ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
6 Packet Pg. 138
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
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ITEM NO. 7
STAFF REPORT
DATE: APRIL 15, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS,
SUBJECT: APPROVE HIGHWAY OVERPASS AGREEMENT WITH UNION
PACIFIC RAIL ROAD (UPRR) FOR THE MT. VERNON AVE. OVER
UPRR TRACK BRIDGE WIDENING PROJECT AND APPROVE AND
ADOPT A RESOLUTION AMENDING THE FY 24-25 CAPITAL
IMPROVEMENT BUDGET FOR MT. VERNON AVE. OVER UPRR
TRACK BRIDGE WIDENING PROJECT, RESOLUTION NO. R-26-25.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Highway Overpass Agreement with Union Pacific Railroad (UPRR) for Mt.
Vernon Ave. Over UPRR Track Bridge Widening Project and authorize the City Manager to execute the agreement.
2. Approve Resolution No. R-26-25 amending FY 24-25 budget increasing allocation for Mt.
Vernon Ave. Over UPRR Track Bridge Widening Project.
BACKGROUND
The Mount Vernon Avenue Bridge over UPRR railroad tracks serves as a major link between the northeast parts of Colton and the area known as the Cooley Ranch area. It also serves as an alternative route and arterial link between the I -10 and I-215 Freeways. The existing bridge is a two (2) lane concrete bridge. Since this bridge is very close to the I -10 Freeway eastbound on and off ramps, the lane capacity of the bridge is not sufficient, especially during the morning and afternoon peak hour traffic.
7 Packet Pg. 206
Staff Report to the Mayor and City Council
Agreement - Union Pacific Rail Road (UPRR)
April 15, 2025
The scope of work for the project includes seismic retrofit and widening of the existing bridge.
The bridge widening will add structure to the existing bridge to accommodate two additional lanes, a shoulder/bikelane and a sidewalk on the west side of the bridge.
ISSUES/ANALYSIS
On March 4, 2025, the City Council authorized city staff to negotiate with UPRR and the City of Riverside for the right of way needs for the project. The project needs temporary construction easements and permanent road and bridge easements from UPRR consisting of three parcels (Exhibit B). As part of negotiation with UPRR, they indicated that these easements will be part of the Public Highway Overpass Agreement (Exhibit A). The agreement will grant rights to the City the following construction and maintenance activities:
a. The right to construct, maintain and repair the bridge structure over and across the crossing area; and
b. The right to construct, maintain and repair the bridge footing areas.; and c. Use the temporary construction area on the Railroad’s property.
On March 19, 2025, the City received notification from Caltrans that they approved additional Highway Bridge Program (HBP) funding for the Project in the amount of $1,041,113 (Exhibit C). The cost of the agreement with UPRR is $1,231,780 and it will be funded through HBP, and Arterial Measure I and Traffic Impact Fee fundings. The project will have sufficient funding to cover cost for the UPRR Public Highway Overpass Agreement upon approval of Resolution No. 26-25 (Exhibit D).
FISCAL IMPACTS
Mt. Vernon Ave. Over UPRR Track Bridge Widening Project will be funded through HBP, Arterial Measure I and Traffic Impact Fee. Adoption of Resolution R -26-25 will approve the funding for the project as follows:
Account Number Current
Balance
Resolution No.
R-26-25 Total Fund
Federal Fund - 450-1307-6987-3890 $ 353,927.01 $1,041,113 $1,395,040.01 Traffic Impact - 450-1307-6971-3890 $ 24,783.41 $133,619 $158,402.41 Arterial Measure I - 450-1307-6900-3890 $ 23,440.43 $172,847 $196,287.43 Total $402,150.85 $1,347,579 $1,749,729.85
Arterial Measure I is reimbursable thr ough SBCTA. The cost sharing percentage between the two funding are based on the SBCTA nexus study for the Measure I 2010 -2040 Strategic Plan.
Regional Traffic Impact Fee (Development Fee) represents 43.6% of the cost breakdown and Arterial Measure I represent 56.4%.
7 Packet Pg. 207
Staff Report to the Mayor and City Council
Agreement - Union Pacific Rail Road (UPRR)
April 15, 2025
ENVIRONMENTAL IMPACTS
The California Environmental Quality Act (CEQA) for the Project was filed on September 24, 2020. Caltrans approved the National Environmental Quality Acts (NEPA) for the Project on February 23, 2018.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Public Highway Overpass Agreement with UPRR
2. Exhibit B - Mt.Vernon_Right of Way Map - 2024.04.02
3. Exhibit C - Letter from Caltrans for Additional RW fund
4. Exhibit D - Resolution to set funding
7 Packet Pg. 208
Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-
Law
1 UP Real Estate Project No.: 0730433
PUBLIC HIGHWAY OVERPASS AGREEMENT
Mt. Vernon Avenue
DOT 746988D
MP 539.69 – Yuma Subdivision
Colton, San Bernardino County, California
THIS AGREEMENT ("Agreement") is made and entered into as of the __________ day of ________________, 20___ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY , a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad") and CITY OF COLTON , a municipal corporation or political subdivision of the State of California to be addressed at 160 South Tenth Street, Colton, California 92324 ("Political Body").
RECITALS:
By instrument dated February 21, 1966, the Southern Pacific Company and the County of San Bernardino entered into an agreement (the “Original Agreement”) covering the construction, use, maintenance and repair of a grade separated overpass structure that carries vehicular traffic traversing on Mt. Vernon Avenue over Railroad's track(s) at Railroad’s Milepost 539.69 at DOT Number 746988D, on Railroad’s Yuma Subdivision at or near Colton, San Bernardino County, California.
The Railroad named herein is successor in interest to the Southern Pacific Company.
The Political Body now desires to undertake as its project (the “Project”) the reconstruction and widening of the structure that was constructed under the Original Agreement and the construction of piers on Railroad Property. The reconstructed structure as widened is hereinafter the “Structure”. The Political Body’s type, size and location prints of the Structure are marked Exhibit A-1, attached hereto and hereby made a part hereof.
The right of way granted by the Southern Pacific Company to the Political Body under the terms of the Original Agreement or a separate document is not sufficient to allow for the reconstruction and widening of the S tructure. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body so that the Political Body can perform the Project work. The portion of Railroad’s property that Political Body needs for the reconstructed Structure (including the right of way area covered under the Original Agreement or a separate document ) is shown on the print marked Exhibit A attached hereto and hereby made a part hereof (the “Crossing Area”).
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-
Law
2 The Railroad and the Political Body are entering into this Agreement to cover the above.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between t he parties her eto as follows:
Section 1. EXHIBITS B AND D
The ge neral terms and conditions marked Exhibit B, and the Railroad’s Coordination Requirements marked Exhibit D, are attached hereto and hereby made a part hereof.
Section 2. RAILROAD GRANTS RIGHT
For and in consideration of the sum of ONE MILLION TWO HUNDRED THIRTY- ONE THOUSAND SEVEN HUNDRED EIGHTY DOLLARS ($1,231,780.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body:
(i
) the right to construct, maintain and repair the Structure over and across the Crossing Area; and
(ii) the right to construct, maintain and repair the footing areas (“Pier Locations Area”) as shown in Exhibits A and A-1; and
(iii) a temporary construction area on the Railroad’s property as shown on Exhibit A (“Temporary Construction Area”). Political Body ’s use of the Temporary Construction Area shall be subject to the terms and conditions of this Agreement and the obligation of the Political Body and its contractors to comply with such provisions. The Temporary Construction Area granted herein shall commence as of the effective date of this Agreement and continue for thirty-six (36) months, or until the project has been completed, whichever occurs earlier.
Section 3. DEFINITION OF CONTRACTOR
F
or purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the C ontractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-
Law
3 Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE
A. Prior to Contractor performing any work within the Crossing Area involving the Project, and any subsequent maintenance or repair work, the Political Body shall require the Contractor to:
• execute the Railroad's then current Contractor's Right of Entry Agreement
• obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements to the Railroad.
B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit E, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property.
Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.
C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:
Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP Project No. 0730433
D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval.
Section 5. FEDERAL AID POLICY GUIDE
If the Political Body will be receiving any federal funding for the Project the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-
Law
4 Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The P
olitical Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project.
Se
ction 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO PO LITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate dated April 4, 2024, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is One Hundred Thirty Thousand Dollars ($130,000.00).
B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Political Body in the event the Politic al Body does not commence construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimate.
C. The Political Body acknowledges that the Estimate may not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for s
uch costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing.
D. The Railroad shall send progressive billing to the Political Body during the Project, and final billing to the Political Body within three hundred sixty-five (365) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed and the Railroad Representative named in Exhibit D has closed the Project work order and notified the Political Body.
E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project inc luding, but not limited to, all
actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates .
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-
Law
5 Section 8. PLANS
A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering- Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all appurtenances, associated drainage, shoring, sheeting and excavations for bents and/or abutments next to or adjacent to the Railroad’s tracks and, if applicable, all demolition and removal plans for the existing structure.
B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering- Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.
C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.
D. Upon completion of the Structure, the Political Body, at its expense, shall furnish to the Railroad a legible electronic set of reproducible “as constructed” Plans of the Structure.
E. The Railroad's review and approval of the Plans in no way relieves the Political Body 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 Body or Contractor on the Plans is at the risk of the Political Body and Contractor.
Section 9. NON-RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non- railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section
8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines.
Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right -to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-
Law
6 B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators.
Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities.
S
ection 10. RAILROAD’S COORDINATION REQUIREMENTS
The Political Body, at its expense, shall ens ure that the Contractor complies with all of the terms and conditions contained in the Railroad’s Coordination Requirements that are described in Exhibit D, attached hereto and hereby made a part hereof, and other special guidelines and/or requirements that the Railroad may pr ovide to the Political Body for this Project.
Section 11. EFFECTIVE DATE; TERM; TERMINATION
A. This Agreement is effective as of the Effective D ate first herein written and shall continue in full force and effect for as long as the Structure remains on the Railroad’s property.
B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date.
C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans.
Section 12. CONDITIONS T O BE MET BEFORE
P OLITICAL BODY CAN COMMENCE WORK
N
either the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until:
(i
) The Railroad and the Political Body have executed this Agreement.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-
Law
7 (ii) The Railroad has provided to the Political Body the Railroad’s written approval of the Plans.
(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.
(iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contractor's Right of Entry Agreement.
Section 13. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Structure shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.
Section 14. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. Political Body shall not assign this Agreement without the prior written consent of Railroad.
B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body.
Section 15. SPECIAL PROVISIONS PERTAINING TO AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-
Law
8 to audit the Railroad's billing and documentation for the Project as provided in Section 9 of Exhibit B of this Agreement.
Section 16. TERMINATION OF ORIGINAL AGREEMENT
U
pon the completion of the Structure, the Original Agreement shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Structure.
7.a
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-
Law
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By ________________________________
Printed Name: _______________________
Title:_______________________________
CITY OF COLTON
By________________________________
Printed Name: William R. Smith
Title: City Manager
Attest:
By________________________________
Isaac Suchil, City Clerk
Approve as to Form:
By________________________________
Best Best & Krieger LLP, City Attorney
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-Law
E
XHIBIT A
TO
PUBLIC HIGHWAY OVERPASS AGREEMENT
E
xhibit A will be a print showing the Crossing Area (see Recitals)
7.a
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) ORIGINAL AGREEMENT · · · · · · · · · ·
STRUCTURE · · · · · · · · · · · · · · · · · · ·
::=====::::
TEMPORARY CONSTRUCTION AREAi
:::· =====:::::
FOOTINGS AREA················
UPRRCO. R/W OUTLINED········ --- ---·
CADD 0730433 FILENAME
SCAN AERIAL PRINT FILENAME
NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISIONS.
EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
COLTON, SAN BERNARDINO COUNTY, CA
M.P. 539.69 - YUMA SUB.
SP/CA/V33/14BS
SCALE: 1" = 100'
OFFICE OF REAL ESTATE OMAHA, NEBRASKA DATE: 2-21-2025
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-Law
E
XHIBIT A-1
TO
PUBLIC HIGHWAY OVERPASS AGREEMENT
E
xhibit A-1 will be the type, size and location prints of the Structure (see Recitals).
7.a
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Mt Vernon Ave
Santa Ana River
Valley Blvd
M Street
H StreetH Street
Vernon CtMission St
“” “ ”
“” “ ”
”
CITY OF COLTONCOUNTY OF SAN BERNARDINO, CALIFORNIAMT. VERNON AVENUE UPRR BRIDGE WIDENING PROJECTFROM M STREET TO NORTH OF I-10 EAST BOUND ON AND OFF RAMP Know what'sbelow.Callbefore you dig. Ontario, California 917643190 C. Shelby StreetTel: (909) 890-9693 Fax: (909) 890-9694A LOCHNER COMPANY
7.a
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Know what'sbelow.Callbefore you dig. Ontario, California 917643190 C. Shelby StreetTel: (909) 890-9693 Fax: (909) 890-9694A LOCHNER COMPANY
7.a
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Know what'sbelow.Callbefore you dig. Ontario, California 917643190 C. Shelby StreetTel: (909) 890-9693 Fax: (909) 890-9694A LOCHNER COMPANY
7.a
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR))
ELEVATION
1" = 20'
82+00
79+00
47'-112"± 49'-1"± 88'-67 8"± 88'-57 8"± 48'-5"±
321'-814" ± MEASURED ALONG "M" LINE
BB EB
78+00
+6.45% -6.43 %
Sta 77+20.00 BVC
Elev 985.83
Sta 83+20.00± EVC
Elev 985.89
600'± VC
R/C = -2.147%/Sta
BENT 2 BENT 3 BENT 4 BENT 5
Abut 1 Abut 6
79+00
DATUM Elev 935.00
80+00 81+0078+00
BB "M" 78+56.70±
Elev 992.64±
EB "M" 81+78.39±
Elev 992.84±
6'-2"
6'
12'
12'
12'
12'
6'2:1
2:1
11 2 :1
2:1
11 2:1
2:1
TOE OF FILL
4'
&
Direction of Traffic
Existing Structure
Bridge Removal (Portion)
Closure Pour
Point of Minimum Vertical Clearance
Electrolier, See ROADWAY PLANS
Deck Drain, Type C
Paint "Br. No. 54C0101"
Paint "Mt Vernon Ave OH"
MGS, See ROADWAY PLANS
Slope Paving, Full Slope
Structure Approach Type N (30S)
Structure Approach Type R (30S)
Retaining Wall, See "RETAINING WALL PLANS"
PC/PS Conc
I Girder
Deck Drain Type C
Exist Retaining Wall to be Removed, See ROADWAY PLANS
Conc Barrier Type 60D, See ROADWAY PLANS
Chain Link Railing Type 3 (Mod)
Temporary K-rail, see ROADWAY PLANS
R
D
YT052
C
A B
Q
Q
Q
TOE OF FILL
TOP OF FILL
Exist Mt VERNON Ave
= "M" LINE
TOP OF FILL
& BA
P
Q
Replace Bridge Deck
Replace Girder End Diaphragm
R
TOP OF FILL
TOE OF FILL
F
TOP OF FILL
R
P
C
D
K
P
Q
MT1
YT112
YT154
NEAREST
SCE POWER
OH LINE, Typ
F
E
E
E
TOP OF RAIL, Typ
NOTES:
1. For information not shown, see "GENERAL PLAN No. 2" sheet.
2. For "PILE DATA TABLE", see "FOUNDATION PLAN" sheet.
3. For "RAILROAD GENERAL NOTES" and "GENERAL SHORING NOTES", see "DECK CONTOUR" sheet.
SEISMIC RETROFIT LEGEND:
LEGEND:
UPRR TRACK, Typ
UPRR
TRACK, Typ
STEEL PIPE PILE, Typ
(CLASS 200)
STEEL PIPE PILE, Typ
(CLASS 200)
"M" LINE - CURVE
R = 449.97' ±
Δ = 75°23'30" ±
T = 347.72' ±
L = 592.09' ±
MT 2
G
S 46°50'49" W
R=449.97'±
R=435.36'±
DFG
PCC "M" 78+30.92
G
1 1
NOTES:
25'-3"±
Min Clr
UPRR R/W
Approx OG
ALONG EDGE OF
WIDENING
UPRR R/WUPRR R/W
FT1
C
I
A
B
C
D
E
F
G
I
J
K
Q R
RQ
D
D
L L
L
23'-4" Min
PLAN
1" = 20'
TO COLTON
TO GRAND TERRACE
FG
M
TOE OF FILL
M
MISSION STREET
ABBREVIATION
Abut = ABUTMENT
Approx = APPROXIMATE
Ave = AVENUE
BB = BEGINNING OF BRIDGE
BC = BEGIN HORIZONTAL CURVE
Brg = BEARING
CFRP = CARBON FIBER REINFORCED POLYMER
Clr = CLEAR, CLEARANCE
Conc = CONCRETE
Dia = DIAMETER
EA = EACH
EB = END OF BRIDGE
EC = END HORIZONTAL CURVE
Elev = ELEVATION
Exist = EXISTING
Exp = EXPANSION
FG = FINISHED GRADE
FL = FLOW LINE
Ftg = FOOTING
Jt = JOINT
L = LENGTH
Ln = LANE
LOL = LAYOUT LINE
Longit = LONGITUDINAL
Med = MEDIAN
MGS = MIDWEST GUARDRAIL SYSTEM
Min = MINIMUM
Mod = MODIFIED
OG = ORIGINAL GROUND
OH = OVERHEAD
PCC = POINT OF COMPOUND CURVE
PC/PS = PRECAST PRESTRESSED
PC/RC = PRECAST REINFORCED CONCRETE
PG = PROFILE GRADE
R = RADIUS
R/W = RIGHT OF WAY
Reinf = REINFORCEMENT
SCE = SOUTHERN CALIFORNIA EDISON
SQFT= SQUARE FEET
Str = STRUCTURE
T = TANGENT
Temp = TEMPORARY
Tot = TOTAL
Typ = TYPICAL
T/R = TOP OF RAIL
UON = UNLESS OTHERWISE NOTED
UPRR = UNION PACIFIC RAILROAD
Vert = VERTICAL
WW = WINGWALL
WWLOL = WINGWALL LAYOUT LINE
EC
"M" 84+23.01
Min Clr
25'-3"±
6'-8"± Min
Clr
23'-9"±
Exist Min Clr
8'-7"±
Min to R/W
(To BENT FACE)
PROFILE GRADE
NO SCALE
JTyp
23'-9"± Min Clr
MATCH Exist
M" 81+74.92
"M" 80+21.54
"M" 81+20.30
"M" 78+49.73
27°43'19"±
SKEW
06°23'36"±
SKEW
05°05'06"±
SKEW
10°44'58"
SKEW
22°36'20"±
SKEW
81+00
17°13'25"±
SKEW
"M" 79+59.42
"M" LINE
E
N
N
N
82+00
80+00
Abut Seat Extension
RETAINING
WALL No. 1
G RETAINING
WALL No. 2
11 2 :1
Var
C
31'-1"±
Min Clr
45'-11"±
Min Clr
45'-11"
CITY OF COLTON
Know what's below.
Call before you dig.
11870 Pierce Street, Suite 265
Riverside, CA 92505
Phone: 951-687-1005
Fax: 951-667-3387
Engineers
Inc
PUBLIC WORKS DEPARTMENT
THE CITY OF COLTON, ITS OFFICERS,
OR AGENTS SHALL NOT BE
RESPONSIBLE FOR THE ACCURACY OR
COMPLETENESS OF ELECTRONIC OR
SCANNED COPIES OF THIS PLAN SHEET.
100% PLANS
NOT FOR CONSTRUCTION
NOTE:
THE CONTRACTOR SHALL VERIFY ALL
CONTROLLING FIELD DIMENSIONS BEFORE
ORDERING OR FABRICATING ANY MATERIAL.
Q
U
Y
ET TR O NG NGUYE
N
MOUNT VERNON AVE OH (WIDEN)
GENERAL PLAN No. 1
S-1
ANTI-GRAFFITI COATING APPLICATION NOTES:
Apply anti-graffiti coating to the following surfaces:
1. Exposure surfaces of all bent walls and abutments.
2. Exterior faces of the exterior girders.
3. All faces of the bridge railings.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR))
TYPICAL SECTION
1" = 10'
34'-0"±
Exist BRIDGE
Exist MT VERNON AVE
= Exist BRIDGE
= "M" LINE
6%
Approx OG
1'-9"6'-0"12'-0"12'-0"
20'-2"±
WIDENING
VARIES
CLOSURE POUR
Conc BARRIER
(TYPE 732SW)
BIKE
Ln
SW BIKE
Ln
Conc BARRIER
(TYPE 842)
72'-11"
VARIES
CLOSURE POUR
4'-0"12'-0"12'-0"6'-0"6'-2"1'-0"
18'-9"±
T/R
6'-8"± Min Clr
5'-4
78"±
**
4'-10"
*
SCE POWER
OH, Typ
MD
WIDENING
Q
P
CHAIN LINK RAILING
(TYPE 3 Mod)
*AT BEARING
** AT BEARING (5'-238"± Exist STRUCTURE DEPTH)
CHAIN LINK RAILING
(TYPE 7 Mod)
I
H
4-4" Dia OPENING
FOR FUTURE UTILITY
PG
2" Dia LIGHTING
CONDUIT, Typ EA SIDE3" Dia SIGNAL
CONDUIT
Typ
Typ
8" Dia DRAINAGE PIPE
VARIES
STAGE 2 CONSTRUCTION
VARIES
STAGE 1 CONSTRUCTION
N N
Existing Structure
Bridge Removal (Portion)
Closure Pour
Point of Minimum Vertical Clearance
PC/PS Conc I Girder I
NOTES:
Temporary K-rail, see ROADWAY PLANSN
LEGEND:
Retaining Wall, See "RETAINING WALL PLANS"G
CITY OF COLTON
Know what'sbelow.
Callbefore you dig.
11870 Pierce Street, Suite 265
Riverside, CA 92505
Phone: 951-687-1005
Fax: 951-667-3387
Engineers
Inc
PUBLIC WORKS DEPARTMENT
THE CITY OF COLTON, ITS OFFICERS,
OR AGENTS SHALL NOT BE
RESPONSIBLE FOR THE ACCURACY OR
COMPLETENESS OF ELECTRONIC OR
SCANNED COPIES OF THIS PLAN SHEET.
100% PLANS
NOT FOR CONSTRUCTION
NOTE:
THE CONTRACTOR SHALL VERIFY ALL
CONTROLLING FIELD DIMENSIONS BEFORE
ORDERING OR FABRICATING ANY MATERIAL.
Q UY ET
TR
O
N
G
NGUYEN
MOUNT VERNON AVE OH (WIDEN)
GENERAL PLAN No. 2
S-2
SPECTRAL ACCELERATION, SA(g)
PERIOD (SEC)
HL93 and Permit Design Load.
DESIGN:
SEISMIC DESIGN:
DEAD LOAD:
LIVE LOADING:
SEISMIC LOADING:
CONCRETE:
STRUCTURAL STEEL:
0.0 0.5
1.0 1.5
5% DAMPING
0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.04.55.0
AASHTO LRFD Bridge Design Specifications, 2017 Edition with California Amendments, Preface Dated April 2019 with 2022 Errata Caltrans Standard Plans and Specifications, 2023 Edition Caltrans Structure Technical Policies as of 11/2023
Soil Profile: vS30 = 311 m/s
Peak Ground Acceleration: 0.88 g
Moment Magnitude: 7.7 max
2.0 DESIGN ARS CURVE
GENERAL PLAN No. 1
GENERAL PLAN No. 2
SUGGESTED BRIDGE STAGING PLAN
DECK CONTOURS
BRIDGE REMOVAL (PORTION) DETAILS
FOUNDATION PLAN
ABUTMENT 1 LAYOUT
ABUTMENT 6 LAYOUT
ABUTMENT PILE LAYOUT
ABUTMENT DETAILS No. 1
ABUTMENT DETAILS No. 2
ABUTMENT DETAILS No. 3
ABUTMENT DETAILS No. 4
ABUTMENT DETAILS No. 5
ABUTMENT DETAILS No. 6
BENT 2 LAYOUT
BENT 3 LAYOUT
BENT 4 LAYOUT
BENT 5 LAYOUT
BENT PILE LAYOUT No. 1
BENT PILE LAYOUT No. 2
BENT DETAILS No.1
BENT DETAILS No.2
BENT DETAILS No.3
TYPICAL SECTION No. 1
TYPICAL SECTION No. 2
GIRDER LAYOUT No. 1
GIRDER LAYOUT No. 2
ADDITIONAL DECK REINFORCEMENT No. 1
ADDITIONAL DECK REINFORCEMENT No. 2
GIRDER DETAILS No. 1
GIRDER DETAILS No. 2
GIRDER DETAILS No. 3
PRECAST PRESTRESSED I GIRDER No. 1
PRECAST PRESTRESSED I GIRDER No. 2
GIRDER STRENGTHENING DETAILS
CHAIN LINK RAILING TYPE 7 (MOD)
CHAIN LINK RAILING TYPE 3 (MOD)
JOINT ARMOR FOR PEDESTRIAN WALKWAYS
STRUCTURE APPROACH DRAINAGE DETAILS
DECK DRAIN LAYOUT AND DETAILS
DECK DRAIN - TYPE C
SLOPE PAVING LAYOUT
SLOPE PAVING DETAILS
LOG OF TEST BORING No. 1
LOG OF TEST BORING No. 2
INDEX TO PLANS
SHEET No. SHEET TITLESHEET No. SHEET TITLE
LOAD AND RESISTANCE FACTOR DESIGN
GENERAL NOTES
QUANTITES
S-1
S-2
S-3
S-4
S-5
S-6
S-7
S-8
S-9
S-10
S-11
S-12
S-13
S-14
S-15
S-16
S-17
S-18
S-19
S-20
S-21
S-22
S-23
S-24
S-25
S-26
S-27
S-28
S-29
S-30
S-31
S-32
S-33
S-34
S-35
S-36
S-37
S-38
S-39
S-40
S-41
S-42
S-43
S-44
S-45
S-46
TEMPORARY PEDESTRIAN SIDEWALK
HEALTH AND SAFETY PLAN
STRUCTURE EXCAVATION (BRIDGE)
STRUCTURE EXCAVATION (TYPE H)
STRUCTURE BACKFILL (BRIDGE)
FURNISH PILING (CLASS 200) (ALTERNATIVE W)
DRIVE PILE (CLASS 200) (ALTERNATIVE W)
STRUCTURAL CONCRETE, BRIDGE FOOTING
STRUCTURAL CONCRETE, BRIDGE
STRUCTURAL CONCRETE, BRIDGE (POLYMER FIBER)
STRUCTURAL CONCRETE, APPROACH SLAB (TYPE N)
STRUCTURAL CONCRETE, APPROACH SLAB (TYPE R)
DRILL AND BOND DOWEL
DRILL AND BOND DOWEL (RESIN CAPSULE ANCHOR)
FURNISH PRECAST PRESTRESSED CONCRETE GIRDER (40'-50')
FURNISH PRECAST PRESTRESSED CONCRETE GIRDER (80'-90.5')
ERECT PRECAST PRESTRESSED CONCRETE GIRDER
JOINT SEAL (MR 2")
BAR REINFORCING STEEL (BRIDGE)
BRIDGE REMOVAL (PORTION)
REPLACE BEARING PAD
CARBON FIBER REINFORCED POLYMER SHEET
SLOPE PAVING (CONCRETE)
MISCELLANEOUS METAL (BRIDGE)
BRIDGE DECK DRAINAGE SYSTEM
ANTI-GRAFFITI COATING
CHAIN LINK RAILING (TYPE 3 MODIFIED)
CHAIN LINK RAILING (TYPE 7 MODIFIED)
CONCRETE BARRIER (732SW)
CONCRETE BARRIER (TYPE 842)
NOTE: For information not shown, see "GENERAL PLAN No.1" sheet.
Includes 35 psf for Future Wearing Surface.
The deck load between the girders has been increased by a factor of 10% to allow for the use of steel deck forms.
New Construction Exist Structure (Assumed
for seismic evaluation)
fy = 60 ksify = 44 ksi
f'c = 4.0 ksif'c = 5.0 ksi
n = 8
See "PRESTRESSING NOTES"
ON "PRECAST PRESTRESSED
I GIRDER" sheet
CALTRANS
STANDARD PLAN SHEET No.
DETAIL No.
SECTION IDENTIFICATION
PLAN SYMBOLS
LUMP
LUMP
525
757
890
8,274
153
315
603
748
100
103
1,055
64 18
12 30
156
535,580
LUMP
10 9,293
138
327
10,130
27,820
363
367
363
367
SUM
SUM
CY
CY
CY
LF
EA
CY
CY
CY
CY
CY
LF
EA
EA
EA
EA
LF
LB
SUM
EA
SQFT
CY
LB
LB
SQFT
LF
LF
LF
LF
Exist PC/PS Conc I Girder or PC/RC I Girder
H
fy = 36 ksi ASTM A36
HSS: fy = 50 ksi
CALTRANS SEISMIC DESIGN CRITERIA (SDC), Version 2.0
Dated April 2019 with 2020 Errata.
Memo to Designer 20-4, Seismic Retrofit Guidelines for Bridge in California, dated June 2016
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR))
EDGE OF DECK
"M" LINE
Exist EDGE OF DECK
Exist EDGE OF DECK
Exist FLOW LINEEDGE OF DECK
BENT 2
BENT 3
BENT 4
BENT 5
Brg Abut 6
Brg Abut 1
BB
80 82
81 80
79 EB
996
997
995
994
993
992
991
990
993
992
991
990
989
Exist FL
Structural Concrete, Bridge
PC/PS I Girder, see "PRECAST PRESTRESSED I GIRDER" sheet Structural Concrete, Bridge (Polymer Fiber)
Structural Concrete, Bridge Footing
Structural Concrete, Approach Slab (Type N or Type R)
LEGEND:
Abut 1
BENT 5 BENT 2BENT 3BENT 4
Abut 6
PUBLIC WORKS DEPARTMENT
CITY OF COLTON
Know what'sbelow.
Callbefore you dig.
11870 Pierce Street, Suite 265
Riverside, CA 92505
Phone: 951-687-1005
Fax: 951-667-3387
Engineers
Inc
MOUNT VERNON AVE OH (WIDEN)
THE CITY OF COLTON, ITS OFFICERS,
OR AGENTS SHALL NOT BE
RESPONSIBLE FOR THE ACCURACY OR
COMPLETENESS OF ELECTRONIC OR
SCANNED COPIES OF THIS PLAN SHEET.
NOTE:
THE CONTRACTOR SHALL VERIFY ALL
CONTROLLING FIELD DIMENSIONS BEFORE
ORDERING OR FABRICATING ANY MATERIAL.
100% PLANS
NOT FOR CONSTRUCTION
Q UY ET
TR
O
N
G
NGUYEN
PLAN
1" = 20'-0"
LEGEND:
Indicates 20' Intervals along "M" Line
Indicates Existing Structure
S-4
DECK CONTOURS
1. Railroad requires review and approval of all submittals for shoring, demolition, erection and falsework. No work shall be allowed prior to written railroad approval. Allow a minimum of four weeks for the review and approval of each submittal unless specified otherwise in the contract special provisions. Specific conditions or complex scope of submittals may substantially increase the time for review.
2. The proposed grade separation project shall not increase the quantity and/or characteristics of the flow in the railroad's ditches and/or drainage structures. Deck drains over the railroad right of way shall not be allowed. The flow from the deck shall be contained and directed away from the railroad drainage system.
3. The elevation of the existing top-of-rail profile shall be verified before beginning construction. All discrepancies shall be brought to the railroad authority for approval prior to beginning any construction activities.
4. The contractor must submit a proposed method of erosion and sediment control within the railroad right-of-way and have the method approved by the railroad.
5. All shoring systems that impact the railroad's operations and/or supports the railroad's embankment shall be designed and constructed per current railroad guidelines for temporary shoring.
6. All demolitions within the railroad right-of-way and/or demolition that may impact the railroad's tracks or operations shall be in compliance with the current railroad demolition guidelines.
7. All erection over the railroad right-of-way shall be designed such that there is no interruption to the railroad's normal operation. Any train traffic interruption shall require prior railroad approval in writing.
8. All construction phases that may impact the railroad's normal operation shall be designed to cause no interruption to the railroad operation. Any train traffic interruption closure shall require prior railroad approval in writing.
9. All falsework clearances shall comply with the minimum construction clearances envelope.
10. All permanent clearances shall be verified prior to completion of the project.
11. For all railroad coordination during construction refer to the railroad's special provisions within the contract special provisions documents and the approved construction and maintenance (C & M) agreement.
RAILROAD GENERAL NOTES:
GENERAL SHORING NOTES:
1. All dimensions are measured perpendicular to
track.
2. Prior to commencing any work, the contractor
shall submit for approval the railroad detailed
plans indicating the nature and extent of the
track protection shoring proposed. The
contractor shall install the temporary shoring
system per the approved plans. Design of the
temporary shoring system to comply with
current Railroad Guidelines for Temporary
Shoring.
3. For excavations which encroach into Zone A,
shoring plans shall be accompanied by design
calculations. Plans and calculations must be
signed and stamped by a Professional
Engineer registered in the State of California.
15'-0"
15'-6"
NO EXCAVATION
5'-6"
1 2
ZONE A SHORING
ZONE A
SHORING
SAMPLE
EXCAVATION
GROUND LINE
ZONE A
SHORING
ZONE A
ZONE B
SHORING DESIGNED FOR
1. OSHA STANDARD LOADS
SLOPING CUTS ARE ALLOWED.
EXCAVATION PERMITTED
ZONE B
SHORING
NO SLOPING CUTS ALLOWED
TRACK
BASE OF RAIL
UPRR15'-0"
TOP OF
RAIL
TRACK
21'-6"
NO CONSTRUCTION
ACTIVITIES OR OTHER
OBSTRUCTION SHALL
BE PLACED WITHIN
THESE LIMITS
CONCRETE STRENGTH AND TYPE LIMITS
NO SCALE
MINIMUM CONSTRUCTION CLEARANCE ENVELOPE
NO SCALE GENERAL EXCAVATION ZONES
NO SCALE
NOTES:
1. Contour interval = 0.2'.
2. Contours do not include camber.
STRUCTURE
APPROACH
STRUCTURE
APPROACH
(NORMAL TO RAILROAD)
1'-9"
NO EXCAVATION
SHORING DESIGNED FOR:
1. RAILROAD LIVE LOAD SURCHARGE.
2. OSHA STANDARD LOADS.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-Law
1 E
XHIBIT B
TO
PUBLIC HIGHWAY OVERPASS AGREEMENT
SECTION 1 - CONDITIONS AND COVENANTS
A. T
he Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body 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 Body 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 Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body 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. T
he Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes.
C. T
he right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties.
D. T
he Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property and the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to the Structure, provided that such attachments shall comply with Political Body's specifications and will not interfere with the Political Body's use of the Crossing Area.
E. S
o far as it lawfully may do so, the Political Body 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.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-Law
2 F. If any property or rights other than the right hereby granted 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, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad.
SECTION 2 - CONSTRUCTION OF STRUCTURE
A. T
he Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.
B. E
xcept as may be otherwise specifically provided herein, the Political Body, at its 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 drainage facilities, guard rails or barriers, and right of way fences between the Structure and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.
C. A
ll construction work of the Political Body 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 Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, the Railroad’s Coordination Requirements set forth in Exhibit D and other guidelines furnished by the Railroad.
D. A
ll construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the Political Body and/or the Contractor.
SECTION 3 - INJURY AND DAMAGE TO PROPERTY
I
f the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-Law
3 SECTION 4 - RAILROAD MAY USE CONTRACTORS TO PERFORM WORK T
he Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract.
SECTION 5 - MAINTENANCE AND REPAIRS
A. T
he Political Body, at its expense, shall maintain, repair and renew, or cause to be maintained, repaired and renewed, the entire Structure, including, but not limited to, the superstructure, substructure, piers, abutments, walls, approaches and all backfill, grading and drainage required by reason of the Structure, as well as all graffiti removal or overpainting involving the Structure.
B. T
he Railroad, at its expense, will maintain, repair and renew, or cause to be maintained, repaired and renewed, the rails, ties, ballast and communication and signal facilities owned by the Railroad beneath the Structure.
S
ECTION 6 - SAFETY MEASURES; PROTECTION
O F RAILROAD COMPANY OPERATIONS
I
t 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 Body 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 Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property.
B. Entry on to Railroad's Property by Political Body . If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Structure, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-Law
4 C. Flagging.
(i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body 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 Political Body whether a flagman need be present and whether Political Body 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 Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement.
(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed.
One and one- half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one- half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges.
(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-Law
5 flagging position in compliance with union collective bargaining agreements, Political Body 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, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.
D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (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 Body 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 Body shall reimburse and, to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
E. No Interference or Delays. The Political Body 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.
F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, 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 Body 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 Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations.
G. Suspension of Work . If at any time the Political Body's 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 Body is being or is about to be done or
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-Law
6 prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.
H. Removal of Debris. The Political Body 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 Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body 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.
I. Explosives. The Political Body 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.
J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body 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 Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body 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 Assistant Vice President Engineering-Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.
K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Structure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad.
The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-Law
7 Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities.
L. Notice. Before commencing any work, the Political Body shall provide the advance notice that is required under the Contractor's Right of Entry Agreement.
M. 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 Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body 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 7 - INTERIM WARNING DEVICES
I
f at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the Structure has been completed.
SECTION 8 - OTHER RAILROADS
A
ll 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 9 - BOOKS AND RECORDS
T
he books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body.
SECTION 10 -.REMEDIES FOR BREACH OR NONUSE
A. I
f the Political Body 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 Structure and appurtenances in such condition as will not menace, endanger or interfere with the
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-Law
8 Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof.
B. N
onuse by the Political Body of the Crossing Area for public highway 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 Body hereunder.
C. T
he Political Body will surrender peaceable possession of the Crossing Area and Structure upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination.
SECTION 11 - MODIFICATION - ENTIRE AGREEMENT
N
o waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body 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 Body 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 Body 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.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Public Highway Overpass 03/01/2013
Standard Form Approved, AVP-Law
E
XHIBIT C
TO
PUBLIC HIGHWAY OVERPASS AGREEMENT
E
xhibit C (if applicable) will be Railroad's Material and Force Account Estimate.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) DATE:
4/4/2024
LOCATION: SUBDIVISION STATE:
Colton, CA
DOT: 746988D Yuma CA
DESCRIPTION LABOR MATERIAL UP %0 Agency % 100 TOTAL
Project Management 15,000$ -$ -$ 15,000.00$ 15,000$ Construction Submittals 15,000$ -$ -$ 15,000.00$ 15,000$ Construction Observation 100,000$ -$ -$ 100,000.00$ 100,000$ TOTAL PROJECT: 130,000$ -$ -$ 130,000.00$ $130,000 TOTAL ESTIMATED COST: $130,000
Flagging is NOT included in this estimate. Agency's are instructed to follow Union Pacific's Third Party Flagging Policy.
Please utilize the following link to Union Pacific's Third Party Flagging Policy:
https://www.up.com/real_estate/third-party-flagging/index.htm COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.
ENGINEERING
DESCRIPTION OF WORK: Engineering and other related services for work to be performed within railroad right of way. This includes project and construction management during construction activities in railroad right of way. All necessary railroad services will be billed at actual cost.
IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF
MATERIAL OR LABOR REQUIRED, THE RAILROAD WILL BILL FOR ACTUAL
UNION PACIFIC RAILROAD COMPANY
BY THE
ESTIMATE OF FORCE ACCOUNT WORK
EXHIBIT C
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. 1 7.a
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR))
EXHIBIT D
TO
PUBLIC HIGHWAY OVERPASS AGREEMENT
RAILROAD COORDINATION REQUIREMENTS
1.01 DEFINITIONS
Agreement: Agreement that has been signed, or will be signed, between Railroad and Agency covering the construction and maintenance of the Project.
Agency: City of Colton
AREMA: American Railway Engineering and Maintenance-of-way Association Contractor: The contractor or contractors hired by the Agency to perform any project w ork on any portion of R ailroad’s property an d s hall a lso include t he Contractor’s s ubcontractors a nd the Contractor’s an d subcontractor’s respective employees, officers and agents, and others acting under its or their authority.
MUTCD: Manual on Uniform Traffic Control Devices
Project: Agency’s Project Number _5065-023__ covering the overpass widening Railroad: Union Pacific R ailroad Company
Railroad Project Representative: Railroad's Manager of Industry and Public Projects for this Project (see Section 1.03)
Railroad MTM Representative: Railroad's Manager of Track Maintenance for this Project (see Section
1.03)
Requirements: The Railroad Coordinati on Requirements set forth in this Exhibit.
1.02 DESCRIPTION
This Project includes construction work within Railroad’s right -of-way. These Requirements describe coordination with the Railroad when work by the Contractor will be performed upon, over or under the Railroad right-of-way or may impact current or future Railroad operations. The Contractor will coordinate with the Railroad while performing the work outlined in this Agreement and shall afford the same cooperation with the Railroad as it does with the Agency. All submittals and work shall be completed in compliance with these Requirements, Railroad guidelines and requirements, AREMA recommendations and/or as directed by the Railroad Local Representative and/or the Railroad MTM Representative.
1.03 UPRR CONTACTS
The Ra
ilroad Project Representative for this project is:
Steven Thomas
469-724-6436
[email protected]
For R
ailroad flagging services and track work, contact the following Railroad MTM Representative:
Paul
Rojas Jr.
909-265-5020
[email protected]
1.04 PLANS / SPECIFICATIONS
The pl
ans and specifications for this Project, affecting the Railroad, are subject to the written approval by the Railroad. Changes in the plans made after the execution of the Agreement and/or the awarding of the Project to the Contractor are subject to the prior review and written approval of the Agency and the Railroad.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) No construction work shall commence until final stamped plans and/or changes to final stamped plans have been reviewed and approved by the Railroad in writing. The Railroad's review and approval of the Agency’s and/or Contractor's plans in no way relieves the Agency and Contractor from their responsibilities, obligations and/or liabilities under this Agreement, Agency’s agreement with the Contractor for the Project and/or in the separate Contractor's Right of Entry Agreement referenced in Section 1.08. R ailroad's approval will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of Agency's and/or Contractor's plans and that any reliance by the Agency or the Contractor with respect to such plans is at the risk of the Agency and the Contractor.
1.05 UTILITIES AND FIBER OPTICS
A
. A
ll installations shall be constructed in accordance with current AREMA recommendations and Railroad specifications and requirements. Railroad general guidelines and the required application forms for utility installations can be found on the Railroad website at http://www.uprr.com/reus/pipeline/install.shtml .
B
. I
t shall be the responsibility of the Contractor, at its expense, to make arrangements directly with utility companies involving the protection, encasement, reinforcement, relocation, replacement, removing or abandonment in place of non-railroad facilities affected by the Project. Railroad has no obligation to supply additional Railroad property for non- railroad facilities affected by this Project, nor does the Railroad have any obligation to permit non railroad facilities to be abandoned in place or relocated on Railroad’s property.
Any facility and/or utility that crosses Railroad right of way must be covered under an agreement with th e
R
ailroad including, without limitation, any relocations of an existing facility and/or utility.
C
. A
ny longitudinal fiber optic lines on Railroad right of way shall be treated as Railroad facilities. Project design may need to be altered to accommodate such facilities.
D
. Any fiber optic relocations or protections that are required due to this Project will be at the Agency’s expense.
1.06 GENERAL
A. I
t is essential that the proposed construction shall be performed without interference to Railro ad oper
ations and in compliance with all applicable Railroad and Federal Railroad Administration rules and regulations. The Railroad shall be reimbursed by the Contractor or Agency for train delay costs and lost revenue claims due to any delays or interruption of train operations resulting from the Contractor’s construction or other activities.
B. T
rack protection is required for all work equipment (including rubber tired equipment) operating withi n 25 f
eet from nearest rail. All work shall be designed and executed outside the temporary construction clearance envelope defined in Section 1.12.
C. T
he Contractor is also advised that new facilities within the Project may be scheduled to be built by the Railroad and that certain Contractor’s activities cannot proceed until that work is complete. The Contractor shall be aware of the limits of responsibilities, allow sufficient time in the schedule for that work to be accomplished and shall coordinate its efforts with the Railroad.
1.07 RAILROAD OPERATIONS
A. T
he Contractor shall be advised that trains and/or equipment should be expected on any track, at any time, and in either direction. The Contractor shall communicate with the Railroad MTM Representative to improve the Contractor’s understanding of Railroad traffic volume and operation at the Project site.
The Contractor’s bid shall be structured assuming intermittent track windows as defined in Section 1. 07 C
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) B. All Railroad tracks within and adjacent to the Project site are to be assumed as 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 can 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 interfer e with Railroad's operations.
C. Work windows for this Project shall be coordinated with the Agency or Contractor and the Railroad Project Representative and the Railroad MTM Representative. Types of work windows include Conditional Work Windows and Absolute Work Windows, as defined below:
1. Conditional Work Window : A period of time in which Railroad's 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 Railroad flag person will be required. At the direction of the flag person, upon approach of a train and when trains are present on the tracks, the tracks must be cleared (i.e., no construction equipment, materials or personnel within 25 feet from the nearest active track or as directed by the Railroad MTM Representative). Conditional Work Windows are available for the project subject to Railroad's local operating unit review and approval.
2. Absolute Work Window : A period of time in which construction activities are given priority over Railroad's operations. During this time the designated Railroad track(s) will be inactive for train movements and may be fouled by the Contractor. Before the end of an Absolute Work Window, all Railroad tracks and signals must be completely operational for normal train operations. Also, all Railroad, Public Utilities Commission and Federal Railroad Administration requirements, codes and regulations for operational tracks must be complied with. Should the operating tracks and/or signals be affected, the Railroad will perform inspections of the work prior to placing the affected track back into service. Railroad flag persons will be required for construction activities requiring an Absolute Work Window. Absolute Work Windows will generally not be granted. Any request will require a detailed written explanation for Railroad review and approval.
1.08 RIGHT OF ENTRY, ADVANCE NOTICE AND WORK STOPPAGES
A. Prior to beginning any work within the Railroad right -of-way, the Contractor shall enter into an agreement with the Railroad in the form of the Contractor’s Right of Entry Agreement, attached as Exhibit E , or latest version thereof provided by the Railroad. There is a fee for processing of the agreement which shall be borne by the Contractor. The right of entry agreement shall specify working time frames, flagging, inspection and insurance requirements and any other items specified by the Railroad.
B. The Contractor shall give advance notice to the Railroad as required in the Contractor’s Right of Entry Agreement before commencing work in connection with construction upon or over Railroad’s right -of- way and shall observe the Railroad rules and regulations with respect thereto.
C. All work upon the Railroad right -of-way shall be done at such times and in such a manner as not to interfere with or endanger the operations of the Railroad. Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to the Railroad MTM 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 the Railroad is available at the job site. See Section
1.21 for railroad flagging requirements.
D. The Contractor shall make requests in writing to both the Railroad Project Representative and the Railroad MTM Representative for both Absolute and Conditional Work Windows, at least two weeks in advance of any work. The written request must include:
1. Description of work to be done.
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2. The days and hours that work will be performed.
3. The exact location of the work and proximity to the tracks.
4. The type of window and amount of time requested.
5. The designated contact person for the Contractor.
The Contractor shall provide a written confirmation notice to the Railroad MTM Representative at least fifteen (15) days prior to commencing work in connection with the 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 arise from, or in connection with, the work which requires immediate and unusual actions to be made to protect operations and property of the Railroad, the Contractor shall undertake such actions. If, in the judgment of the Railroad MTM Representative, such actions are insufficient, the Railroad MTM Representative may require or provide such actions as deemed necessary. In any event, such actions shall be at the Contractor’s expense and without cost to the Railroad. The Railroad or Agency have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of the Railroad MTM Representative, the Contractor’s operations may inhibit the Railroads operations. In the event such an order is given, the Contractor shall immediately notify the Agency of the order.
1.09 INSURANCE
The Contractor shall not begin work within the Railroad’s right-of-way until the Railroad has been furnished the insurance policies, binders, certificates and endorsements required by the Contractor’s Right -of-Entry Agreement, and the Railroad Project Representative has advised the Agency that such insurance is in accordance with such Agreement. The required insurance shall be kept in full force and effect during the performance of work and thereafter until the Contractor removes all tools, equipment, and material from Railroad property and cleans the premises in a manner reasonably satisfactory to the Railroad.
1.10 RAILROAD SAFETY ORIENTATION
All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course “ Property Access Training ” and be registered prior to working on Railroad property. This training is available at https://www.up.com/aboutup/community/safety/erailsafe/up- pat/index.htm. This training is required to be completed annually. The precedin g training does not apply for longitudinal fiber optic installations.
1.11 COOPERATION
The Railroad shall cooperate with the Contractor in the scheduling of Project work with the understanding that Railroad’s train operations at the job site shall have priority over the Contractor’s activities.
1.12 CONSTRUCTION CLEARANCES
The Contractor shall abide by the twenty -one ft six inches (21.5) foot temporary vertical construction clearance defined in section 4.4.1.1 and fifteen (15) foot temporary horizontal construction clearance defined in section 4.4.1.2 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. It shall be the Contractor's responsibility to obtain such guidelines from the Agency or Railroad.
Reduced temporary construction clearances, which are less than construction clearances defined above, will require special review and approval by the Railroad.
Any proposed variance on the specified minimum clearances due to the Contractor’s operations shall be submitted to the Railroad Project Representative through the Agency at least thirty (30) days in advance of the work. No work shall be undertaken until t he variance is approved in writing by the Railroad Project Representative.
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1.13 SUBMITTALS
A. Construction submittals and Requests for Information (RFI) shall be submitted per Section 3 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects.
B. The minimum review times, as indicated in tables 3-1 and 3-2 of Section 3.10 of the BNSF and UPRR Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals.
Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals.
The details of the construction affecting the Railroad tracks and property, not already included in the contract plans, shall be submitted by the Agency to the Railroad Project Representative for the Railroad’s review and written approval before such construction is undertaken. The Railroad shall not be liable to Agency, Contractor, and or any other person or entity if the Railroad’s review exceeds a four-week review time.
C. As Built Submittals shall be submitted per Section 3 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects.
1.14 MAINTENANCE OF PROPER DRAINAGE AND DAMAGE TO RAILROAD FACILITIES
A. The Contractor, at its expense, shall be required to maintain all ditches and drainage structures free of silt or other obstructions which may result from the Contractor’s operations and to repair and restore any Railroad property, tracks and facilities of Railroad and/or its tenants.
B. The Contractor must submit a proposed method of erosion control and have the method reviewed and approved by the Railroad prior to beginning any grading on the project site. Erosion control methods must comply with all applicable local, state and federal regulations.
1.15 SITE INSPECTIONS BY RAILROAD PROJECT REPRESENTATIVE,
RAILROAD MTM REPRESENTATIVE OR RAILROAD'S CONTRACTOR
A. In addition to the office reviews of construction submittals, site observations will be performed by the Railroad Project Representative, Railroad MTM Representative or Railroad's Contractor at significant points during construction per Section 4.11 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects.
B. Site inspections are not limited to the milestone events listed in the guidelines. Site visits to check the progress of work may be performed at any time throughout the construction process as deemed necessary by the Railroad.
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 by the Contractor to the Agency for submittal to the Railroad’s Project Representative for review and approval prior to commencement of work. This schedule shall also include the anticipated dates on which the above listed events will occur. This schedule shall be updated for all critical listed events as necessary but at least monthly so that site visits may be scheduled.
1.16 RAILROAD REPRESENTATIVES
A. Railroad representatives, conductors, flag persons or watch persons will be provided by the Railroad at the expense of the Agency or Contractor (as stated elsewhere in these bid documents) to protect Railroad facilities, property and movements of its trains and engines. In general, the Railroad will furnish such personnel or other protective services as follows:
1. When any part of any equipment or object, such as erection or construction activities, is standing or being operated within 25 feet, measured horizontally from centerline, of any track on which trains
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2. For any excavation below the elevation of track subgrade when, in the opinion of the Railroad MTM Representative, the track or other Railroad facilities may be subject to settlement or movement.
3. During any clearing, grubbing, excavation or grading in proximity to Railroad facilities which, in the opinion of the Railroad MTM Representative, may affect Railroad facilities or inhibit operations.
4. During any Contractor’s operations when, in the opinion of the Railroad MTM Representative, the Railroad facilities, including, but not limited to, tracks, buildings, signals, wire lines or pipe lines, may be endangered.
B. The Contractor shall arrange with the Railroad Local Representative to provide the adequate number of flag persons to accomplish the work.
1.17 WALKWAYS REQUIRED
Parallel to 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 in width not less than fifteen feet (1 5’) perpendicular from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during working hours must be covered, guarded and/or protected as soon as practical. Walkways wit h railings shall be constructed by the Contractor over open excavation areas when in close proximity of track, and railings shall not be closer than 9’ perpendicular from the center line of tangent track or 9’ – 6” horizontal from curved track.
1.18 COMMUNICATIONS AND SIGNAL LINES
If required, the Railroad, at Agency's expense, will rearrange its communications and signal lines, grade crossing warning devices, train signals, tracks and facilities that are in use and maintained by Railroad forces in connection with its operation. This work by the Railroad will be done by its own forces or by contractors under a continuing contract and may or may not be a part of the work under this contract.
1.19 TRAFFIC CONTROL
The Contractor’s operations which control traffic across or around Railroad facilities shall be coordinated with and approved by the Railroad MTM Representative and shall be in compliance with the MUTCD.
1.20 CONSTRUCTION EXCAVATIONS;CALL BEFORE YOU DIG NUMBER
A. The Contractor shall be required to take special precautions and care in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls or other facilities that require shoring shall comply with requirements of OSHA , AREMA and Railroad “Guidelines for Temporary Shoring”.
B. In addition to calling the “811” number and/or the local “one call center”, the Contractor shall call the Railroad’s “Call Before Your Dig” number 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 Standard Time, Monday through Friday, except holidays - also a 24 hour, 7 day a week number for emergency calls) to determine location of fiber optics. If a telecommunications system is buried anywhere on or near Railroad property, the Contractor will co-ordinate with the Railroad and the Telecommunication Company(ies) to arrange for relocation or other protection of the system prior to beginning any work on or near Railroad property.
The determination of whether fiber optics will be affected by the Project shall be made during the initial design phase of the Project.
C. The Railroad does not allow temporary at grade crossings unless absolutely necessary and there is no
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) alternative route available to contractor to access the project site. Alternative plans should be considered to avoid crossing Railroad tracks at grade.
1.21 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 that any object or equipment extension (such as, but not limited to, a crane boom) will reach within twenty -five (25) feet of any track, require railroad flagging services or other protective measures. The Contractor shall give an advance notice to the Railroad as required in the Contractor’s Right of Entry Agreement before commencing any such work, allowing the Railroad to determine the need for flagging or other protective measures which ensure the safety of Railroad’s operations, employees and equipment. 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 $1,400 per day for a(n) 8-hour work day with time and one-half for overtime, Saturdays, Sunda ys; double time and one -half for holidays. Flagging rates are set by the Railroad and are subject to change due to, but not limited to, travel time, setup plus, per diem and rest time (if work is required at night).
1.22 CLEANING OF RIGHT-OF-WAY
The Contractor shall, upon completion of the work to be performed within the right-of-way and/or properties of the Railroad and adjacent to its tracks, wire lines and other facilities, promptly remove from the Railroad right-of-way all Contractor’s tools, implements and other materials whether brought upon the right -of-way by the 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 the satisfaction of the Railroad.
1.23 CONTRACTOR’S RESPONSIBILITY OF SUPERVISION
The Contractor, at its expense, shall adequately supervise all work to be performed by the Contractor. Such responsibility shall not be lessened or otherwise affected by Railroad’s approval of plans and specifications, or by the presence at the work site of the Railroad Project Representative, Railroad MTM Representative or any other Railroad representative or Railroad contractor providing inspection services, or by the compliance by the Contractor with any requests or recommendations made by such representatives. The Contractor will give due consideration to suggestions and recommendations made by such representatives for the safety and protection of the Railroad’s property and operations.
1.24 USE OF EXPLOSIVES AT PROJECT SITE PROHIBITED
The Contractor’s use of explosives at the Project site is expressly prohibited unless authorized in advance in writing by the Railroad Project Representative.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) 1 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
EXHIBIT E
TO
PUBLIC HIGHWAY OVERPASS AGREEMENT
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a
("Contractor").
RECITALS:
corporation
Contractor has been hired by to
perform work relating to (the “Work”)
with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision or Branch] [at or near DOT No. located at or near , in County, State of ,
as such location is in the general location shown on the print marked Exhibit A , attached hereto and hereby made a part hereof, which Work is the subject of a contract dated between Railroad and .
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. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence.
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 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 AND C.
The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) 2 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
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 (including without limitation any CIC), 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"):
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 terminate d 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 at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property.
B. This agreement may be terminated by either party on ten (10) days written notice to the other party.
ARTICLE 7 - CERTIFICATE OF INSURANCE.
A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement.
B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.
C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance
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Projects Form Approved 02/09/2022
carrier evidencing the insurance coverage required under Exhibit B.
D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement.
E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to:
Union Pacific Railroad Company
[Insert mailing address]
Attn:
Project No. 0730433
ARTICLE 8 - PRECONSTRUCTION MEETING.
If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.)
ARTICLE 9. 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 10. ADMINISTRATIVE FEE.
Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement.
ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.
A. 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.
B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) 4 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
ARTICLE 12.- EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Title:
(Name of Contractor)
By:
Name:
Title:
Phone:
E-Mail:
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR))
EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT
Exhibit A will be a print showing the general location of the work site.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) ORIGINAL AGREEMENT · · · · · · · · · ·
STRUCTURE · · · · · · · · · · · · · · · · · · ·
::=====::::
TEMPORARY CONSTRUCTION AREAi
:::· =====:::::
FOOTINGS AREA················
UPRRCO. R/W OUTLINED········ --- ---·
CADD 0730433 FILENAME
SCAN AERIAL PRINT FILENAME
NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISIONS.
EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
COLTON, SAN BERNARDINO COUNTY, CA
M.P. 539.69 - YUMA SUB.
SP/CA/V33/14BS
SCALE: 1" = 100'
OFFICE OF REAL ESTATE OMAHA, NEBRASKA DATE: 2-21-2025
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) 1 EXHIBIT B
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE 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.
B. 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 approved 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.
C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as dete rmined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion.
D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local gov ernmental 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.
E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.
F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: 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 ac tual 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
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) 2 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. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though 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 m ust 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.
B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and 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 twenty- five (25) 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 Cont ractor, 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.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) 3 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 visit www.up.com/CBUD to complete and submit the required form 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 EMPLOY ED 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 any Work on Railroad property 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 then current safety standards located at the below web address (“Railroad’s Safety Standards”) 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
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) 4 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property.
http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdf
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 inf luence 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 FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL
INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY,
CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S,
CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY,
CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT
OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY
ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.
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
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) 5 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.
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” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) 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 10, and CG 20 37 (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.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) 1 EXHIBIT C
TO
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
Union Pacific Railroad Company
Insurance Requirements For
Contractor’s Right of Entry Agreement
During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain 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 Employers' 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 the Outer Continental Shelf Land Act, if applicable.
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
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) 2 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 instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED
TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.
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 separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "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 oper ator 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 business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equival ent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD
COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.
I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commerc ial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. 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.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) 3 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.
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Attachment: Exhibit A - Public Highway Overpass Agreement with UPRR [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR)) Mt Vernon Ave
I-10 EBOff RampI-10 EBOn RampAPN 0276-123-10CITY OF RIVERSIDE APN 0276-123-06CITY OF RIVERSIDE
APN 0276-122-16BELANGER, DAVEAPN 0164-211-01DEWEY, STEVEN ROBERT &DEWEY RENTAL COMPANY APN 0276-121-09VASILJ, IVAN & IVATRUSTEES
APN 0276-121-21UNION PACIFIC RAILROADAPN 0276-122-04UNION PACIFIC RAILROAD APN 0276-122-17VASILJ, IVAN & IVATRUSTEES
APN 0276-121-14UNION PACIFIC RAILROAD
CALTRANS R/W
CITY OF COLTON R/W
APN 0276-121-20UNION PACIFICRAILROAD UPRR R/W
UPRR R/WTEMPORARY STAGING AREA SF=34,375
SCEPower Lines
TEMP. CONSTRUCTION AREA
CALTRANS R/W
CITY OF COLTON R/W
CITY OF COLTON R/W
CITY OF COLTON R/W
TEMP. CONSTRUCTION AREATOE OF SLOPE AREATEMP. CONSTRUCTION AREATOE OF SLOPE AREA FOOTING AREA = 41 SFFOOTING AREA = 29 SFFOOTING AREA = 114 SFFOOTING AREA = 114 SFFOOTING AREA = 220 SF ACQUISITION AREA = 1320.54 SF
AREA = 1753.25 SF
TEMP. CONSTRUCTION EASEMENT
TCE = 5119.31 SF
TEMP. CONSTRUCTION EASEMENT
= PROPOSED CURB
= CENTER LINE
= EXISTING CURB= PROPOSED CURB AND GUTTER
= CENTER LINE
= EXISTING CURB AND GUTTER
= EXISTING RIGHT OF WAY
= EXISTING EDGE OF PAVEMENT
= AERIAL UPRR RIGHT OF WAY AREA = TEMPORARY CONSTRUCTION AREA LIMIT LEGEND
= TEMPORARY CONSTRUCTION AREA
= PROPOSED RIGHT OF WAY= EXISTING UPRR RIGHT OF WAY
= FOOTING AREA
SCALE: 1' = 75 FT
= TOE OF SLOPE AREA
APN #AERIALAREAFOOTINGAREATOE OFSLOPE AREATC AREA0276-121-140276-121-210276-121-203,412 SF298 SF10,015 SF---220 SF2,737 SF7,008 SF--- ------6,657 SF50,360 SF
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Attachment: Exhibit B - Mt.Vernon_Right of Way Map - 2024.04.02 (4884 : Agreement - Union Pacific Rail Road (UPRR)) “Provide a safe and reliable transportation network that serves all people and respects the environment”
DISTRICT 8
DIVISION OF PLANNING, LOCAL ASSISTANCE
464 W. 4TH STREET, 6TH FLOOR, MS 760
SAN BERNARDINO, CA 92401
PHONE (909) 806-3944
TTY 711
https://dot.ca.gov/programs/local-assistance
March 19, 2025
Victor Ortiz
City Engineer
City of Colton
160 South 10th Street
Colton, Ca 92324
HPLUL-5065(023)
Rehabilitate and Widen Bridge
Mt. Vernon Ave over the UPRR tracks
and Mission St. Br. No. 54C-0101.
City of Colton
Dear Mr. Ortiz:
We have reviewed and processed your amendment request for the above-referenced project through Caltrans Division of Local Assistance (HQ DLA) and the Federal Highway Administration (FHWA). Effective 03/18/2025, the project authorizing document (E-76) was revised to reflect the request for additional RW funds.
The Project End Date (PED) has been established by your agency, concurred by HQ DLA and approved by FHWA. Any costs incurred after this date will not be eligible for federal reimbursement. Your agency is expected to monitor the progress of its projects and if the need arises, revise the PED to accurately reflect the amount of time needed to complete the project or phase of the project. If the PED is revised after the authorized PED has past, any costs incurred between the expiration of the authorized PED and the revised PED are ineligible for reimbursement. Revisions to the PED require Caltrans concurrence and FHWA approval.
Please be reminded of the invoice processing requirements and reimbursement process in Chapter 5 of the LAPM. Invoices for reimbursement cannot be submitted until after funds are encumbered via an executed Program Supplemental Agreement (PSA) and/or an executed Finance Letter. Additionally, per the Master Agreement, an invoice must be submitted at least every six months to avoid being classified as inactive.
If you have any questions, please contact me or Enrique M Gonzalez at (909)963-9365.
Sincerely,
Alberto Vergel De Dios, PE
District Local Assistance Engineer
Division of Planning, District 8
(909) 806-3944
Attachment: Amendment Modification Summary—(E-76) Sequence No. 5
p.p.
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Attachment: Exhibit C - Letter from Caltrans for Additional RW fund (4884 : Agreement - Union Pacific Rail Road (UPRR)) AMENDMENT MODIFICATION SUMMARY - (E-76)
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION DLA LOCATOR: 08-SBD-0-COL PROJECT LOCATION:
PREFIX: HPLUL MOUNT VERNON AVENUE OVER THE UNION PACIFIC RAILROAD TRACKS, BR. NO. 54C-0101 PROJECT NO: 5065(023) TYPE OF WORK:
SEQ NO: 5 REHABILITATE AND WIDEN BRIDGE PREV AUTH / AGREE DATES:
STATE PROJ NO: 0800020173L-N FED RR NO'S: PE:
AGENCY: COLTON
PUC CODES: R/W:
ROUTE:
PROJ OVERSIGHT:ASSUMED/LOCAL ADMIN CON:
DISASTER NO:
ENV STATUS / EIS 02/23/2018 SPR:
TIP DATA
RW STATUS / DT: MCS:
MPO: SCAG
INV RTE: OTH:
FSTIP YR: 24/25
BEG MP:
STIP REF: 209-5000-4694
END MP:
FSTIP ID 200856
BRIDGE NO: 54C0101
PROG CODE LINE NO IMPV TYPE FUNC SYS URBAN AREA URB/RURAL DEMO ID HY10 10 15 CA338
L1CE 10 15
LY10 10 15 CA338
Y001 20 16
Y001 21 16
Z001 20 16
FUNDING SUMMARY
PHASE PROJECT COST FEDERAL COST AC COST
PE
PE PREV. OBLIGATION $3,054,800.00 $2,550,891.00 $0.00 PE THIS $0.00 $0.00 $0.00
PE SUBTOTAL $3,054,800.00 $2,550,891.00 $0.00
R/W
RW PREV. OBLIGATION $150,000.00 $132,795.00 $0.00
RW THIS REQUEST $1,347,579.00 $1,041,113.00 $0.00
RW SUBTOTAL $1,497,579.00 $1,173,908.00 $0.00
CON
CON PREV. OBLIGATION $0.00 $0.00 $0.00
CON THIS REQUEST $0.00 $0.00 $0.00
CON SUBTOTAL $0.00 $0.00 $0.00
OTH
OTH PREV. OBLIGATION $0.00 $0.00 $0.00
OTH THIS REQUEST $0.00 $0.00 $0.00
OTH SUBTOTAL $0.00 $0.00 $0.00
TOTAL: $0.00$4,552,379.00 $3,724,799.00
12/31/2026PROJECT END DATE (PED):
ALT. PROJ NO:
STATE REMARKS
03/21/2012 This request is for Preliminary Engineering funding to seismic retrofit, rehabilitation, and widening of Mount Vernon Avenue grade separation over Union Pacific Railroad track in the City of Colton. This project is funded with HY10 DEMO funds at a maximum reimbursement ratio of 80.0% up to $273,751 and LY10 DEMO funds at a maximum reimbursement ratio of 80.0% up to $1,166,089. Also, this project is funded with Highway Bridge Program (HBP) funds at a maximum reimbursement ratio of 88.53% up to $1,111,052. 04/10/2012 04/10/12 No seismic funds for PE, return project, pls correct and resubmit 04/16/2012 04/16/12 MIX UP DOCUMENTS..... FIX DOCUMENTS.....
FIX LP2000 PROGRAM, INDICATE NOTES ON PROJECT STPLZ 5065(005) TO AVOID CONFUSION 04/17/12 TOTAL COST FED P/C FED FUNDS(LY10) FED FNDS(HY10) FED FNDS(L1CE) LOCAL PE (DEMO) $1,799,800 $1,799,800 $1,166,088 $273,751 $359,961 PE (HBP) $ 1,255,000 $1,255,000 $1,111,052 $143,948 TOTAL $3,054,800 $3,054,800 $1,166,088 $273,751 $1,111,052 $503,909
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Attachment: Exhibit C - Letter from Caltrans for Additional RW fund (4884 : Agreement - Union Pacific This sequence #1 is request for PE $4273,751 HY10, $1,166,088 LY10 AND $1,111,052 L1CE.
HPP# 0300 BRIDGE # 54C0101
04/24/2012 This is a request for preliminary engineering funding to rehabilitate and widen the Mount Vernon Avenue bridge over the Union Pacific Railroad tracks and Mission Street in Colton approximately 0.2 miles south of the Interstate 10 using SAFETEA-LU DEMO funds and Highway Bridge Program (HBP) funds programmed in Amendment #18 approved on 1/18/12 to SCAG's 2010 FTIP. Funding for preliminary engineering for seismic retrofit strategy was previously obligated under STPLNZ-5065(005), EA 08-197584L. New federal funding is now capped at $2,550,891 for preliminary engineering with a maximum reimbursement ratio of
88.53%. Reimburse with HY10 and LY10 SAFETEA-LU DEMO funds at 80% and with L1CE HBP funds at 88.53% up to the federal amounts shown for preliminary engineering. Br. No. 54C-0101; SAFETEA-LU DEMO ID CA338.
05/12/2019 Sequence #2 is a request for right of way support and administration funding to determine the extent of right of way needs necessary to rehabilitate and widen the Mount Vernon Avenue bridge over the Union Pacific Railroad tracks and Mission Street in Colton approximately 0.2 miles south of the Interstate 10 using National Highway Performance Program (NHPP) funds programmed for FY 18-19 in Amendment #2 approved on 12/20/18 to SCAG's 2019 FTIP. Funding for preliminary engineering was previously obligated and seismic retrofit strategy was previously performed under STPLNZ-5065(005), EA 08-197584L. The original NEPA determination approved on 2/23/18 was re-validated on 8/01/18. Federal funding is limited to $132,795 for right of way support and administration with a maximum reimbursement ratio of 88.53%.
Reimburse with Z001 NHPP funds at 88.53% on a lump sum reimbursement basis up to the federal amount shown for right of way support. Br. No. 54C-0101. SAFETEA-LU DEMO ID CA338. 03/23/2022 Sequence #3 is a request to extend the PED date. 03/30/2022 * SEQ 3: The PED is being extended from 03/30/2022 to12/31/2024 with non-participating gap due to changes in the right of way (aerial and full take) required from Union Pacific Railroad Company. Any costs incurred between the existing PED (i.e. 03/30/2022) and execution of E76 sequence 3 (updated the PED) will not be eligible for reimbursement. 03/30/2022 SEQ#3: The PED is being extended from 03/30/2022 to12/31/2024 to complete RW Certification. Due to lapse in the PED, any costs incurred between the existing PED (03/30/2022) and execution of E76 sequence 3 (updated the PED) will not be eligible for reimbursement. 09/02/2024 Sequence #4 is a request to further extend the project end date (PED) from 12/31/24 to 12/31/26. The project is delayed by the execution of a construction and maintenance (C&M) agreement with the Union Pacific Railroad. There are no other actions requested. Br. No. 54C-0101. 11/27/2024 Sequence #5 is a request for additional funding for the phase of Right of Way support and parcels to acquire funding to determine the extent of right of way needs necessary to rehabilitate and widen the Mount Vernon Avenue bridge over the Union Pacific Railroad tracks and Mission Street in Colton approximately 0.2 miles south of the Interstate 10 using National Highway Performance Program (NHPP) funds programmed for FY 23-24 in Amendment #25 approved on 04/07/2024 to SCAG's 2023 FTIP. A draft FTIP programmed the funding in 24/25 on 25-03 for SCAGs 2025 FTIP . The original NEPA determination approved on 2/23/18 was re-validated on 8/01/18. Federal funding is limited to $961,436.00 for right of way parcels and $212,472.00 RW support with a maximum reimbursement ratio of 88.53%. Reimburse with Z001and Y001 NHPP funds at 88.53% on a lump sum reimbursement basis.. Br. No. 54C-0101. SAFETEA-LU DEMO ID CA33 03/12/2025 SEQ#5: RW cost adjustment due to additional funding for the phase of Right of Way support and parcels to acquire funding to determine the extent of right of way needs necessary to rehabilitate and widen the Mount Vernon Avenue bridge over the Union Pacific Railroad tracks and Mission Street in Colton approximately 0.2 miles south of the Interstate 10.
Obligate $1,041,113 of Y001 for RW. Maximum Reimbursement Rate 88.53%.
FEDERAL REMARKS
AUTHORIZATION
AUTHORIZATION TO PROCEED WITH REQUEST:R/W PREPARED IN FADS BY: GONZALEZ, ENRIQUE ON 2025-03-03 806-3920 FOR: RW ADJ REVIEWED IN FADS BY: YAMBAO, RAIMUND ON 2025-03-12 654-3436 DOCUMENT TYPE: AMOD SUBMITTED IN FADS BY: YAMBAO, RAIMUND ON 2025-03-12 FOR CALTRANS PROCESSED IN FADS BY: SIGNATURE, NOT_REQUIRED ON 2025-03-12 FOR FHWA E-76 AUTHORIZED DATE IN FMIS ABDUL ELKAISSI ON 2025-03-18 11:17:59.0 SIGNATURE HISTORY FOR PROJECT NUMBER 5065(023) AS OF 03/19/2025
FHWA FMIS SIGNATURE HISTORY
MOD # SIGNED BY SIGNED ON
4 JERILYNN FOGLE 03/13/2025
JERILYNN FOGLE 03/13/2025
ABDUL ELKAISSI 03/18/2025
3 JERILYNN FOGLE 09/12/2024
JERILYNN FOGLE 09/12/2024
ABDUL ELKAISSI 09/16/2024
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Attachment: Exhibit C - Letter from Caltrans for Additional RW fund (4884 : Agreement - Union Pacific 2 JERILYNN FOGLE 04/01/2022
JERILYNN FOGLE 04/01/2022
JIYOUNG AHN 04/04/2022
1 JERILYNN FOGLE 05/20/2019
JERILYNN FOGLE 05/20/2019
JIYOUNG AHN 05/24/2019
0 JERILYNN FOGLE 05/04/2012
GARY J. SWEETEN 05/07/2012
MARY CUNNINGHAM 05/08/2012
FHWA FMIS 3.0 SIGNATURE HISTORY
CALTRANS SIGNATURE HISTORY
DOCUMENT TYPE SIGNED BY SIGNED ON
AMEND/MOD YAMBAO, RAIMUND 03/12/2025
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Attachment: Exhibit C - Letter from Caltrans for Additional RW fund (4884 : Agreement - Union Pacific
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RESOLUTION NO. R-26-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 202 4/2025 CAPITAL IMPROVEMENT BUDGET FOR MT. VERNON AVE. OVER UPRR TRACK BRIDGE
WIDENING PROJECT
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and,
WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and,
WHEREAS, the City of Colton Highway Bridge Program funding through Caltrans in the amount of $1,041,113 for the Right of Way phase of Mt. Vernon Ave. Over UPRR Track Bridge Widening Project; and,
WHEREAS, the federal funding requires local match that will be provided through Regional Traffic Impact Fee fund in the amount of $ 133,619 (43.6%) and Arterial Measure I in the amount of $172,847 (56.4%); and,
WHEREAS, a budget appropriation not listed in the Fiscal Year 2024/2025 budget is required and must be approved by resolution of the City Council.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 The City Council authorizes the following amendment for the Fiscal Year 2024/2025 budget:
• Increase revenues by $1,041,113 in account number 225-5886-001;
• Appropriate $1,041,113 in account number 450-1307-6987-3890-0000-000 for Mt. Vernon Ave. Over UPRR Track Bridge Widening Project; and,
• Increase appropriation in 225-1000-1000-5993-450 in the amount of $1,041,113 to cover the transfer of funds for the additional project cost; and,
• Increase revenues by $1,041,113 in 450-5993-225 to reflect transfer from fund 225; and,
• Appropriate $133,619 in account number 450-1307-6900-3890-0000-000 for Mt.
Vernon Ave. Over UPRR Track Bridge Widening Project from Local Traffic Impact Fee; and,
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Attachment: Exhibit D - Resolution to set funding [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR))
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• Increase revenues in account 450-5993-249 in the amount of $133,619; and, • Increase appropriations in 249 -1000-1000-5993-0000-450 in the amount of $133,619 to cover the transfer for the additional match; and, • Increase revenues by $172,847 in account number 450-5993-218; and, • Appropriate $172,847 in account number 450-1307-6971-3890-0000 for Mt.
Vernon Ave. Over UPRR Track Bridge Widening Project from Arterial Measure I revenue number 450-5993-218; and,
• Increase appropriations in 218-1000-1000-5993-0000-450 in the amount of $172,847 to cover transfer for the additional match.
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF APRIL 2025.
__________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
ISAAC T. SUCHIL
City Clerk
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Attachment: Exhibit D - Resolution to set funding [Revision 1] (4884 : Agreement - Union Pacific Rail Road (UPRR))
ITEM NO. 8
STAFF REPORT
DATE: APRIL 15, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS,
SUBJECT: APPROVE CHANGE ORDER #1 TO CONTRACT WITH
PERFORMANCE CONSTRUCTION & PAINTING FOR THE POOL
DECK RENOVATION PROJECT AT THE GONZALES CENTER.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Change Order No. 1 for the Pool Deck Renovation Project with Performance Construction & Painting in the amount of $7,225 and authorize the City Manager to execute Change Order No. 1.
BACKGROUND
The Gonzales Aquatic Center Pool Deck is going through much needed renovation due to degradation from chlorine. During the renovation, the Contractor pointed out to the Maintenance Supervisor that there was water coming out of a concrete control joint.
ISSUES/ANALYSIS
On February 18, 2025, the notice to proceed for the Pool Deck Renovation Project was issued to Performance Construction & Painting. During the preparatory work, a leak from the pool into an electrical conduit was found and the work was temporarily paused since it w ould damage the improvement being made on the deck. Performance Construction & Painting was given directions to find the source of the leak and fix the issue, on a time and material contract change order, before resuming the work on the pool deck. The leak was found coming through a broken electrical conduit supplying the pool lighting. Performance Construction & Painting submitted a change order in the amount of $7,225 for the saw cutting and removal of concrete, fixing the leak, and backfilling and repouring of concrete.
8 Packet Pg. 265
Staff Report to the Mayor and City Council
Change Order - Performance Construction & Painting
April 15, 2025
FISCAL IMPACTS
Sufficient appropriations for Change Order No. 1 are available in the adopted FY2024-25 budget in General Fund Capital Improvement project account number 100-6200-6203-2301-2331-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - CO1 - Leak Repair
8 Packet Pg. 266
DATE:
FROM: Chris Cruz
TO:
INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE PROJECT MANAGER:
Pool leak detection and repair.
I. ADDITIONAL QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 1 LS 1,950.00$ = 1,950.00$
2 1 LS 3,675.00$ 3,675.00$
3 1 LS 1,600.00$ 1,600.00$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
TOTAL AMOUNT OF CHANGE ORDER #1 TOTAL = 7,225.00$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 89,950.00$
CHANGE ORDER NO.1 = 7,225.00$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 97,175.00$ Robert DeLoach, Public Works & Utilitity Services Director
CITY OF COLTON
April 15, 2025
CONTRACT CHANGE ORDER NO. 1
The amount of the contract will be increased by the sum of $7,225.00 (8% of the contract amount) and contract time shall remain the same. The undersigned Contractor approves the foregoing Change Order # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order # 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.
Saw cut, break and remove concrete
Gonzales Aquatic Pool Deck
PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
Performance Construction & Painting
9185 W. Rochelle
Las Vegas, NV 89147
Back-fill, compact trench, and repor concrete
Pressure detection leak locator and repair leak at pool light DATE
Pat Carmell, Project Manager DATE
Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.
William R. Smith, City Manager DATE
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Attachment: Exhibit A - CO1 - Leak Repair (4881 : Change Order - Performance Construction & Painting)
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Attachment: Exhibit A - CO1 - Leak Repair (4881 : Change Order - Performance Construction & Painting)
ITEM NO. 9
STAFF REPORT
DATE: APRIL 15, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS,
SUBJECT: APPROVE CHANGE ORDER #1 TO CONTRACT WITH YODA
PAINTING FOR THE GONZALES CENTER PAINTING PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Change Order No. 1 for the Gonzales Center Painting Project with Yoda Painting in the amount of $37,000 and authorize the City Manager to execute Change Order No. 1.
BACKGROUND
On December 3, 2024 a contract was awarded to Yoda Painting to paint The Frank A. Gonzales Community Center building, located at 670 Colton Avenue, and the Lawrence Hutton Community Center building, located at 660 Colton Avenue, which have experienced painting oxidation over the years due to their exposure to the elements and normal use, wear and tear.
The Scope of Work included painting of all exterior and some interior surfaces of both buildings, walls, ceilings, cabinets, railings, doors, and window frames.
ISSUES/ANALYSIS
Community Services management advised the Maintenance Supervisor that it would be best to paint all interior surfaces and some additional areas that were not included in the original contract. City Staff and the Contractor walked all areas of the Gonzales, Hutton, and Teen Centers to identify areas which include offices, handrails, and metal structures in the pool area.
Yoda Painting submittal a change order in the amount of $37,000 (Exhibit A).
FISCAL IMPACTS
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Staff Report to the Mayor and City Council
Change Order - Yoda Painting
April 15, 2025
The total adopted project budget was $500,000, and the contract award amount was $ 119,000.
Sufficient appropriations for the change order are available in the FY2024-25 budget in General Fund Capital Improvement project budget account number 100-6200-6202-4950-2461-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - CO1
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DATE:
FROM: Chris Cruz, Capital Project Manager, City of C olton TO:
INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE PROJECT MANAGER:
Paint wood facia around the Hutton Center and front entrance columns at the Teen Center I. ADDITIONAL QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Tot al Cost 2 1.00 LS 3,000.00 $ 3,000.00 $
3 1.00 LS 2,000.00 $ 2,000.00 $
4 1.00 LS 5,500.00 $ 5,500.00 $
5 1.00
LS
4,000.00 $ 4,000.00 $
6 1.00 LS 3,000.00 $ 3,000.00 $
7 1.00 LS 2,000.00 $ 2,000.00 $
8 1.00 LS 3,000.00 $ 3,000.00 $
TOTAL AMOUNT OF CHANGE ORDER #1 TOTAL = 37,000.00 $
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 119,000.00 $
CHANGE ORDER NO.1 = 37,000.00 $
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 156,000.00 $ Chad Blais, Public Works & Utilitity Services Director
Paint walkway between Hutton and Gonzalez Community Centers Prime and Paint galvanized handrails at Gonzalez Community Center Prep, patch as needed, spot prime and paint (2coats) previously painted surfaces at Room 1, 2, B, C, D, and
back office space.
1 1.00
LS
14,500.00 $ 14,500.00 $
CITY OF COLTON
April 15, 2025
CONTRACT CHANGE ORDER NO. 1
The amount of the contract will be increased by the sum of $37,000.00 (31% of the contract amount) and contract time shall remain the same. The undersigned Contractor approves the foregoing Change Order #1 as to the changes, if any, in the contract price specified foreach item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order # 1. The Contractor agrees to furnish all labor and materials andperform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.
Frank A. Gonzales Community and Lawrence Hutton Community Centers Painting Project
PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
Yoda Painting, Inc.
P.O. Box 6024
Hayward, CA 94540
Prime and Paint aluminum window mullions and door frames excluding sliding doors at teen center.
Office(2) Painting at Gonzales Community Center
Paint blue metal structure by the pool
Paint wood facia around the Hutton Center and front entrance including columns and stucco at the Teen Center.
Prime and Paint aluminium window mullions and door frames excluding sliding doors at Hutton Community
Center.
DATE
Mike Takar, President DATE
Execution of this Change Order by the Contractor constitutes abinding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law orequity, arising out of or related to the subject of the changeorder, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.
William R. Smith, City Manager DATE
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Attachment: Exhibit A - CO1 (4882 : Change Order - Yoda Painting) 3/20/2025
Project: Frank A. Gonzales Community and Lawrence Hutton Community Centers Painting Project Change Order 01
Scope of Work:
1. Prep, patch as needed, spot prime and paint (2coats) previously painted surfaces at Room 1, 2, B, C, D, and back office space.
Price: $14,500
#fourteen thousand five hundred#
2. Office(2) Painting at Gonzales Community Center
Price: $3,000
#three thousand#
3. Paint blue metal structure by the pool
Price: $2,000
#two thousand#
4. Paint wood facia around the Hutton Center and front entrance including columns and stucco at the Teen Center.
Price: $5,500
#five thousand five hundred#
5. Prime and Paint aluminium window mullions and door frames excluding sliding doors at Hutton Community Center.
Price: $4,000
#four thousand#
6. Prime and Paint aluminum window mullions and door frames excluding sliding doors at teen center.
Price: $3,000
#three thousand#
7. Paint walkway between Hutton and Gonzalez Community Centers Price: $2,000
#two thousand#
8. Prime and Paint galvanized handrails at Gonzalez Community Center Price: $3,000
#three thousand#
TOTAL: $37,000
#thirty seven thousand#
415 375 1611 · [email protected]
PO Box 6024 Hayward, CA 94540
Lic: C33 · 1050095
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Attachment: Exhibit A - CO1 (4882 : Change Order - Yoda Painting)
ITEM NO. 10
STAFF REPORT
DATE: APRIL 15, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ANTHONY VEGA, POLICE CHIEF
SUBJECT: APPROVE CONTRACT AMENDMENT WITH SOCIAL WORK
ACTION GROUP (SWAG).
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve a contract amendment between the City of Colton and Social Work Action Group (SWAG) to an amount not to exceed $544,000 to add two (2) more employees from SWAG.
BACKGROUND
During the July 15, 2024, City Council meeting, Council approved a contract between the City and Social Work Action Group (SWAG). The initial contract was to hire two (2) SWAG employees. During the March 18, 2025 City Council meeting, Council approved to add two (2) additional SWAG employees and amend the contract with SWAG to a total amount not to exceed $544,000.
ISSUES/ANALYSIS
Because of the success and impact SWAG has had regarding the “unhoused” throughout the City, staff requested additional funding to add to our contract. The request was to add two (2) additional Outreach Specialists/Case Managers. The total cost for four (4) Outreach Specialists/Case Managers is $544,000.
During the March 18, 2025 City Council meeting, Council approved and adopted the City’s mid - year budget which included the increased funding and staff for SWAG.
The agreement with SWAG will now consist of four (4) Outreach Specialists/Case Managers and 10 Packet Pg. 273
Staff Report to the Mayor and City Council
Contract Amendment - SWAG
April 15, 2025
one (1) manager for forty (40) hours per week (excluding six (6) holidays). The total cost for the partnership will be $544,000.
Based on the needs of the city, we would like to respectfully ask to forgo the competitive bidding process using CMC 3.08.140 – Exceptions to competitive bidding – Non-Public Projects, specifically subsection “e” “Purpose of Bidding is Otherwise Accomplished. When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non -Public Projects under this chapter. Prior City Council concurrence with the City Manager's determination shall be required for Non -Public Project purchases over one hundred thousand dollars.”
FISCAL IMPACTS
Sufficient appropriations for the contract amendment with SWAG are available in the FY2024- 25 adopted budget in General Fund Police Department Professional Services A ccount Number 100-6070-6071-2350-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Colton FY25-26 Service Proposal
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1 Social Work Action Group Addressing the Homeless in the City of Colton FY 2025-2026 Strategic Plan To address the increase of unsheltered homeless individuals in the City of Colton, Social Work Action Group (SWAG) has prepared a Strategic Plan of Action. The Strategic Plan specifically targets unsheltered individuals, families, and encampments to reduce the number of visible homeless residing in the City of Colton. With the assistance of Colton Police Department, SWAG will identify and address individuals and geographical areas of concern to prioritize our efforts. SWAG will provide consistent outreach and case management services to those most in need, with the ultimate goal of mitigating an individual’s root cause(s) of their homelessness and to live a fulfilling and meaningful life. SWAG will reduce the homeless population both visibly and documented through the annual Point-in-Time Count. Simultaneously, SWAG will engage, educate, and encourage the community of Colton to collaborate efforts and spread the message of Responsible Compassion. 1. Census of unsheltered homeless In every community, it is vital to conduct a thorough and comprehensive census of the unsheltered homeless population. City staff, Colton Police Department, and SWAG will work together to accurately locate, identify, survey and track, through the creation of a by-name list. A comprehensive assessment will provide an in-depth look at the individual, the circumstances and incidents that led to homelessness, such as severe trauma(s). We will also detail one’s connections and support systems in the city to leverage those individuals and incorporate those resources. This information will be used to develop an individualized action plan. This will be done on an ongoing basis as new individuals enter the city. 2. Outreach to the unsheltered homeless Street outreach must be intensive, consistent, and strategic and needs the partnership of law enforcement and successful utilization and navigation of systems of care; behavioral health, and substance abuse treatment. Our team is comprised of individuals with specialized backgrounds in behavioral health, substance abuse, and social work who have a fundamental understanding of human development and behaviors. When we develop an action plan, we follow a flow chart that directs our activities and interactions with the individual to achieve specific outcomes, both short and long term. 3. Outreach to the community at-large SWAG will develop informational content, which will include material for an anti-panhandling/ compassionate giving campaign and disseminate it throughout the community, as we believe coordination of efforts is essential. The campaign will encourage stakeholders, faith-based
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Attachment: Colton FY25-26 Service Proposal (4886 : Contract Amendment - SWAG) 2 groups, community groups, businesses, and concerned residents to discourage well-intended activities that enable the chronically homeless to remain on the streets and focus their efforts on long-term solutions. This will be done through the distribution of posters, flyers and electronic format. SWAG will begin with addressing community partners, which include first responders, service providers, faith-based organizations, non-profits, community groups and businesses. 4. Trip Home/ Family Reunification When an individual is found living on the streets of Colton and wants to reconnect with family or a positive support system, we will initiate the Trip Home/ Family Reunification process. First, SWAG will contact the family/ support system to ensure they are willing to accept and house the individual. Next, the Family Reunification/ Trip Home request will be submitted to the SWAG Project Coordinator for approval. The SWAG Outreach Team will purchase a Greyhound bus ticket and ensure the individual boards the bus. SWAG team will contact the family or support system to confirm the individual made it to the destination. Finally, SWAG will submit a request for reimbursement for the cost of Greyhound bus ticket along with all applicable documentation. Scope of Services The term of services will be July 1, 2025-June 30, 2026. SWAG will provide the following activities and services: • Assist with the organization and facilitation of the Point-in-Time Count for January 2026. • Respond to homeless service requests made by city staff, and law enforcement in a timely manner. • All individuals encountered will be included in the by-name census for the City of Colton. • Provide immediate crisis stabilization to those experiencing behavioral health, physical crisis and emergencies and connection to behavioral health and substance abuse treatment services. • Case manage individuals that are in treatment and temporary living situations to help ensure they do not return to the streets. • Facilitate trips home/family reunification utilizing bus trips for individuals wanting to reunite with an identified support system that is out of the Colton area. • Conduct San Bernardino County housing assessments to unsheltered homeless individuals and families and provide navigation services to any applicable housing interventions. • Facilitate community asset mapping for strategic coordination and alignment of community resources that serve at-risk/homeless population. • Provide support to the City of Colton through trainings, presentations and sharing updates related to trends in regional homeless efforts. • Attend and participate in City Council meetings, as requested.
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Attachment: Colton FY25-26 Service Proposal (4886 : Contract Amendment - SWAG) 3 Schedule The SWAG homeless services team will follow a Monday-Friday, 7:30am-4:30pm schedule. Homeless Outreach team members provide full-time, 40 hours per week service, based upon staffing availability. In the event a member of the SWAG Colton team leaves, we will make every attempt to replace that individual as soon as possible. For each hour an Outreach Specialist works, Colton will be billed at a rate of $57.75. • Staff development training is conducted weekly for all SWAG employees (up to 6 hours.) *Each year, employees are provided (Not billed to Colton): • Forty (40) hours of sick time • Accrual of .0308 hours of Paid Time Off (PTO), for each hour worked • Observance of the following paid holidays: Memorial Day, 4th of July, Labor Day, Thanksgiving (2 days), Christmas, New Year’s.
OR
2025-2026 City of Colton Monthly Service Agreement Two (2) person Team Hourly Rate Approx. Monthly Budget Outreach & Case Management Services Outreach Specialist/ Case Manager $57.75 $20,076 Management/ Supervision Oversight $99.75 $998 Transportation Costs $525 Administration Costs (5%) $1,080 Hotel Stays (Not to exceed without written approval) $1,000 TOTAL PROPOSED MONTHLY BUDGET $23,679 2025-2026 City of Colton Monthly Service Agreement Four (4) person Team Hourly Rate Approx. Monthly Budget Outreach & Case Management Services Outreach Specialist/ Case Manager $57.75 $40,152 Management/ Supervision Oversight $99.75 $1,996 Transportation Costs $1,050 Administration Costs (5%) $2,160 Hotel Stays (Not to exceed without written approval) $1,000 TOTAL PROPOSED MONTHLY BUDGET $46,358
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Attachment: Colton FY25-26 Service Proposal (4886 : Contract Amendment - SWAG)
ITEM NO. 11
STAFF REPORT
DATE: APRIL 15, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS,
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO AUTHORIZE THE
AWARD OF CONSTRUCTION CONTRACT FOR THE SOUTH LA
CADENA DRIVE BIKE LANE PROJECT TO CAT TRACKING, INC.,
RESOLUTION NO. R-22-25.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Authorize the award of construction contract for the South La Cadena Drive Bike Lane Project to Cat Tracking, Inc.as the lowest responsive and responsible bidder in the amount of $267,436; and
2. Authorize the City Manager to execute the contract agreement with Cat Tracking, Inc.; and
3. Approve Resolution No. R-22-25 amending FY 2024-2025 budget to appropriate an additional $19,000 for the South La Cadena Drive Bike Lane Project.
BACKGROUND
The City received funding from San Bernardino County Transportation Authority (SBCTA) – Transportation Development Act (TDA) Article 3 funding for the South La Cadena Drive Bike Lane Project. The Project is part of the City of Colton Active Transportation Plan (ATP) and the TDA funding amount received is $208,000 with 35% percent local match (Traffic Impact Fee) in the amount of $112,000. The scope of the project includes installation of new Class 2 bike lane along La Cadena Drive from 9 th Street to La Ca dena Drive, and along La Cadena Drive from Valley Blvd. to Tropica Rancho Road (Santa Ana River Trail Staging Area). The project will install buffered/non- buffered Class II Bike lane along Valley Blvd (9th St. to La Cadena Dr.), 11 Packet Pg. 278
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Contract Award - CAT Tracking
April 15, 2025
and along La Cadena Drive from Valley Blvd. to Tropica Rancho Road/Santa Ana River Trail (SART). Class 3 Bike lane will be installed on areas with restricted right of way such as I -10 freeway and railroad underpasses. Green paint marking/striping will be installed on these underpasses and those locations where there are conflicts between bike and motor vehicles.
ISSUES/ANALYSIS
In accordance with Colton Municipal Code (CMC) Section 3.08.090, staff solicited and received bids for the South La Cadena Drive Bike Lane Project. The bid was advertised on February 14, 2025, and February 21, 2025. The bids received on March 13, 2025, are as follows:
1. Cat Tracking, Inc. $ 267,436.00
2. Chrisp Company $ 603,671.05
Staff ha s evaluated and reviewed each submitted bid. Staff recommends award of the construction contract for the South La Cadena Drive Bike Lane Project to CAT Tracking, Inc. as the lowest responsive and responsible bidder in the amount of $267,436. Cat Tracking, Inc. completed several striping projects in several cities, Caltrans and private developments. The construction contract with Cat Tracking, Inc. is attached as Exhibit B.
FISCAL IMPACTS
An additional appropriation from the traffic impact fee reserve balance is necessary to complete the project. Resolution R-22-25 (Exhibit C) requests to appropriate $19,000 in Traffic Impact Fund Account Number 249 -2466-6150-3890-0000-000 for the contract. Sufficient reserves are available to appropriate.
The table below is the breakdown of available funding for the project after the approval of Resolution R-22-25
Funding Source Account No. CAT Tracking
Contract
Miscellaneous Grants 225-2466-6150-3890-0000-000 $169,176.79 Traffic Impact Fund (inc. R-22-25) 249-2466-6150-3890-0000-000 $98,259.21 Total $267,436.00
ENVIRONMENTAL IMPACTS
South La Cadena Drive Bike Lane Project is Categorically Exempt under California Environmental Quality Act (CEQA) Guidelines Section 15304(h) – Creation of bike lanes on 11 Packet Pg. 279
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Contract Award - CAT Tracking
April 15, 2025
existing right of way. The Notice of Exemption was filed on November 19, 2024.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Plans
2. Exhibit B - Contract
3. Exhibit C - Resolution Amending the FY 24-25 CIP Budget_South La Cadena Bike Lane 11 Packet Pg. 280
© 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS
PUBLIC WORKS DEPARTMENT
CASC
Engineering and Consulting
SIGNING & STRIPING PLAN
LA CADENA DRIVE
CITY OF COLTON, CA
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PUBLIC WORKS DEPARTMENT
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Attachment: Exhibit A - Plans (4880 : Contract Award - CAT Tracking)
CONTRACT
1 CONTRACT
THIS CONTRACT is made this 15th day of April, 2025, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and CAT Tracking, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict com pliance with the Contract Documents as specified in Article 5 below for the following Project:
South La Cadena Bike Lane Project
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within SIXTY (60) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two-Hundred Sixty Seven Thousand Four-Hundred Thirty Six Dollars and no cents ($267,436.00). Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES . I n accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT . The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
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CONTRACT
2 Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Labor compliance contract (attachment D)
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in th ese Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.
IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written.
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CONTRACT
3 CITY OF COLTON
By:
______________________________
Signature
______________________________
Name
______________________________
Title
Attest:
______________________________
City Clerk
Recommended By:
______________________________
Signature
______________________________
Name
______________________________
Title
CONTRACTOR
By:
______________________________
Signature
____ _________
Name
______________________________
Title
__ ______________________
License Number
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RESOLUTION NO. R-22-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 202 4/2025 CAPITAL IMPROVEMENT
BUDGET FOR SOUTH LA CADENA DRIVE BIKE LANE PROJECT
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and,
WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and,
WHEREAS, the City of Colton plans to add a bike lane on South La Cadena Drive; and,
WHEREAS, the City of Colton needs to provide funds from Local Impact Fee in the amount of $19,000.00 to fully fund the City of Colton matching fund for construction of the South La Cadena Drive Bike Lane Project (Project); and,
WHEREAS, a budget appropriation not listed in the Fiscal Year 2024/2025 budget is required and must be approved by resolution of the City Council.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 The City Council authorizes the following amendment for the Fiscal Year 2024/2025 budget:
• Appropriate $19,000.00 from reserve balance in Local Traffic Impact Fee to account number 249-2466-6150-3890-0000-000 for the construction of South La Cadena Drive Bike Lane Project.
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF APRIL 2025.
__________________________
FRANK J. NAVARRO
Mayor
ATTEST:
______________________________
ISAAC T. SUCHIL
City Clerk
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Attachment: Exhibit C - Resolution Amending the FY 24-25 CIP Budget_South La Cadena Bike Lane (4880 : Contract Award - CAT Tracking)
ITEM NO. 12
STAFF REPORT
DATE: APRIL 15, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS,
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT TO TRIAD
CONSULTING & SYSTEM DESIGN GROUP FOR NOT TO EXCEED
AMOUNT OF $270,090 FOR ENGINEERING AND DESIGN
SERVICES FOR THE CITY WIDE INTEGRATED SECURITY
SOLUTIONS PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the award of Professional Services Agreement (PSA) to Triad Consulting & Systems Design Group (Triad), for the Engineering and Design services for the Citywide Integrated Security Solutions for the amount not-to-exceed $270,090.
2. Authorize the City Manager to execute the agreement
BACKGROUND
The City of Colton requested competitive proposals from security consultants to conduct a physical security risk assessment of City-owned water and wastewater facilities. The assessment will evaluate vulnerabilities, recommend security improvements, and estimate associated costs.
Facilities under consideration include treatment plants, buildings, property lines, lift stations, booster stations, reservoirs, well sites, and various other water and wastewater infrastructure sites. The goal of this project is to provide a comprehensive review of site security options and costs to enhance the protection of the Colton Utility Authority’s water and wastewater properties and facilities.
ISSUES/ANALYSIS
12 Packet Pg. 327
Staff Report to the Mayor and City Council
Contract Award - Triad Consulting & System Design Group April 15, 2025
On November 6, 2024, the City issued a Request for Proposal (RFP) for “Citywide Integrated Security Solutions” on Bidnetdirect.com. The RFP covers assessing the current state of the City's water and wastewater facilities and designing an integrated security solution for these sites. There are approximately eighteen (18) active water facilities, nine (9) active wastewater facilities, and the City Corporation Yard, totaling twenty-seven (27) locations.
On November 26, 2024, the City received two (2) statements of qualifications from the following firms:
1. Guidepost Solutions $ 596,125.00
2. Triad Consulting & System Design Group $ 270,090.00
Following a review of the proposals, the top -ranking firm was identified for selection. The selection process considered several factors, including firm qualifications, understanding of the RFP, scope of services, responsiveness to client needs, and past performance with other agencies.
Staff recommends that the City Council approve a Professional Service Agreement with Triad Consulting & System Design Group to provide the requested services for the City.
FISCAL IMPACTS
The total amount for the Cit ywide Integrated Security Solutions project is $270,090. Sufficient appropriations are available in the FY 2024 -25 adopted budget in the following professional services accounts:
Water Utility Fund, Account No. 521-8100-8101-2350-0000-000 $135,045.00 Wastewater Utility Fund, Account No. 522-8200-8200-2350-0000-000 $135,045.00
ALTERNATIVES
1. Provide alternative directions to staff.
ATTACHMENT
1. Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting
2. City of Colton-FEE_Schedule revised 27 sites (002)_gb2-24 12 Packet Pg. 328
CITY OF COLTON PUBLIC WORKS AND UTILITY SERVICES DEPARTMENT
November 26, 2024
Request for Proposals (RFP)
Citywide Integrated Security Solutions
By:
Triad Consulting & System Design Group, LLC
Corona, CA · Portland, OR · Phoenix, AZ
Contact person: Gregory Brandon, Principal 2925 Mira Vista Way, Corona, CA 92881 Tel: 949-943-9422
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System
1. COVER LETTER City of Colton Attn: Bassam Alzammar, Water and Wastewater Operations Mgr. 106 S. 10th Street Colton, CA 92324
Subject: RFP – Citywide Integrated Security Solutions
Dear Bassam:
Triad Consulting & System Design Group (Triad Consulting) is pleased to submit to the City of Colton (City) this proposal in response to the RFP for Citywide Integrated Security Solutions.
Triad Consulting is a California registered, limited-liability corporation founded in 2012 with headquarters in Corona, California and satellite offices in Portland, Oregon, and Phoenix, Arizona. Triad Consulting has an effective team with exceptional experience in conducting security assessments of water and wastewater assets, developing concise security risk assessment reports containing physical, electronic, and operational security recommendations and their associated implementation costs, providing product and enterprise system recommendations, understanding and explaining integration constraints among products and systems, creating comprehensive bid packages of detailed designs and technical specifications, and thorough construction administration during implementation.
Our significant body of work in public sector projects, including municipalities and water/wastewater departments, allows us to understand issues faced by government clients in terms of project costs and maximizing value, vendor selection and necessity for comprehensive planning, product ease of use and long- term reliability.
Our proposal response is laid out consistent with the stated requirements of the RFP. Please use the Table of Contents on the following page as a guide to our proposal. A separate electronic Cost Proposal has been provided separately. Our California Department of Industrial Relations (DIR) Number is PW-LR-1000565819.
We are genuinely excited to partner with you on this important project. Please contact me if you have any questions. I am authorized, along with business partner and co-founder Mike Ulwelling to negotiate and execute a contract with the City on behalf of Triad Consulting.
Sincerely,
Gregory W. Brandon Mike Ulwelling, CPP
Principal Managing Director
T: 949-943-9422 T: 503-505-3665
E: [email protected] E: [email protected]
* Triad Consulting is a California Certified Minority Business Enterprise (MBE)
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System City of Colton Triad Consulting & System Design Group Public Works and Utility Services November 26, 2024 RFP: Citywide Integrated Security Solutions Technical Proposal pg. 3
TABLE OF CONTENTS
1. COVER LETTER 02
TABLE OF CONTENTS 03
2. STATEMENT OF QUALIFICATIONS 04
3. PROJECT APPROACH 05
• Project Understanding
• Discovery Approach
• Report Preparation Approach
• ISS Design Approach
• Project Management / Quality Assurance Plan
4. SCOPE OF WORK 08
• Work Plan
• Preliminary Schedule
5. FIRM QUALIFICATIONS 11
• Profile
• Sample Relevant Projects
6. TEAM QUALIFICATIONS 15 • Key Personnel
7. REFERENCES 18
• City of Rialto Water Services
• Las Virgenes Municipal Water District
• Metropolitan Water District of Southern California
• University of California, Irvine
• City of Orange
8. APPENDIX 24 • Project Organization Chart
• Key Staff Resumes
• Preliminary Schedule for Citywide ISS Project
• 2023 Triad Consulting Financial Statement
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System City of Colton Triad Consulting & System Design Group Public Works and Utility Services November 26, 2024 RFP: Citywide Integrated Security Solutions Technical Proposal pg. 4
2. STATEMENT OF QUALIFICATIONS
Triad Consulting’s core competency is physical security consulting and electronic security system design with vast experience with water, wastewater, and municipal entities. Triad Consulting is headquartered in the Inland Empire and the project will be managed and performed from our Corona, California location. Triad Consulting has recently provided security assessments and recommendations reports for the City of Rialto Water Services, Placer County Water Agency (Auburn, CA), Tarrant Regional Water District (Ft. Worth, TX), Las Virgenes Municipal Water District (Calabasas, CA), City of Chino Water Department, Massachusetts Water Resource Authority (Boston, MA) and Metropolitan Water District of Southern California (Los Angeles, CA). We have also provided electronic security designs for City of Thousand Oaks Wastewater Department, Placer County Water Authority, Eastern Municipal Water District (Perris, CA), Metropolitan Water District of Southern California, and Foothill Municipal Water District (La Cañada-Flintridge, CA). We have assisted in selection of integrated security management platforms and provided system designs for City of Orange, City of Manhattan Beach, City of Palmdale, City of Temecula, and City of Portland, OR. Triad Consulting’s owners are directly involved in projects and principal owner Gregg Brandon will manage this project. Key decisions and issue resolution can be made expediently to keep the project on schedule and budget. Senior consultants and system engineers are ASIS credentialled, experts at security assessments and electronic system design, and the project team has over 150 years of cumulative experience. Triad Consulting is a profitable business enterprise with no outside dept service. All working capital needs have been readily provided by firm owners. A 2023 Financial Statement is included in the Appendix of this proposal.
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System City of Colton Triad Consulting & System Design Group Public Works and Utility Services November 26, 2024 RFP: Citywide Integrated Security Solutions Technical Proposal pg. 5
3. PROJECT APPROACH
Understanding of Scope: The City of Colton (City) is seeking a qualified professional security consulting firm to provide a physical security risk assessment of thirty-one (31) City owned water and wastewater facilities/sites, then develop a comprehensive Security Risk Assessment Report a) describing identified vulnerabilities along with gaps between existing security conditions and industry best practices; b) documenting recommendations to mitigate vulnerabilities and bring security at water and wastewater facilities up industry best practices; c) develop ROM estimates for all recommendations across facilities and individual security elements to assist in prioritizing implementation of an Integrated Security Solution. In phase 2, assist the City in selecting the appropriate products and systems capable of Citywide implementation and create a detailed and comprehensive (drawings and technical specifications) security design package of the thirty-one (31) assessed sites.
Discovery Approach:
Stakeholder Engagement: Triad Consulting will work with the City to develop a decision- making framework for the project that creates requirements for implementing an enterprise security management system. We will seek to understand current system(s) operation, sought- after functionality, desired interfaces with other City productivity and security products and systems; needed scalability, and required internal and external support.
We will pursue developing this framework through information gathering meetings with City project stakeholders in Water and Wastewater Management, IT, Public Safety, Engineering, Facilities & Maintenance, and Administration. We have found that webinars for this stage of discovery work well by allowing us to cost-effectively and efficiently have subject matter experts in both security system performance and operational security available for the discussion. Triad Consulting estimates approximately 7 of these meetings during discovery each lasting 1 hour. An exception to this is the initial meeting with the City’s project stakeholder group which we request to be in person to allow for a deep dive into the project requirements, collect available relevant project information, and discuss assessment schedules.
Site Security Assessments: Triad Consulting begins site surveys with preparation prior to on- site activities. Triad Consulting will download facility drawings/aerial diagrams into tablets with PlanGrid application software to efficiently document existing conditions. The site security assessment will follow ASIS assessment methodologies and consist of City Water and Wastewater facility perimeters, fences, gates, signage, parking, building exteriors, control rooms, IT and OT rooms/cabinets, asset storage, emergency generators, and lighting. On-site observations include review of existing physical and electronic security elements, CPTED features, and evaluation of operational security protocols at the site to identify potential vulnerabilities. Existing security systems will be evaluated for effectiveness, gaps in application or coverage, and best industry practices.
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Triad Consulting believes in taking collaborative steps to inform our clients to progress, findings, and next steps. As a final action to this task Triad Consulting will present the first of several project workshops with the City’s project stakeholder group to present our findings and observed deviations from ‘best practices’.
Report Preparation Approach:
Triad Consulting develops Security Risk Assessment Reports that detail existing security conditions and recommendations for physical, operational, and electronic security improvements to mitigate vulnerabilities and meet industry best practices. Rough Order of Magnitude (ROM) cost estimates are developed for each facility and security element (i.e., fencing, lighting, video surveillance, access control, etc.) to assist the City in making informed decisions in Capital Improvement Planning. Once recommendations are developed and cost estimated. Triad Consulting conducts a workshop to discuss preliminary recommendations and their associated costs to build consensus and develop prioritization plans for phasing of implementation. Triad Consulting helps promulgate assessment recommendations through briefing presentations to Management, Commissions, and Councils.
Integrated Security Solution Design Approach:
Triad Consulting has extensive experience in water and wastewater system design. Our approach is to analyze recommendations and City functional requirements with site constraints (often limited communications bandwidth, or easily available power) to develop system performance criteria needed. Triad Consulting then conducts a workshop to introduce to the City stakeholder group available products / systems / technology that will meet the requirements of the City and assist in selecting the most cost-effective solution. Triad Consulting’s comprehensive design packages are industry known for their detail including point-to-point diagrams, listing all device and control equipment terminations and labeled network port connections. Technical specifications narrate not only the products selected, but the standards to which they are documented, installed, programmed, and maintained.
Project Methodology and Controls Approach
To provide expertise and resources on a wide variety of security matters, Triad Consulting has developed and project tested management infrastructure to provide the means to perform this contract in accordance with the proposed project scope and to comply with contract general requirements. Our infrastructure for managing projects includes:
- Project Management System
- Quality Assurance (QA) Program
Project Management System
Project Manager: Each Triad Consulting project is assigned a Project Manager, who holds primary responsibility for a project within Triad Consulting, including the following:
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- Planning the project and ensuring that appropriate resources (including staff) are available. - Developing schedule of milestones and completion schedules - Compiling (and distributing to the project team) project-specific written guidelines that define the scope of work, individual staff assignments, deliverables or other work products, task budgets, schedules, and any other project requirements.
- Conducting the Project Initiation Meeting.
- Defining, documenting, and implementing applicable QA and QC requirements and ensuring that necessary procedures are approved and issued.
- Managing the technical, administrative, and financial aspects of the project, including client and regulatory agency contacts, as required.
- Being available to the project team for action or direction on any issues requiring management or technical support.
- Managing all contractual requirements and meeting the project objectives within the budget and the schedule.
- Maintaining adequate communication with the client project contact regarding all material (i.e., significant) aspects of the project, including expenditures, progress, any problems and recommended solutions, and issues that require decisions on technical or operational matters. - Provides the final review and approval of all project deliverables or outputs prior to issue to ensure adequate quality of the product or service.
Triad Consulting’s systems will model all requirements of the project and provide for the following:
- Contract Task Management
- Progress and Compliance
- Transmittal, Delivery, and Accessibility
Quality Assurance (QA) Program
Triad Consulting provides consultation and technical services to industry and government clients. It is Triad Consulting's policy to integrate quality programs into each project or work endeavor. This commitment to quality enables Triad Consulting to provide diverse services of consistently superior quality.
Triad Consulting's QA Program promotes the achievement of quality and performance objectives by planning and documenting the quality requirements for services and processes applicable to specific projects. A quality control review by senior Triad Consulting staff will be conducted prior to each project deliverable.
In addition, Triad Consulting co-owners are “hands-on” with each project ensuring immediate resolution to issues as the develop in dynamic design and construction environments.
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System City of Colton Triad Consulting & System Design Group Public Works and Utility Services November 26, 2024 RFP: Citywide Integrated Security Solutions Technical Proposal pg. 8
4. SCOPE OF WORK Triad Consulting proposes the following activities to deliver a cost-effective, state of the art integrated security solution to the City’s thirty-one (31) water and wastewater locations that is capable of being deployed citywide to the City of Colton. Task 1 Project Management: Triad Consulting provides hands on project participation, management, and oversight by the firm’s two co-founders and owners. Principal Owner Gregg Brandon will provide project management services from our Corona office location. Gregg will inform the City project stakeholder team of progress, next steps, issues and resolution steps on a weekly basis through weekly progress meetings (in-person and teleconference as appropriate). As an addition level of oversight Triad Consulting will prepare for the City Monthly Progress Report that tracks utilization verse milestones and budget, summaries past monthly activities and outlines work to be accomplished during the next month. Owner participation in projects allows for immediate resolution and course correction from unanticipated issues to remain on schedule and budget. Triad Consulting will start the project with a kick-off meeting with the City project stakeholder group to gather strategic insight into the project, confirm the project schedule, identify relevant documentation available, establish project contacts and communication protocols. Triad Consulting’s project manager, senior assessment and design consultants will be in attendance. Effort for this task is estimated at 446 hours. Task 2 Security Risk Assessment: Triad Consulting will begin this task with a review of relevant documentation which could include (as available); site plans, aerial imagery, facility plans, system as-builts, existing standards, security governance and policies, existing vulnerability assessment and/or risk and resilience assessment. Triad Consulting will use the best available site documentation and prepare AutoCAD backgrounds. These documents will be a) loaded onto PlanGrid application software for use during the assessments phase and 2) be the basis for design drawing in phase 2. Triad Consulting will lead information gathering meeting with strategic stakeholder groups (administration, IT, public safety) to learn of security issues, perceived current security posture, needed requirements for security systems, operational interface and support of security systems. Triad Consulting suggests including or adding meetings with water and wastewater management, City engineering (implementors of capital improvements), and public works (if they will be tasked with security system support) to the RFP suggested meetings with administration, IT, and public safety. We estimate up to a total of seven (7) meetings consisting of one-hour in-person or web-conferences. These meetings will be coordinated through the City’s project management team and will be conducted at each departments convenience over the first 2-to-4 weeks of the project. The security risk assessments will be led by senior consultant Jeff Hutchison and supported by system technologist Johnny Khuu. We estimate that the assessments will take approximately two-weeks and be conducted over a three-week span from weeks 3 to 5 of the project. They will conduct assessments with escort from the City who we request provides access and description of any history of incidents at the sites.
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Upon completion of the information gathering meetings and site security risk assessments, Triad Consulting will create and deliver a ‘Findings Spreadsheet’ to the City. Triad Consulting will then hold an assessment findings workshop with the City project stakeholders to discuss current the current security posture verse industry best practices. Task 2 will be completed in 8 weeks and take approximately 611 hours of effort. Task 3 Security Risk Assessment Report: Triad Consulting will begin this task with the development of physical, electronic, and operational security recommendations for each site to mitigate identified vulnerabilities and deficiencies to industry best practices. Rough order of magnitude (ROM) cost estimates will be developed for each recommendation to get an initial estimate of the overall capital improvement costs of the project. Triad Consulting will then hold a preliminary recommendations workshop to discuss strategic ‘bid picture’ recommendations, the estimated overall cost of the improvement program, and initial prioritization of improvements. This workshop will take place 3 weeks into the third task. Based on feedback from the workshop, Triad Consulting will develop the Security Risk Assessment Report (SRAR) that will provide an executive summary and detail the assessment methodology, findings, recommendations, ROM cost estimates, and prioritization and phasing of implementation. Triad Consulting will present the draft SRAR to the City project stakeholder team 5 weeks into the task and allow 2 weeks for City review. During the City review period, Triad Consulting will prepare briefing presentations for the Colton Utility Management Staff and Concessionaire, Colton Water Subcommittee, Colton Utility Commission, and Colton City Council. After receipt of City project stakeholder review comments, Triad Consulting will incorporate the comments into a final SRAR report and present material in the above-mentioned briefings. Timing for Task 2 Security Risk Assessment Report will be 9 weeks total. Phase 1 (Tasks 2 and 3) have a time frame of 17-weeks (4 months). Effort for this task is estimated at 284 hours. Task 4 Design Integrated Security Solutions: Triad Consulting will assist the City in selecting appropriate technology, products, and systems capable of long-term citywide deployment and create a comprehensive design bid package for the thirty-one (31) water and wastewater facilities. Triad Consulting would like to state that this task will three deliverable review points (30%, 60%, and 90%) will take longer than the City requested in its RFP. Triad Consulting has much experience in both assessments and system design and we believe it is important to convey realistic expectations to our clients. Triad Consulting will begin by holding a security system technology workshop with the City stakeholder group to discuss available technology, products, and systems that are appropriate for the City current and long-term security requirements. Triad Consulting will assist the City in making cost-effect electronic security decisions to be the basis of the integrated system design. Triad Consulting will then begin creating design drawings for the project. The 30% design review will be of design drawings indicating products and control equipment, their locations, and field-of-view of video surveillance equipment. Revised cost estimates will be included in the 30% deliverable. After City review (2-week), we will hold a 30% design review meeting and incorporate comments into the next design phase.
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The 60% design will further the design by providing preliminary details, and schedules, as well as draft technical specifications, and revised cost estimates. After City review (2-week), we will hold a 60% design review meeting and incorporate comments into the next design phase. The 90% design will complete the system design, include point-to-point single-line diagrams, equipment elevation diagrams, final mounting details, schedules, technical specifications, and cost estimates. Note: Through experience working with the local system integration community found in southern California, Triad Consulting believes it is imperative to have point-to-point single-line diagrams in a design package to ensure proper system connectivity. System integrator input to pathways is always welcomed but quality of installation suffers when connectivity directions are not provided. Triad Consulting after City review (2-week), will hold a 90% design review meeting and incorporate comments (typically few and minor at this point) into the 100% bid package deliverable. Triad Consulting will present an engineer stamped, 100% design bid package to the City one week after the 90% design review meeting. Triad Consulting approximates this task will take about 26 weeks to complete (6 months) with an estimated effort of 1074 hours. Triad Consulting has created a Preliminary Citywide Integrated Security Solutions project schedule for you review, found in the Appendix Section of the proposal. The timeframe presented in this work plan and our preliminary schedule is a total of 10-month for completion of both phases of the project. We would welcome the opportunity to discuss our honest and realistic estimate on project timing in a short-list interview.
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System City of Colton Triad Consulting & System Design Group Public Works and Utility Services November 26, 2024 RFP: Citywide Integrated Security Solutions Technical Proposal pg. 11
5. FIRM QUALIFICATIONS
Profile: Triad Consulting & System Design Group (Triad Consulting) is a California registered, limited liability corporation headquartered in Corona, CA with offices in Portland, OR and Phoenix, AZ. Founded in 2012, the principals of Triad Consulting had previously built and managed the largest physical security consulting practice in the nation. With a staff of ten employees, Triad Consulting provides 100% in-house, expert security consulting and electronic security system design services to government-entity customers across the nation. This project will be managed and performed from our office in Corona.
What We Do: Triad Consulting provides security plan development that defines “What”, “Where”, “How”, and “When” improvements to a security program should be made. Triad Consulting believes an effective security program takes a holistic approach in balancing the elements of physical, operational, and technological security.
A compete security plan integrates facility design features, physical security measures, and appropriately planned and implemented security technology, with a comprehensive system of operational policies, procedures, methodologies, and security personnel, to ensure a safe and secure environment. This approach reinforces the benefits each security element may provide on its own, so that the whole is greater than the sum of its parts. Consequently, no individual element of this total program can be singled out for removal or stand-alone implementation, without a direct and adverse effect on the totality of the security approach. Triad Consulting’s unique blend of operational and technological experts ensure you receive the most cost-effective solutions to your security program challenges.
Triad Consulting has significant experience in providing security assessment, electronic systems and infrastructure/technology consulting and comprehensive design services. We understand how electronic systems and information technology converge, providing important safeguards to technology projects. We excel at the challenge of successfully developing and implementing security measures from concept through installation oversight. Most Triad Consulting projects include a comprehensive analysis of products and manufacturers, to support our clients in the search for the best security system solution. Triad Consulting is known for its continuing research, relationships and familiarity with the products and services of the security industry at-large.
Technical Expertise: Triad Consulting’s technical subject matter experts are recognized nationally as experts in the field of electronic security systems. Triad Consulting stays current with changes to technology and products in a number of ways. At industry events regionally and nationally, our staff reviews the latest products and participates as
Triad
Consulting
Areas of Expertise:
Security Management
Security Assessments
Security Master Planning
Policies and Procedures
Organization / Staffing
Operations Centers
Electronic Systems
Video Surveillance
Electronic Access Control
Intrusion Alarm
Fire Alarm
Communications
Data Infrastructure
Networks
System Optimization
Integrated Design
Physical Security
Perimeter Fences & Gates
CPTED
Signage
Bollards and Barriers
Key Control
Door Hardware
Security Lighting
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program speakers on emerging video, access control, and communications technology and their applications.
Our staff actively participates on Security Industry Association and ASIS International technology committee panels, participates in national credential development initiatives and is regularly consulted by manufacturers on the appropriate application of emerging technology.
Triad Consulting has a great deal of experience with electronic security systems both old and new, obsolete and cutting edge. From alarm systems, access control, video surveillance, communications, and the like, our diverse project base has demanded we become experts on all major systems and how they work together.
Statement of Non-Affiliation: Triad Consulting is an independent consulting firm, unaffiliated with any manufactured product or contracting entity. As such, we have no biases other than to serve the best interests of our clients. Why is this important? The recommendations that Triad Consulting can provide a client are not limited. With no single system manufacturer right for every situation, Triad Consulting can make you aware of options available to meet your specific requirements without the additional cost burdens of features or products that do not compliment operational needs.
Credentials: Credentials: One member of Triad Consulting’s project team is a Certified Protection Professional (CPP) and one member has attained the Physical Security Professional (PSP) credential. ASIS International, the preeminent international organization for security professionals, administers the CPP and PSP programs. The ASIS certification program is the first program of its kind to be awarded the SAFETY Act Designation by the U.S. Department of Homeland Security.
Throughout the world, the Certified Protection Professional (CPP) designation is acknowledged as the security profession's highest recognition of practitioners. It is evidence that an individual is "Board Certified in Security Management." The CPP™ is awarded based upon experience, education, and passage of an examination that provides an objective measure of an individual's broad-based knowledge and competency in security management.
The Physical Security Professional (PSP) credential provides demonstrated knowledge and experience in threat assessment and risk analysis; integrated physical security systems; and the appropriate identification, implementation, and ongoing evaluation of security measures. Those who earn the PSP are ASIS Board “Certified in Physical Security”. Ongoing professional development is required in order to maintain both of the above credentials
Demonstrated Competence: Triad Consulting has never been found non-responsible, debarred, disqualified, forbidden, or otherwise prohibited from performing work and/or responding for work for any public agency with California or nationwide since our inception in 2012. Triad Consulting in unique in that we possess expertise in operational, physical, network, and electronic security. We are able to cover a project from concept to close-out with in-house senior staff. Managing this expertise our two co-founders and owners of the firm set a clear line of communication and performance expectations with both staff and our satisfied cliental. As such, we have never been terminated from any project due to contract dispute or claim filed against Triad Consulting.
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SAMPLE RELEVANT PROJECTS
The following is an overview of some of our past projects directly related to water sector security assessments, recommendations reports, and security design . We have highlighted relevant elements to offer a quick snapshot of how our expertise can be applied to the City of Colton project.
Table 1. Relevant Water Sector Projects Table
Client/Project
Security Assessments Assessment Recommendations Report Physical and Electronic Security Design Year Completed City of Rialto, Water Services – Security Assessments, Site Security Reports, Security Plan Report, Electronic & Physical Security Design at 27 Water and Wastewater locations
√ √√
Ongoing
Foothill Municipal Water District – Risk and Resilience Assessment, Site Security Design √ √√ Ongoing Placer County Water Agency – Security Assessments, Security Master Plan, Security Design for 8 Facilities √ √√2021 Las Virgenes Municipal Water District – Security Assessments and Security Master Plan for 63 facilities and asset locations √ √ 2020 Metropolitan Water District of Southern California – Threat & Vulnerability Assessment Updates and Recommendations Reports √ √ 2018 Metropolitan Water District of Southern California – Electronic Access Control, Alarm, Video Surveillance Design of Headquarters Building √ 2021 Eastern Municipal Water District – Headquarters Complex Gate Entrance Physical and Electronic Security Improvements √ √√ 2019 Tarrant Regional Water District – Security Assessments and Security Master Plan √ √ 2018 Contra Costa Water District – Security Assessment and
Recommendations Report for District Water Treatment
Plants
√√ 2017
City of Chino Water Department – Security Assessment and Recommendations Report √√ 2021 Massachusetts Water Resource Authority – Security Assessments and Recommendations Report √ √ 2021
City of Tualatin, OR – Security Assessment and Recommendations Report √√ 2021 City of Buena Park – Security Assessment, Recommendations Report, Electronic Security Design √ √ √ 2016
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REFERENCE PROJECTS
We have provided five project
profiles in Section 6. – References
that describe recent and relevant
experience with security
assessments, recommendations,
electronic security design.
These projects include:
1. City of Rialto Water Services –
Security Assessment, Site Security
Reports, Security Plan, Electronic
Security Design
2. Las Virgenes Municipal Water
District – Security Assessment and
Security Master Plan
3. Metropolitan Water District of
Southern California – Update TVA,
Physical and Electronic Security
Design Headquarters Building
4. University of California, Irvine –
Security Assessments, Security
Master Plan, Technology Selection,
Electronic Security Design
5. City of Orange – Citywide Electronic
Security Design
SELECTED GOVERNMENT CLIENTS City of Los Angeles City of Portland (OR) City of Riverside City of Albuquerque (NM) City of Temecula City of Buena Park City of Orange City of Manhattan Beach City of Thousand Oaks City of Rialto City of Rohnert Park Town of Yucca Valley County of Riverside County of Yolo County of Los Angeles County of Santa Barbara County of San Mateo County of Orange County of Canyon (ID) County of King (WA) County of Jefferson (CO) County of Johnson (KS) Maricopa Association of Governments (AZ) Utah Transit Agency Pierce Transit, Tacoma Los Angeles Metro Port of Oakland San Diego International Airport John Wayne Airport Southern California Logistics Airport Metropolitan Water District of Southern California Placer County Water Agency Tarrant Regional Water District Eastern Municipal Water District Contra Costa Water District Inland Empire Utilities Authority Las Virgenes Municipal Water District California Department of Water Resources Foothill Municipal Water District Massachusetts Water Resource Authority, Boston, MA San Jacinto Unified School District Eugene School District 4J (OR) University of California, Irvine California State University, Fullerton Oregon State University Tarrant County College District Judicial Council of California Veteran Affairs Medical Center, West Roxbury, MA Detroit Regional Convention Facility Authority Las Vegas Convention Center Riverside County Health System
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6. TEAM QUALIFICATIONS
To provide the City of Colton with security consulting and design services, Triad Consulting proposes a 100% in-house team of subject matter experts made up of experienced and qualified security assessment professionals, physical and electronic security design experts, and the required combination of security management and advisory experience to meet the complete satisfaction of the City.
Below is a brief synopsis of the experience and qualifications of the Triad Consulting project team. An enlarged Organizational Chart of the one depicted in Diagram 1 and Professional Resumes of the Project Team are included in the Appendix Section of this proposal response. This team is available to commence with this important project immediately and remain engaged through the duration of the contract.
Diagram 1- Organizational Chart
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KEY PERSONNEL
Gregory “Gregg” Brandon – Principal/Project Manager (Available 75%) Gregg serves as principal-in-charge for Triad Consulting. One of the firm’s co-founders, Gregg has nearly 30 years of experience managing and providing oversight to critical infrastructure security projects across the nation. His career includes leading the nation’s largest security practice for a national engineering firm and working with leading security consultants, integrators, and manufactures. Gregg has a Bachelor of Science Degree in Communications from California State University Fullerton and has provided hands on management of electronic security projects for: City of Los Angeles, City of Orange, City of Temecula, Riverside County, Los Angeles County, Orange County Fire Authority, Metropolitan Water District, John Wayne Airport, and University of California, Irvine. Gregg will serve as the project manager role for this project.
Jeff Hutchison – Senior Security Consultant (Available 65%) Jeff Hutchison, a member of the Triad Consulting team for 4 years with over 30 years of combined security and law enforcement experience. Jeff earned a Bachelor of Arts degree in Criminal Justice from National University. Jeff is an active member of the FBI National Academy Associates (FBINAA), FBI Law Enforcement Executive Development Association (FBI-LEEDA), Association of Threat Assessment Professionals (ATAP), and the FBI Threat Assessment Regional Evaluation Team (TARGET) working group. Jeff has security consulting experience with City of Rialto, City of Palmdale, San Bernardino Probation Department, Tarrant County College District, Lake Elsinore Unified School District, San Jacinto Unified School District, Los Angeles Metro Transit, Tarrant Regional Water District, and Oregon State University. Jeff is the assessment lead for the project and will author the Security Risk Assessment Report.
Dave Skusek, PSP – Senior System Engineer (Available 50%) Dave is a senior system engineer with over 30 years of security systems engineering experience. Dave has contributed to the security of many of our nation’s critical infrastructures through the assessment and design of electronic security systems for iconic bridges, historic municipal structures, major air/seaports, medical centers, transportation centers, courthouses, colleges and universities, water and wastewater agencies, correctional facilities, and convention centers. Dave is recognized nationally as a security technology expert with an exceptional grasp of system differentiators and has presented at security industry conferences on advanced security systems. Dave is a certified Physical Security Professional through ASIS International and has an AA Degree in Electronics Engineering-Communications from Milwaukee Area Technical College. Dave has provided integrated security system design services on hundreds of projects including enterprise-wide projects for the City of Orange, City of Los Angeles, City of Rialto, City of Cypress, Riverside University Heath System, Placer County Water Agency, University of California, Irvine, New York City – East River Bridges, UCLA Ronald Reagan Medical Center, Ontario International Airport, and John Wayne Airport. Dave will assist the City in technology and system evaluation and also be active in all aspects Task 4 Integrated Security System Design.
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Danny Lopez – System Designer (Available 60%)
Danny has over a decade of experience providing computer aided drafting (CAD) and system design services in the Architect / Engineer / Consultant (AEC) industry. Danny has worked with the Triad Consulting team since its inception and holds several design certifications for electronic security systems. Danny has provided designs for the City of Rialto, University of California, Irvine, City of Palmdale, Pierce Transit, Placer County Water Agency, City of Thousand Oaks WWTP, Foothill Municipal Water District, and Riverside University Health System. Danny will provide system design services.
Johnny Khuu – System Technologist / Construction Admin Services (Available 50%) Johnny possesses over 15 years of experience in IT and electronic security with national integrators and Triad Consulting. Johnny has extensive experience in deploying, maintaining, and troubleshooting equipment manufactured by leading companies in the electronic security industry. Johhny leads Triad Consulting’s field efforts and is adept at pre-design field surveys and audits, as well as construction administration inspections, testing, and punch list development. Johnny has participated in site evaluations and/or construction administration for the following clients: City of Rialto, City of Thousand Oaks, City of Orange, City of Manhattan Beach, Orange County Fire Authority, Yolo County, and Mission Rock San Francisco.
Drew Brandon – Assistant Project Manager / Project Coordinator Drew has three years of experience with Triad Consulting providing technical services and project coordination. Drew processes a Bachelor of Science Degree in Communications from Eastern Washington University and has knowledge and experience using Microsoft Office products, AutoCAD, Bluebeam, and PlanGrid software. Drew holds several design certifications for electronic security systems. Drew provides Triad Consulting with considerable coordination and technical support using various software and applications. Drew’s experience includes:
City of Rialto, CA; City of Cypress, CA; City of Thousand Oaks, CA; Tarrant County College District; City of Manhattan Beach, CA; Lake Elsinore Unified School District; San Bernardino County Probation, CA.
Mike Ulwelling, CPP – Quality Control (Available 50%)
Mike is co-founder and Managing Partner of Triad Consulting and has 28 years of broad- based experience in the security and alarm industry having worked for system and product manufacturers, integrators, and consulting firms. Mike is Board Certified in Security Management as a Certified Protection Professional (CPP) through ASIS International. Mike has a BSEE from Marquette University and an MBA from Pepperdine University. Mike possesses a comprehensive understanding of security management, consulting, security system design, and project/program management. In addition, Mike has vast expertise in planning, assessments, existing system evaluations, field surveys, needs analysis, cost/benefit analysis, and technology recommendations. Relevant planning/design experience for government clients include City of Portland (OR), City of Palmdale, Placer County Water Agency, Yolo County, Tarrant County College District, Tarrant Regional Water District (TX), Placer County Water Agency, and Foothill Municipal Water District. Mike will provide quality control of Triad Consulting’s process and all deliverables.
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7. REFERENCES 1 CITY OF RIALTO, WATER SERVICES
Citywide Integrated Security
Measures (2023 - ongoing)
In 2023 Triad Consulting was awarded a contract by the City of Rialto to assess and provide security vulnerability mitigation measures to 26 water and wastewater sites across the City as a first step in developing a City-wide Integrated Security Solution.
Triad Consulting began the project with a review of relevant documentation and preparation of AutoCAD backgrounds used by the assessment team. Triad Consulting conducted meetings with water and wastewater management, City engineering, maintenance & facilities, IT, public safety, and administration. The security risk assessments were led by senior consultants and supported by system technologists. Upon completion of the information gathering meetings and site security risk assessments, Triad Consulting created and delivered a Findings Report of physical, electronic, and operational security recommendations for each site to mitigate identified vulnerabilities and deficiencies to industry best practices. Rough order of magnitude (ROM) cost estimates were developed for each recommendation to get an initial estimate of the overall capital improvement costs of the project. Triad Consulting held a preliminary recommendations workshop to discuss strategic ‘big picture’ recommendations, estimated overall cost of the improvement program, and initial prioritization of improvements. Based on feedback from the workshop, Triad Consulting developed the Security Risk Assessment Report (SRAR) that provided an executive summary and detail the assessment methodology, findings, recommendations, ROM cost estimates, and individual site write-ups. Triad Consulting then created a comprehensive design bid package for the twenty-seven (27) water and wastewater facilities. Triad Consulting provided three deliverable review points (30%, 60%, and 90%) and is currently at client review of the 90% design package.
This project is on-going. Project team members include Gregory Brandon; Jeff Hutchison, Dave Skusek, PSP; Danny Lopez, Johnny Khuu, and Drew Brandon.
Total Professional Service Fees: $361,725.00
Contact: Jonathon Ballard, MCSE, CCNA, CISSP– Information Technology Manager City of Rialto, 251 S. Willow Ave., Rialto, CA 92376
T: 909-421-7220
E: [email protected]
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2 LAS VIRGINES MUNICIPAL WATER DISTRICT
Physical Security Assessment and
Security Master Plan Project (2020)
Las Virgenes Municipal Water District provides potable water, wastewater treatment, recycled water and biosolids composting to more than 75,000 residents in areas of western Los Angeles County. Triad Consulting was selected to conduct a comprehensive security review of sixty- three LVMWD facilities for improvements to physical and electronic systems security.
Sites assessed included administration and maintenance buildings, water and wastewater treatment plants, recycling center, pump stations and lift stations, tank and reservoir sites, and miscellaneous water infrastructure assets.
Assessments included an in-depth review of the LVMWD’s existing security posture through information gathered via meetings and interviews with internal sources, as well as comprehensive site inspections.
Several ‘workshops’ were included to present initial assessment findings, discuss security best practices and available security technology, and to present preliminary recommendations.
A comprehensive security master plan report documenting current conditions, industry best practices, and recommendations to bridge the gap from existing to best practices was presented to LVMWD. The report contained estimated costs for each individual site and security enhancement element (a total of 11 distinct physical and electronic security items). The estimated costs were then aggregated by facility type (pump stations, tanks, main facilities, and miscellaneous sites/assets) and individual security element (i.e. cameras, fencing, etc.) to allow the District better insight for capital improvement planning and funding. Draft and final versions of the security master plan were presented along with debriefings to management, executive management, and board of directors. Project team members include Mike Ulwelling, CPP, Rick Withers, CPP, Dave Skusek, PSP and Danny Lopez.
Professional Service Fees: $136,280
Contact: Michael McIntyre – Project Manager, Information Systems LVMWD, 4232 Las Virgenes Road, Calabasas, CA 91302
T: 818-251-2120
E: [email protected]
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System City of Colton Triad Consulting & System Design Group Public Works and Utility Services November 26, 2024 RFP: Citywide Integrated Security Solutions Technical Proposal pg. 20
3 METROPOLITAN WATER DEPARTMENT OF SOUTHERN CALIFORNIA
Task Based Security, Security Assessments, Vulnerability Assessment Updates (2013 and 2018), Physical and Electronic Security Design of Headquarters (2019-2021)
Triad Consulting’s has provided security consulting on several projects for MWDSC to help senior leadership align security strategy with operations including site visits to seventeen representative infrastructure sites in Southern California to assess and propose guard shack placement, configuration and operation for effectively controlling site access; recommended options for vehicle barrier systems to defend against the defeat of gates and access control by a vehicle ramming threat, and recommended options for integration of a perimeter alarm system with response capability. Other key projects include the evaluation and feasibility study of implementing a District-wide key control system with recommendations and ROM costs; and the conversion of the District’s RAM-W assessment to VSAT.
Triad Consulting has twice, in 2013 and 2018, conducted an assessment of the overall effectiveness of MWDSC’s security program and an update of the District’s Vulnerability Assessment (VA) as a snapshot of security management within MWDSC. These projects included the security assessment of MWDSC facilities that had gone under major renovation or whose risk profile had changed from the previous assessment and update of the existing VA report.
In 2019, Triad Consulting provided physical and electronic systems design for the MWDSC headquarters building in downtown Los Angeles. Phases for this project included preliminary design, schematic design, design development, 50% and 100% construction documents, bid assist, and construction administration. Video surveillance, access, control, and alarm systems were designed as well as a physical security layout for screening in the building lobby. During this project Triad Consulting provided design support for MWDSC conversion of their existing district-wide electronic wide access control system to a new system. Design was completed in 2021. Project team members include Gregg Brandon, Mike Ulwelling, CPP, Rick Withers, CPP, Dave Skusek, PSP, and Danny Lopez.
Total Professional Service Fees: $346,940
Contact: Tomer Benito – Special Agent in Charge
MWDSC, 700 N. Alameda St., Los Angeles, CA 90012
T: 213-217-6180
E: [email protected]
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System City of Colton Triad Consulting & System Design Group Public Works and Utility Services November 26, 2024 RFP: Citywide Integrated Security Solutions Technical Proposal pg. 21
4 UNIVERSITY OF CALIFORNIA IRVINE
Security Assessment and Security Master Plan,
Electronic Security System Design (2012-ongoing)
Triad Consulting has been the University of California, Irvine’s (UCI) security consultant and system design expert since 2012. During this time Triad Consulting has participated in over 25 security assessment, consulting and design projects. Highlights of Triad Consulting’s work with UCI include:
- University-wide assessments of over 100 UCI facilities including lecture halls, classrooms, research, student services, administrative, athletic, recreation, and operations facilities. Assessments included a review of physical and electronic security features and identification of vulnerabilities to staff, students, faculty, and assets. Triad Consulting has evaluated policies and procedures relating to the security function and analyzed the University’s Emergency Response Plan. (2014-2015) - Electronic security system (access control, alarm, video surveillance) design for 17 research buildings. (2016-2019)
- Electronic system design, video system replacement, and new campus-wide security management system for Police Dispatch Center. (2012-2016)
- Services agreement for the programming of the University’s security management platform. (2014) - On-Call Agreements in 2015, 2016, 2018, 2019, and 2020 - Design campus-wide alarm panel replacement. 2016-2019) - Electronic security systems (access control, alarm, video surveillance) design for five child care centers. (2016-2017)
- Security Assessment and Recommendations Report for University-owned art museum in Laguna Beach and design of electronic security systems (access control, alarm, video surveillance). (2016-2017) - Engineering study and design of replacement campus emergency phone system. (2016-2018) - Engineering study, design, and owner’s rep/project management for video storage architecture of University’s video surveillance system. (2018-2020)
- Electronic security systems (access control, alarm, video surveillance) design at Student Services Center. (2018-2020)
- Access control migration project (JCI Pegasus 2000 to Software House C-Cure) and campus-wide electronic lockdown design services. (2019-present)
- Electronic security systems design (alarm, access control, video surveillance) for Beckman Laser Institute (2020-2021)
Triad Consulting has performed assessments, strategic planning, site investigative surveys, system evaluations/audits, preliminary design reports, cost estimating, bid package preparation, bid assistance, construction administration, project management, and programming support for the growing and ever- changing campus security program. Project team members include Gregory Brandon; Dave Skusek, PSP; Rick Withers, CPP, Mike Ulwelling, CPP, and Danny Lopez.
Total Professional Services Fees: $1,486,000
Contact: Kyoko Adachi, AIA – Project Management Facilities University of California Irvine, Facilities Department
T: 949-824-9520
E: [email protected]
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System City of Colton Triad Consulting & System Design Group Public Works and Utility Services November 26, 2024 RFP: Citywide Integrated Security Solutions Technical Proposal pg. 22
5 CITY OF ORANGE
Security Audit, Access Control and Alarm
Replacement Projects, Fire Station Security
Design, Handy and El Camino Park
Assessment and Security Design, Security
Operations Center Optimization (2019-
Present)
In September of 2019 Triad Consulting was awarded a contract by the City of Orange to be prime consultant and system designer in the replacement of the City’s antiquated electronic access control system at nine City locations including the Civic Center campus, Police Department, and Corporate Yard.
The project goals included:
- Develop RFP for replacement of existing electronic access control system (EACS) - Move access control functions onto the City’s existing Genetec Security Center platform that is used for video surveillance
The preliminary design phase of the project included stakeholder meetings to discuss desired system requirements and site surveys at the nine locations to evaluate the existing EACS (Keri Systems) to determine if existing power sources, door hardware, and wiring infrastructure can be utilized by the new system and verified space requirements in IDF rooms. As part of the preliminary design, Triad Consulting reviewed card readers and card technology and provided recommendations to transition to current industry standards.
During the design phase Triad Consulting provided the City with conceptual design drawings and ROM estimates for review and confirmation by the City and then 95% and 100% Bid Document Packages that included:
- Detailed drawings indicating device locations, door details, control and power locations, door details, wire connection details, and single-line diagrams
- Technical Specifications coordinated with City standard contract requirements - Revised ROM cost estimates
- Bid Assistance
- Construction Administration
Triad Consulting provided bid assistance and construction administration for the project as well. As a second project Triad Consulting was awarded a contract in 2020 to provide alarm system replacement at 23 City-owned buildings and integrate those alarms into the Genetec Security Center platform. Project tasks include site survey to verify alarm point locations and evaluate alarm panels and IDF room space requirements. Design documents include preliminary design, 90%, and 100% Design packages.
Also, in 2020 Triad Consulting was awarded a contract to provide electronic security (access control, alarm, video surveillance) design services for the City’s new Fire Department Headquarters and Station.
This contract is directly with the City and includes coordination with the project architect, WLC Architects.
Triad Consulting was inserted into the project during the project design phase and asked to provide Construction Document package of drawings, technical specifications, and ROM estimates, Bid Assistance, and Construction Administration
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System City of Colton Triad Consulting & System Design Group Public Works and Utility Services November 26, 2024 RFP: Citywide Integrated Security Solutions Technical Proposal pg. 23
In 2022, Triad Consulting was awarded a contract to analyze the City’s Security Operations Center and recommend improvements to the Genetec Security Center configuration, camera settings to optimize live and recorded views, identify requirements for license plate recognition (LPR) cameras, and improve Dispatch use of video surveillance. This project is on-going. Project team members include Gregory Brandon; Dave Skusek, PSP; and Danny Lopez.
Total Professional Service Fees: $139,170
Contact: Mike Dering, PMP – Project Manager Information Technology City of Orange, 300 E. Chapman Ave., Orange, CA 92866
T: 714-744-2285
E: [email protected]
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System City of Colton Triad Consulting & System Design Group Public Works and Utility Services November 26, 2024 RFP: Citywide Integrated Security Solutions Technical Proposal pg. 24
APPENDIX
In the Appendix, Triad Consulting has provided required documents from the RFP.
Project Organization Chart
Key Staff Resumes
Preliminary Citywide ISS Project Schedule
2023 Triad Consulting Financial Statement
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System Design / Construction AdminDave Skusek, PSP – Sr. System EngineerDanny Lopez – System DesignerJohnny Khuu – Construction AdminPrincipal / Project ManagerGregory BrandonAsst. Project ManagerDrew Brandon Proposed ProjectOrganization Chart
Site Survey / EvaluationJeff Hutchison – Sr. Security ConsultantJohnny Khuu – System TechnologistDrew Brandon – Technical ServicesQuality ControlMike Ulwelling, CPP
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 :
GREGORY W. BRANDON – Principal In Charge
EDUCATION
B.A., Communications
California State University, Fullerton, 1984
PROFESSIONAL AFFILIATIONS
ASIS International (formerly American
society for Industrial Security
IAPAC (International association of
Professional security Consultants
FBI InfraGard
AREAS OF EXPERTISE
Mr. Gregory Brandon has over 30 years in security
management, design and implementing large integrated
security projects. With a broad knowledge and hands on
experience in operational, electronic, and physical security, providing strategic oversite, consulting of technical systems and security management for critical infrastructure projects.
Mr. Brandon managed in the security industry and has
developed expertise in the following areas:
Strategic Team Building
Client Relations/Scope Development
System Design
Project Management
Quality Control/Assurance
Security Management
Assessments
Operations
REPRESENTATIVE EXPERIENCE
Mr. Brandon is one of the founders of Triad Consulting & System Design Group, LLC and has been a security
management Principal for over 10 years. Prior to that, Mr.
Brandon worked for well-respected security integrator while developing strong relationships with manufacturers and
developing industry knowledge and experience with access control, video surveillance, intrusion, paging, emergency phones, fire/life-safety and audio/visual systems. He has expertise in threat mitigation measures for critical
infrastructure sectors including but not limited to,
transportation, commercial airports, seaports, roadways, bridges, municipalities, energy, chemical, universities, healthcare, water and wastewater, high-tech manufacturing facilities, and corporate headquarters.
SELECTED PROJECT EXPEREINCE
Principal
University of California at Irvine, Campus-Wide Security Master Plan - Irvine, CA
City of Rialto Water District, Citywide ISS - Rialto, CA San Diego County Regional Airport Authority (SDRAA),
Technology and Security Upgrade Projects—San Diego,
CA
City of Buena Park Water Department, Security
Assessment & Planning - Buena Park, CA
City of Cypress, Citywide Security Assessment, Security Master Plan – Cypress, CA
City of Orange, Citywide Electronic Security Replacement – Orange, CA
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System
JEFFREY HUTCHISON, SENIOR SECURITY CONSULTANT
EDUCATION
B.A., Administration of Justice, National
University, Summa Cum Laude
A.A., Criminal Justice – Pre-Law, Miramar College,
Summa Cum Laude
WACUBO Executive Leadership and
Management Institute (University of
Southern California – ELMI)
Peace Officer Standards and Training
(POST) Management Course
Sherman Block Supervisory Leadership
Institute (S.L.I.)
FBI National Academy (182nd Session)
Special Weapons and Tactics (SWAT)
CERTIFICATIONS
POST Management Course
POST Supervisory Certificate
POST Advanced Certificate
POST Intermediate Certificate
POST Basic Certificate
NIMS ICS-100, ICS-200, ISC-300, ISC-400, ISC-
700, and ISC-800
FEMA IS-907: Active Shooter: What You Can Do
AREAS OF EXPERTISE
University Law Enforcement and Public Safety
Police Operations
Internal Affairs Investigations
Threat Assessment & Threat Management
Special Events Planning
Campus Violence Threat Management
Crowd Management / Control
Protection of Public Officials
Bicycle Patrol Operations
Crime Prevention through Environmental Design
(CPTED)
Behavioral Intervention (UCI Consultation Team
Core Member)
Volunteer Program Administration
Campus Search and Rescue
REPRESENTATIVE
EXPERIENCE
Mr. Hutchison has 34 years
of law enforcement experience, including 30 years with
the University of California San Diego and Irvine
campuses. The last eleven years of his career Mr.
Hutchison worked as the Assistant Chief of Police for the UC Irvine Police Department where he served ten months
as the Interim Chief of Police on two separate occasions (2005 and 2015). Mr. Hutchison joined the security
management consulting group of Triad Consulting in
2016.
SELECTED PROJECT EXPEREINCE
San Bernardino Probation, Apple Valley, CA, Senior
Consultant – Urban Area Security Initiative (UASI) Security Assessment (2024 – ongoing)
City of Rialto, CA, Senior Consultant – Security Assessment and Electronic Security Design Project (2023- 2024)
City of Cypress, CA, Senior Consultant – Security Master Plan (2023- ongoing)
Tarrant County College District, Fort Worth, TX, Senior Consultant – Security Assessment and Security Master Plan (2023 – ongoing)
Lake Elsinore Unified School District, Lake Elsinore, CA, Senior Consultant – Security Assessment and Security
Master Plan (2022 – 2023)
RHP Properties, Nationwide, Project Manager – Video
Surveillance Design and Implementation (2021-2022)
Tarrant Regional Water District, Ft. Worth TX, Senior
Consultant –Policies and Procedures Review (2018)
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System
Located in Southern California 12 years with Triad Consulting
EDUCATION
DAVID A. SKUSEK, PSP
SENIOR SYSTEMS ENGINEER
A.A., Electronics Engineering-Communications,
1st Class FCC License,
Milwaukee Area Technical College, 1980
A.A., Electronics, Radio & Television
Program, Milwaukee Area Technical
College, 1978
Engineering, Computer Sciences,
University of Wisconsin, 2 years, 1976
PROFESSIONALREGISTRATIONS /
CERTIFICATIONS
Physical Protection Professional (PSP)
ASIS International, 2007
AREAS OF EXPERTISE
Vulnerability Assessments
System Design and Engineering for the following:
o Electronic Access Control Systems
o Perimeter and Intrusion Detection Systems
o Intercom Systems
o Technology Infrastructure – copper, fiber, wired
and wireless networks
o Video Surveillance Systems – cameras,
management software, storage, displays
o Low Voltage Systems – communications,
audio/visual, M/C/SATV, fire alarm
New and Existing Technology Evaluations
Needs/Gap Analysis – Security, Infrastructure
Bid Assistance, Construction Administration and
Integrated System Commissioning
REPRESENTATIVE EXPERIENCE
Since 1981, Mr. Skusek has worked in the Automation and Security industry providing professional services for all types of cliental including Municipal, Transportation, Education, Healthcare, Aviation, Water/Wastewater, and Hospitality providing engineering for Video Surveillance, Access Control, Perimeter and Intrusion Alarm, Fire Alarm, Communications and Infrastructure systems. With a strong focus on technology, Mr.
Skusek has developed and provided innovative strategies to meet client needs.
SELECTED PROJECT EXPEREINCE
City of Rialto, Citywide Security Integrated Security Solutions – Rialto, CA (2023 - present)
City of Cypress, City Facility Security System Assessment – Cypress, CA (2023 - 2024)
City of Thousand Oaks, Hill Canyon Water Treatment Facility – Manhattan Beach, CA (2021 - 2024)
City of Manhattan Beach, City Facility Security Camera Project – Manhattan Beach, CA (2021 - Present)
City of Los Angeles Department of General Services, Wide Area Integrated Security System – Los Angeles, CA (2000- 2006)
Corona Unified School District, Corona, CA, Consulting Services (2023 – present)
University of California, Irvine, Multiple Security Planning and Design Projects – Irvine, CA
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System
EDUCATION
DANNY LOPEZ
SYSTEM DESIGNER
A.A. Computer Aided Drafting and Design (CADD)
– ITT Technical Institute
PROFESSIONALREGISTRATIONS /
CERTIFICATIONS
Infrastructure Protection Certification –
TEEX
Security Center Design Certification -
Genetec
AREAS OF EXPERTISE
Software – AutoCAD Design Suite, Revit, Bluebeam,
ArcGIS
Field Surveys and Needs Analysis
Security System Audits
System Design for the following:
o Video Surveillance Systems – cameras,
management software, storage, displays
o Electronic Access Control Systems
o Perimeter and Intrusion Detection Systems
o Intercom Systems
o Emergency Phone
o Audio/Video
o Fire Alam
o Network Infrastructure
REPRESENTATIVE EXPERIENCE
Danny Lopez has 20 years’ experience in providing system design and computer aided drafting support in the AEC
industry. Danny has system design experience with alarm, access control, video surveillance, intercom, and emergency phone, A/V, fire alarm and network. Danny has provided the Triad Consulting team with considerable field support
including security assessments, pre-design needs analysis and existing system audits for the creation of as-built documentation. Danny has an Associate’s Degree in
Computer Drafting and Design from ITT and has experience with AutoCAD, Revit, Bluebeam, and ArcGIS software
packages. Danny has worked with the Triad Consulting team since 2008 and holds several design certifications for
electronic security systems.
SELECTED PROJECT EXPEREINCE
City of Rialto Water District – Video and Network Design Rialto, CA (2023-Present)
City of Orange, Citywide Video Surveillance – Orange, CA (2020)
Los Angeles County, Municipal Water District HQ,
Technology Infrastructure Design – Los Angeles County, CA (2018-2024)
Orange County, City of Orange Security Upgrade,
Technology Infrastructure Design – Orange County, CA
(2019-2022)
Foothill Municipal Water District, Security System Design – La Canada Flintridge, CA (2022-2024)
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System
EDUCATION
Johnny Khuu
TECHNICAL SYSTEMS ANALYSIS
Pasadena City College PROFESSIONALREGISTRATIONS /
CERTIFICATIONS
Milestone Integration
Technician/Technical Configuration
1 Certification
Genetec Consultants
Design/Security Desk Basics for
Omnicast & Synergis Certification
AREAS OF EXPERTISE
Software – Office Word and Excel, AutoCAD
Design Suite, Revit, Bluebeam, etc...
Field Surveys and Needs Analysis
Security System Audits
System Design for the following:
o Video Surveillance Systems
o Access Control Security System
o Perimeter and Intrusion Detection Systems
o Intercom Systems
o Emergency Phone
REPRESENTATIVE EXPERIENCE
A technician with over 15 years of experience providing technical assistance to business professionals.
Demonstrated ability to integrate computer skills,
Networking (LAN/WAN), DHCP (Dynamic Host
Configuration Protocol), IIS (Internet Information
Services), and DNS (Domain Name Server), Wi-Fi, POS
(Point of Sales), SCO (Self-Checkout system), Router,
Switches, Wi-Fi, Servers, Mail Server, Database Server, PC (Personal Computer), Laptop, CCTV Surveillance Server,
Access Control System, IP Base Cameras, DVR and NVR
recorder, customer support experience, and related
education to exceed technical business and customer
requirements. Skilled at troubleshooting and fixing
problems while minimizing customer stress levels
professionally.
SELECTED PROJECT EXPERIENCE
City of Rialto Water District – Assessments – Construction Administration (2023-Current)
JP Morgan Chase, Network Video Surveillance and Lenel
Access Control – Inland Empire, CA (2019 -2023)
Wescom Credit Union, Lenel-S2/ NetworkVideo
Surveillance Remote Branches Locations – Los Angeles
County, CA (2019 -2023)
FedEx Video & Access Control system upgrade – Los
Angeles and Inland Empire, CA (2019 -2023)
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System
DREW BRANDON, ASSTANT PM / TECHNICAL SERVICES
EDUCATION
B.S., Communication – Eastern Washington
University
CERTIFICATIONS
Milestone Technician Integration
AXIS Cameras
Google Project Management
AREAS OF EXPERTISE
Physical Security Design
Technical Security Design
AutoCAD
Technical Site Assessment Documentation
Project Coordination
Access Control
Video
Bluebeam
RELEVENT EXPEREINCE
Experienced security professional specializing in
AutoCAD, site assessments, systems management,
system design, and project coordination. I have
collaborated with cities, counties, school districts, and universities to deliver customized security solutions.
Proficient in converting conceptual designs into practical technical drawings, I specialize in crafting strategic
security solutions tailored to meet the unique needs of each client. With a dedication to remaining informed
about industry advancements, I consistently deliver
innovative solutions that directly address client
requirements.
SELECTED PROJECT EXPEREINCE
San Bernardino Probation, Apple Valley, CA, Technical
Services – Urban Area Security Initiative (UASI) Security Assessment for Access control and Video System (2024 –
ongoing)
City of Rialto, CA, Project Coordinator & Technical
Services – Security Assessment and Electronic
Security/Wireless Network Design for 28 Sites; Public
Works, Wells, Treatment Plants, and Reservoirs. (2023-
2024)
City of Cypress, CA, Assistant PM, Technical Services – Security Assessment for City Hall and Police Department (2023- ongoing)
Tarrant County College District, Fort Worth, TX, Technical Design Services – Security Assessment and AutoCAD
Design for 6 Campuses;110 Buildings Physical Operational and Electronic Security
(2023 – ongoing)
Lake Elsinore Unified School District, Lake Elsinore, CA, – Security Assessment for 28 schools Operational and
Security System (2022 – 2023)
City of Manhattan Beach, CA, Technical Services – Site
Assessment for 13 City Sites Access Control and Video
System. (2021)
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System
EDUCATION
MICHAEL J. ULWELLING, CPP / QC
B.S., Electrical Engineering
Marquette University, Milwaukee, WI
M.B.A, Business Administration
Pepperdine University, Malibu, CA
PROFESSIONALREGISTRATIONS /
CERTIFICATIONS
Certified Protection Professional (CPP),
ASIS International, 2006 (#11988)
Certified Utilities Risk and Resilience, AWWA, 2019
Factory Fire Alarm Design Certification, Simplex-
Grinnell
PROFESSIONAL AFFILIATIONS
ASIS International (formerly American Society for
Industrial Security)
National Fire Protection Association (NFPA)
AREAS OF EXPERTISE
Mike Ulwelling with over 29 years of experience in the
security and alarm industries is a Physical Security and Fire Alarm professional who has broad experience
providing strategic oversight, consulting, and system
design to critical infrastructure entities and private industry in water, wastewater, transportation, education, healthcare, municipal government, energy, cultural, faith-based
organizations, hospitality, corporate, and industrial clients.
As Co-Founder and Managing Director of Triad
Consulting, Mr. Ulwelling provides critical oversight to the implementation of project management and quality
assurance programs.
Mr. Ulwelling has specialized in security assessments,
CPTED, design and consulting, project and program
management, construction support and implementation of
fire/ life-safety, video surveillance, access control,
intrusion and perimeter alarm systems, intercom,
emergency call systems.
Mr. Ulwelling is board certified in security management with the Certified Protection Professional (CPP) credential through ASIS International, attesting to his broad-based and expert knowledge of the security industry.
SELECTED PROJECT EXPEREINCE
Principal / PM / QC
Security Assessments and Security Master
Plan, Tarrant County College District - Ft.
Worth, TX
Electronic Security Assessment, Yolo County
Dept. of Public Works, Woodland, CA
Integrated Security Assessment and
Conceptual Design, City of Palmdale, CA
Security Master Plan, Tarrant Regional Water
District, Ft. Worth, TX
Risk and Resilience Assessment, Foothill
Municipal Water District, La Canada –
Flintridge, CA
Risk and Resilience Assessment, City of
Chino, CA Water Department
Security Master Plan, Las Virgenes Municipal
Water District, Calabasas, CA
Security Assessments and Security Master
Plan, Placer County Water Agency, Auburn,
CA
VA Update 2013 and 2018, Metropolitan Water
District of Southern California, Los Angeles,
CA
Security Master Plan, Canyon County, ID
Security Master Plan, Jefferson County, CO
Electronic Security Design, Veterans Affairs
Medical Center, West Roxbury, MA
Security Master Plan, Albuquerque Department
of Transportation, Albuquerque, NM
Public Safety Audit, Utah Transit Agency, Salt
Lake City, UT
Security Assessment, outhern California
Logistics Airport, Victorville, CA
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System Jan
Feb
Mar
Apr
May
June
July
Aug
Sep
Nov
Dec
Jan
Q1 2025
Q2 2025
Q3 2025
Q4 2025
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Attachment: Citywide Integrated Security Solutions_Technical Proposal_Triad Consulting (4879 : Contract Award - Triad Consulting & System
TRIAD CONSULTING
ENGINEERING FEE ESTIMATE
DETAILED ENGINEERING FEE ESTIMATE
BASIC ENGINEERING SERVICES
PROJECT SUMMARY
SECURITY CONSULTING AND PRINCIPAL SR. SECURITY SR. SYSTEM FIELD SYSTEM ASST. PM
SYSTEM DESIGN PROJECT MGR CONSULTANT ENGINEER TECHNOLOGIS T DESIGNER TECH SERVICES PHASE PHASE Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate HOURS COST TASK DESCRIPTION $220 $190 $180 $180 $150 $140 $120 $80 PROJECT MANAGEMENT 76 0 0 6 0 0 234 0 316 45,880
SECURITY RISK ASSESSMENT 22 125 0 38 109 8 95 0 397 64,300 SECURITY RISK ASSESSMENT REPORT 42 116 0 42 4 12 4 0 220 41,600 DESIGN SELECTED ISS - 27 SITES 18 0 0 182 0 369 139 0 707 104,930 BID ASSIST & CONSTRUCTION ADMIN 4 0 0 2 2 044 0 3 4 5 , 8 8 0 0 0 0 0 000 00 -
0 0 0 0 000 00 -
0 0 0 0 000 00 -
TOTAL HOURS 162 241 0 290 113 393 476 0 1674
TOTAL COST $35,640 $45,790 $0 $52,110 $16,950 $54,950 $57,150 $0 $262,590 $262,590 Estimated Reinbursable Expenses $7,500
TOTAL $270,090