirements Contractor's ROE ExC 08101/10 Standard Form Approved,AVP-Law BUILONG Af> F. Pollution Liability,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 2415"Limited Pollution Liability 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 legal liability 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 Insured 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. f 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. Contractots ROE ExC 06/01/10 Page 2 of 2 Exhibit C Standard Form Approved,AVP-Law Insurance Requirements Contractor's ROE ExD 06/01/10 Standard Form Approved,AVP-Law BUtLMO AMBOW 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),sandals,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. 11. 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. Ill. 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 06101A0 Page 1 of 2 Exhibit D Standard Form Approved,AVP-Law Minimum Safety Requirements j a Contractors ROE ExD 06/01110 Standard Forrn Approved,AVP-Law 8UILDWQ AMIUKK (ii) Wear an orange, refiectorized 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 may or 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 lockout/tagout of equipment. • Trained in and comply with the applicable operating rules if operating any by-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 Safety)and the potential hazards of the job. If any employee has any questions or con cems 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) In passing around the ends of standing cars,engines,roadway machines or work equipment,leave at least 20 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 Page 2 of 2 Exhibit D Standard Form Approved,AVP-Law Minimum Safety Requirements +7 s s p;: C .I, Fi� C g I I ' i DATEI 2011-01-21 RSTIHATE OF MATERIAL AND FORGE ACCOUNT NOOK RY THE UNION PACIFIC RAILROAD THIS E8TIMATE GOOD FOR 6 MONTHS EXPIRATION DATE 18 0011-07-22 DESCRIPTION OF WORKI RELOCATE EXISTING OVERHEAD SIGNAL LINES AND POLES ' TO UNWROWiND IN=&MCTION HITR HUHTE LANE ORRDE 82PAMTI0H AT, SAN EBRNAROINOt CA. HURTS LAHB.t NP541.00 ON THE YU?A SUBDIVISION NORK TO OO PREFORMED BY RAILROAD WITH EXPMR AS BELOUt SIQKWTRACK — LOCAL — 100! ESTIMATED DSING STANDARD ADDITIVES - 187,62%/237.341t PIDt 67352 AHOs 02796 HP,SUBDIV9 541.00, YUMA SERVICE UNITt 20 CITYi COUPON TONER STATRi CA DESCRIPTION 0TY UNIT LABOR NOTARIAL RECOLL UPRR TOTAL --- --- ---- ----- -------- ------- ----- ----- BROXV94RIM WORK ENGINEERING 1600 1600 1600 BIG-HNY XNG 4820 4820 4820 LABOR ADDITIVE 107.521 12038 32038 1203E ------- -------- -------- TOTAL ELGINEERING 18468 1845E 18468 8I011AL WORK SIGNAL N/C 34004 26537 12640 39177 39177 SIGNAL N/C 34007 6634 6634 6634 PERSONAL 8XPOHSSB 16000 15000 16000 TRANSP/I9/0E/RCIM CORM 1236 12)5 1235 CONTINGENQY 22614 22614 22614 BALES TAX SOS 505 503 LABOR ADDITIVE 187.62% 62203 62203 62203 BHVIRONNENTAL-PBRMITB 1 1 1 ------- -------- -------- -------- -------- TOTAL SIGNAL 95374 51995 147369 147369 TRACK & SURFACU WORK RDXIEG 2991 2991 2991 IABOR ADDITIVE 237.344 4558 4550 4555 ------- ------ ------ -------- -------- TOTAL TRACK &SURFACE 7549 7549 7549 LAEOR/M4TERIAL EXPENSE 123361 5]998 -------- -------- RECOLLECTIOLB/UPRR RXPENBX 173376 -------- ESTIMATED PROJECT COST 173376 THE ABOVE FIGURES AM ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVBHT OP AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR ROQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. i H Railroad's Signal Material 41im e TO PUBLI - c; - r r' EMENT RAIL TE fi WIL1fIM AMEP" r` < 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 $180,000.00 $180,000.00 (at$1,000/day) X 180 days 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 8 Inspection Estimate TO PUB �!` i I EMENT � vY u � i t9y ti, r. ��Y 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: Project Cost UPRR Theoretical Cost 5% Roadway and General Civil $ 6,374,000 $223,090(70%) Traffic $ 424,000 Drainage $ 749,000 $ 27,790(70%) Water&Sewer Relocation $ 1,505,000 Electrical $ 668,000 Landscaping $ 271,000 Structures $14,869,000 $ 743,450 Railroad Work $ 648,000 $ 32,400 Utility Relocation $ 4,000,000 Contingency(10 0%) $ 2,956,000 Construction Management and Inspection $ 4,877,000 $ 170.695(70%) Subtotal $37,386,000 $1,197,425 Engineering&Right of Way: Right of Way $2,200,000 Engineer M design/Environmental $2,463,000 $ 86,205(70%) Subtotal $4,663,000 Total Estimated Project Cost $42,049,000 $1,283,630 Exhibit H-2 Theoretical Structure Estimate Page 1 of 1 Margaret Fedor From: Margaret Fedor Sent: Monday, April 18, 2011 12:29 PM To: Michael Grubbs Subject: Outstanding Agreement Hi Mike, I know it is still a ways off but I just wanted to give you a reminder that the agreement listed below is still outstanding: At the Mayor and Common Council meeting of March 7, 2011, the City of San Bernardino adopted Resolution No. 2011-63- Resolution of the City of San Bernardino authorizing execution of a Public Highway Crossing Agreement with San Bernardino Associated Governments (SANBAG), the City of Colton and the Union Pacific Railroad Company (UPRR)for the design, construction and maintenance of a grade separation on Hunts Lane at the UPRR South of Redlands Boulevard(SSO4-51). Please note that the agreement will be null and void if not executed by September 3, 2011. Thanks C „)t„) Margaret Fedor Executive Assistant to the City Clerk City of San Bernardino 300 N. D St. San Bernardino, CA 92418 Office (909) 384-5002 Fax (909) 384-5158 www.s_bcity.org www.facebook.com/sbeity ov 4/18/2011 v