Fontana City Council
April 12, 2022

CONSTRUCTION AND MAINTENANCE

AGREEMENT

for

CITRUS – CERES

INTERSECTION SIGNALIZATION

PROJECT

SOUTHERN CALIFORNIA REGIONAL RAIL

AUTHORITY (SCRRA)

AND THE

CITY OF FONTANA

COVERING THE

PUBLIC AT-GRADE HIGHWAY RAILROAD

CROSSINGS

ADJACENT TO RAILROAD FROM

SCRRA MILE POST 48.17 – SAN GABRIEL SUBDIVISION

IN OR NEAR

CITY OF FONTANA

SAN BERNARDINO COUNTY,

CALIFORNIA
Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

SCRRA Folder No.: S0000113

SCRRA Project No.: 860994

Construction and Maintenance Agreement
for
_________________________________

Citrus – Ceres Intersection Signalization Project
Mile Post 48.17 – San Gabriel Subdivision
City of Fontana
San Bernardino County, CA

Associated Crossings CPUC # DOT #
Citrus Avenue Highway-Rail Crossing 101SG-48.17 026147A

THIS Construction and Maintenance Agreement ("AGREEMENT") is made and entered into as of the __________ day of __________, 202___, by and between the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of California ( hereinafter referred to as "SCRRA"), to be addressed at 900 Wilshire Blvd. Suite 1500, Los Angeles, CA 90017 and the CITY OF FONTANA, a general law city and a municipal corporation duly organized and existing under the laws of the Stat e of California (hereinafter referred to as “CITY”), to be addressed at City of Fontana , 8353 Sierra Avenue, Fontana, CA 9 2335. CITY and SCRRA may be referred to singly as “PARTY” and collectively as “PARTIES.”

RECITALS:

SCRRA is a five -county joint powers authority, created pursuant to California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain , administer, and operate the “METROLINK” commuter train system on railroad rights -of-way owned by the member agencies and through other shared use and joint operation agreements. The Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

five-county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority (“MTA”), Ventura County Transportation Commission (“VCTC”), Orange County Transportation Authority (“OCTA”), San Bernardino County Transportation Authority (“SBCTA”), and Riverside County Transportation Commission (“RCTC”).

SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, communication systems, and appurtenances on the rail line known as the San Gabriel Subdivision in the area traversed by Citrus Avenue. SCRRA and the “Operating R ailroads” [as used herein “Operating Railroads" means any passenger or freight -related railroad company(s) operating on SCRRA track(s), including the National Railroad Passenger Corporation (AMTRAK), the Union Pacific Railroad Company (UPRR), and the Burlington Northern and Santa Fe Railway Company (BNSF)] operate trains and rail equipment through this at-grade highway railroad crossing location on right-of-way owned by SBCTA, in accordance with the Shared Use Agreement dated October 30, 1992, and the Agreement between SCRRA, its Member Agencies, and the National Railroad Passenger Corporation (Amtrak) and known as the “Intercity Agreement”.

The CITY desires to construct, maintain and operate traffic signals at the Citrus Ave and Ceres Avenue intersection and queue-cutter signals at the Citrus Ave highway -rail at-grade crossing, hereinafter referred to as the “PROJECT” as described in Exhibit B-1, attached hereto and made a part hereof as if incorporated herein. The PROJECT is located on Citrus Avenue between Arrow Boulevard and Merrill Avenue in the City of Fontana . The PROJECT is on the SCRRA’s San Gabriel Subdivision right-of-way at mile post 48.17. Presently, the CITY occupies the SBCTA right-of-way with an highway-rail at-grade crossing that carries vehicular traffic on Citrus Avenue, while both SCRRA and the BNSF operate trains along the SBCTA right-of-way. There is one highway-rail at -grade crossing within the PROJECT and it is Citrus Avenue Highway-Rail Crossing (CPUC No. 101SG – 48.17, DOT No. 026147A).

The general arrangement, type, size, plan, profile, section and location of the at -grade highway- railroad crossing proposed by the CITY are shown on the location print marked as Exhibit B -2.

The detailed plans and specifications of the PROJECT are to be included in this AGREEMENT are collectively marked as Exhibit B-3 and Exhibit B-4 inclusive.

Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

SCRRA and the CITY are entering into this AGREEMENT to cover the PROJECT as described above, and as contained in the attached Exhibits.

AGREEMENT

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

ARTICLE 1 - LIST OF EXHIBITS

The exhibits below are attached to and made a part of this AGREEMENT as if set forth in their entirety:

Exhibit A Standard Terms and Conditions
Exhibit B-1 Detailed Description of PROJECT
Exhibit B-2 Railroad Location Print
Exhibit B-3 PROJECT Plans
Exhibit B-4 PROJECT Specifications

Exhibit B-5 SCRRA Form of Approval for CITY WORK PS&E
Exhibit B-6 List of CITY Design and Contractor Submittals Requiring SCRRA Review
Exhibit C-1 Easements of CROSSING AREAS
Exhibit C-2 Plats of Easement and Legal Descriptions
Exhibit D-1 CITY Scope of Work and Estimate (“CITY WORK”) Exhibit D-2 SCRRA Scope of Work and Estimate (“RAILROAD WORK”) Exhibit E-1 SCRRA Highway-Rail Grade Crossings Manual, Standards, and Criteria
Exhibit E-2 Requirements of the Contractor(s)
Exhibit E-3 SCRRA Form 6 -Temporary Right-of-Entry Agreement and & SCRRA Insurance Requirements
Exhibit F Funding Schedule

Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

ARTICLE 2 - RESERVED

ARTICLE 3 – PLANS AND SPECIFICATIONS

3.1 SCRRA, at the sole cost and expense of the CITY, has prepared, or caused to be prepared, the detailed P lans, Specifications, and E stimates (the “PS&E”) for the changes, additions, or alterations to existing SCRRA signals facilities required in connection with the PROJECT which is more fully described in Exhibit D-2 (the “RAILROAD WORK”) - SCRRA Scope of Work and Estimate.

3.2 The CITY shall comply with all SCRRA terms and conditions that are described in Exhibits E-1, through and including Exhibit E-3, and other special guidelines that SCRRA may provide to the CITY for this PROJECT for any work performed by the CITY or a contractor(s) to the CITY.

3.3 CITY has prepared the PS&E for the design of the roadway, traffic signals, queue -cutter signals, and appurtenances in connection with the PROJECT, which is more fully described in EXHIBIT D-1 (the “CITY WORK”).

3.4 SCRRA has reviewed the PS&E for the CITY WORK to ensure general conformance with SCRRA standards and requirements. No changes in the final approved PS&E of the CITY WORK may be made unless SCRRA has consented to the proposed changes in writing.

Citrus & Ceres Intersection Signalization Project
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ARTICLE 4 – SCRRA REQUIREMENTS

4.1 The CITY, at its sole cost and expense, shall comply and ensure that its employee(s), consultant(s), and contractor(s) comply, at all times when on or adjacent to the rail right- of-way, with the rules and regulations, as contained in the current editions of the following documents, which are otherwise known as “REFERENCES”, as incorporated in this document as if they were set full in this paragraph, and incorporated in this AGREEMENT by reference. These documents are described and can be accessed through SCRRA’s website www.metrolinktrains.com , as the following:

• General Safety Regulations for Third Party Construction and Maintenance Activity on SCRRA Member Agency Property
• Applicable SCRRA Engineering Standards

4. 2 The CITY and all employee(s), consultant(s), and contractor(s) employed by the CITY shall ensure compliance with the terms and conditions of the AGREEMENT for work specified in this Article. SCRRA requires all CITY employee(s), consultant(s) and contractor(s) working on the PROJECT to attend the SCRRA Safety Training for Roadway Worker Protection (“RWP”), as a mandatory prerequisite to enter the railroad right-of-way or perform any work outside the railroad right-of-way with potential to affect rail operations and comply with the SCRRA Safety Rules while on railroad property.

4.3 SCRRA representatives may make inspections and conduct tests to judge the effectiveness of the safety training, and compliance with SCRRA requirements, in accordance with SCRRA’s Efficiency Testing Program, in compliance with 49 CFR 214 – Railroad Workplace Safety Regulations and SCRRA Third Party Work Rules. The employee(s), consultant(s) , and contractor(s) shall cooperate with SCRRA, Fede ral, and State representatives at all times.

Disregard for, or failure to comply with, the requirements of 49 CFR 214 – Railroad Workplace Safety regulations, or SCRRA third- party safety requirements, may result in the removal of an offending individual(s) from the SCRRA Right-of-Way. Egregious or repeated disregard for any safety rule or requirement may result in the termination of the Right-of-Entry Agreement.

Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

ARTICLE 5 – MAINTENANCE BY CITY

5.1 CITY shall maintain, repair and renew the at-grade highway-railroad CROSSING AREAS within their respective boundaries starting at two (2) feet outside of the rails of each track. When two or more tracks are involved, SCRRA shall maintain, at its expense, the area between the tracks where the distance betw een the center lines of tracks is fifteen (15) feet or less measured at the center line of the highway, normal to the tracks. CITY shall maintain and repair, at CITY’s expense, any street improvements, including street lighting, sidewalks, curb and gutters , raised medians and traffic striping , traffic signals and signage within the at -grade highway -railroad CROSSING AREAS. This work shall be done pursuant to CPUC General Order 72-B.

5.2 CITY shall share equally with SCRRA the maintenance cost of the railroad crossing warning signals and signal controls in accordance with California Public Utilities Code (CPU Code) §1202.2, except that CITY’s liability thereof shall be limited to such funds as may be set aside for allocation through the CPUC, pursuant to CPU C ode §1231.1. SCRRA shall submit annual invoices to the CPUC for CITY’s share of the maintenance costs of the railroad crossing warning signals and signal controls, which costs shall be paid by the CPUC pursuant to CPU Code §1231.1. This results in no direct cost to the CITY for the maintenance of the automatic warning devices.

ARTICLE 6 – SCOPE OF WORK BY THE CITY

6.1 The CITY WORK to be performed by the CITY is described in Exhibit D-1 – CITY Scope of Work (hereinafter referred to as “CITY WORK”).

6.2 The CITY shall also make any and all arrangements for the installation or relocation o f wire lines, pipe lines, advertising signs, and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than SCRRA, which may be necessary for the construction of the PROJECT . CITY shall be responsible for any and all costs associated with these installations, relocations or takings, at no cost to SCRRA.

Citrus & Ceres Intersection Signalization Project
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6.3 The CITY shall be responsible for the removal and remediation of any and all contaminated or hazardous material encountered implementing the CITY WORK within the limits of the PROJECT and the CROSSING AREAS within each respective right -of way in accordance with applicable law or regulation.

ARTICLE 7 – SCOPE OF WORK AND ESTIMATE BY SCRRA

7.1 The RAILROAD WORK to be performed by SCRRA is described in Exhibit D -2 – SCRRA Scope of Work and Estimate , is estimated to be in the amount of Two-Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00). All PROJECT work performed by SCRRA, and the cost of the PROJECT will be at the sole cost and expense of the CITY including any overage beyond the estimated cost for the RAILROAD WORK.

7.2 Upon execution of the AGREEMENT and receipt from the CITY of a written notice to proceed with the RAILROAD WORK and full funding deposit, SCRRA will place orders for any needed materials or equipment, and issue contracts or task orders for any adjustment of SCRRA facilities necessary to permit construction of the PROJECT. Orders for ma terials, new contracts for construction, or task orders under existing contracts, will be issued in accordance with SCRRA procurement policies and the laws and regulations governing public agency contracts applicable to SCRRA.

7.3 SCRRA at CITY’s expense shall be responsible for the necessary removal and remediation of any and all contaminated or ha zardous material within the limits of the PROJECT which are within SBCTA right of way in accordance with applicable law or regulation. CITY shall provide SCRRA with prompt written notice of any contaminated or hazardous material, the source of which is in the SBCTA right of way.

ARTICLE 8 – CONSTRUCTION BY THE CITY

8.1 The CITY shall furnish, or cause to be furnished, all labor, materials, tools, equipment, and superintendence for the performance of the CITY WORK for which the CITY is responsible.

Citrus & Ceres Intersection Signalization Project
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8.2 The CITY shall provide a full -time resident engineer (RE) with experience in at -grade highway-railroad grade crossing projects on the PROJECT site during construction.

The RE must be an engineer licensed in the State of California and must have the authority to provide direction to the contractor(s) employed by the CITY, and to commit the CITY within a reasonable scope of authority.

It’s expected the RE will:
• Coordinate with SCRRA Staff and SCRRA Project Manager. • Ensure Contractor’s Compliance with SCRRA Safety Rules. • Support SCRRA Project Manager in ensuring appropriate permits and Site Specific Work Plans are in place and approved before advancing construction. • Stop any work whenever necessary to protect life safety and SCRRA property. • Reject materials and workmanship that do not conform to SCRRA Engineering Standards and Specifications.
• Direct unacceptable work to be removed and replaced with acceptable work. • Communicate and coordinate with the RWIC or flagging manager including scheduling flagging protection, work windows and Form B protection. • Ensure that all work shall be performed per SCRRA On- Track Safety Manual, GCOR, Cal OSHA, and all other guidelines that may apply to the tasks being performed.

Inspector(s) shall document and notify the contractor and SCRRA of non-compliant work. • Assist in coordinating the CITY WORK and work performed by SCRRA track and signal contractors at the CROSSING AREA.

The RE must have the following qualifications:
• Field experience in the areas above and have performed similar duties on an active Commuter or Class I Railroad.
• Field experience from a minimum of five at- grade highway -rail crossings construction projects on an active Commuter or Class I Railroad, preferably on SCRRA’s network. • A strong adherence to safety when working on and around operating railroads.

Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

• The ability and willingness to work when construction occurs during nights and weekends when there is less train activity.
• Actual field experience in earthwork, pavements, striping, signage, fencing, track work, site utilities, drainage, concrete, and structural steel. • Experience in coordination of RAILROAD WORK and CITY WORK within the CROSSING AREA.
• A basic understanding of the railroad signal system at the at- grade crossing. This includes the layout of the gates, loops, pull-boxes, conduits, houses and flashers, and order of which the elements at the crossing are installed.
• Familiar with SCRRA Engineering Standards and Specifications. • Understanding of SCRRA Operations. This includes Absolute Work Windows, Form B, Track & Time and potential impact from the construction to the train operations.

8.3 The CITY must supervise and inspect the operations of all contractor(s) employed by the CITY to assure compliance with the CITY WORK plans and specifications approved by SCRRA, the terms of this AGREEMENT, and all safety requireme nts of SCRRA. If SCRRA determines that proper supervision and inspection is not being performed by CITY personnel at any time during construction of the PROJECT, SCRRA has the right to stop construction (within or adjacent to its operating right-of-way). Construction of the PROJECT will not proceed until CITY corrects the objectionable condition or activity to the reasonable satisfaction of SCRRA. If SCRRA believes that the condition or activity is not being corrected in an expeditious manner, SCRRA will immediately notify the CITY, and the CITY agrees to immediately institute appropriate corrective action.

8.4 The CITY shall incorporate the requirements of Exhibit E-1, through and including Exhibit E-3 into each prime contract for construction of the PROJECT. The CITY shall exercise its authority as a PARTY to any contract for construction into which it enters: to ensure that its contractor(s) conforms with the requirements listed in Exhibit E-1, through and including Exhibit E-3, and to ensure that the operations, right-of-way, property, or other facilities of SCRRA, or the operations, property or facilities of others occupying or using SCRRA right-of-way, are protected at all times.

All work done by the CITY, or its contractor(s), on the right-of-way of SCRRA shall be done in a manner satisfactory to SCRRA.

Citrus & Ceres Intersection Signalization Project
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8.5 If needed, SCRRA and CITY shall establish mutually agreeable railroad work windows for the PROJECT prior to advertising the PROJECT for bid. To facilitate scheduling for the PROJECT, CITY shall require its contractor(s) to give SCRRA’s representative one hundred and five (105) calendar days advance notice of the proposed times and dates for any absolute work windows, whereby all railroad operations are suspended, to which SCRRA has agreed. Should, it become impracticable to provide the work window on the dates established due to train operations, service obligations, or other reasons provided in this AGREEMENT, SCRRA will provide the work window at the next reasonable available opportunity. SCRRA shall not be responsible for any additional costs and expenses resulting from a change in work windows.

8.6 The CITY shall furnish copies of the contractor(s) furnished submittals listed in Exhibit B-6 to SCRRA for review and approval prior to proceeding with the work covered by the submittals. Upon approval of the CITY, the contractor(s) may make the submittals directly to SCRRA PM. SCRRA shall be allowed forty-five (45) calendar days to complete its review of any submittals.

8.7 The CITY must notify SCRRA's Assistant Director – Construction Public Projects – Program Delivery Department of SCRRA, in writing, of the date on which CITY and its contractor(s) will meet with SCRRA for the purpose of making final inspection of the PROJECT. In addition, the CITY must advise SCRRA within fifteen (15) calendar days of the date that the CITY makes final acceptance of the PROJECT.

ARTICLE 9 – FUTURE QUIET ZONE

9.1 Should the CITY in the future desire a quiet zone at the CROSSING AREA, CITY must formally provide a written request for the installation of quiet zone at -grade highway -railroad crossing improvements to SCRRA. SCRRA, at CITY’s sole cost and expense, will include all the additional safety enhancements requir ed for quiet zone requirements for the at -grade highway- railroad crossings as contained in this PRO JECT in order to qualify the crossings for quiet zone implementation. In doing so, the estimated costs for any future work to be performed by SCRRA will be determined and included in an amendment to this AGREEMENT or another agreement to cover any contemplated quiet zone safety enhancements as well as any additional cost to SCRRA that will be reimbursed by CITY, as a result of this additional work.

Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

9.2 CITY further acknowledges that if it elects to establish a quiet zone within its jurisdictional boundaries pursuant to the Federal Railroad Administration (“FRA”) and SCRRA’s Quiet Zone Implementation Guidelines and Procedures adopted April 21, 2006, CITY shall follow SCRRA’s Quiet Zone Implementation Criteria , which will be incorporated as though fully set forth herein into this AGREEMENT through a written amendment executed by the CEO or other similar officer of each of the PARTIES with delegated authority to ex ecute such amendments to the AGREEMENT.

ARTICLE 10 – DISTRIBUTION OF COSTS

10.1 The source of funding for the PROJECT may include federal, state and local funds. All contracts, expenses and invoicing for this PROJECT shall meet the requirements of the funding and agreements attached to this AGREEMENT as Exhibit F.

10.2 If the CITY 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, and construction work by the CITY and its contractor(s) shall be performed, and any reimbursement to SCRRA for work it performs, shall be made in accordance with the Federal Aid Policy Guide.

10.3 Notwithstanding any provision of 23 CFR 210, the CITY agrees to assume, in accordance with 23 CFR 210 (d), all responsibility for any and all shares of the cost for which SCRRA might otherwise be responsible. SCRRA shall not, in any event, be required to commit its own funds or that of its member agencies to the PROJECT.

ARTICLE 11 – PAYMENT FOR SCRRA WORK (RAILROAD WORK)

11.1 Upon the execution of this AGREEMENT and prior to any PROJECT work commencing, the CITY shall deposit $250,000 with SCRRA for the RAILROAD WORK, representing 100% of estimated SCRRA project costs contained in Exhibit D-2 – SCRRA Scope of Work and Estimate.

Citrus & Ceres Intersection Signalization Project
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During the construction of the PROJECT, SCRRA will send CITY at a minimum quarterly progress statements detailing the costs of the RAILROAD WORK performed by SCRRA under this AGREEMENT. If at any time, the actual cost, including the estimated allocated overhead, exceeds eighty percent (80%) of the amount estimated in Exhibit D-2 and SCRRA determines that additional funds will be needed to complete the PROJECT , SCRRA shall notify the CITY and provide an updated estimate for approval . Once approved by the CITY, an amendment to this AGREEMENT shall be executed to fund the additional estimated cost. Progress statements shall be sent to:

Jazmine Pena
Assistant Engineer
City of Fontana, Engineering
8353 Sierra Ave
Fontana, CA 92335

11.2 Until SCRRA receives formal approval of its final overhead rates, the Federal Transit Administration provisional overhead rate will be provided for cost estimation and budgeting purposes. SCRRA will invoice utilizing the Federal Transit Administration provisional overhead rate until the Federal Transit Administration, SCRRA’s cognizant audit agency, has approved the final rate at the completion of its audit, at which time SCRRA will reconcile all previous invoices and make adjustments where appropriate. Upon completion of the PROJECT, and after the SCRRA overhead rate for each period covering the construction of the PROJECT is approved by the cognizant audit Agency, SCRRA will send CITY a detailed statement of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit D-2.

11.3 SCRRA, if it so elects, may recalculate and update the RAILROAD WORK estimate in Exhibit D-2 in the event the CITY does not commence construction on the portion of the PROJECT located on the right -of-way of SCRRA within six (6) months from the date of the RAI LROAD WORK.

11.4 CITY acknowledges that the RAILROAD W ORK estimate contained in Exhibit D -2, includes an estimate of the flagging costs provided by SCRRA for work on SBCTA right-of-way and in the vicinity of the CROSSING AREA that is to be paid by CITY in connection with the Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

PROJECT. Any additional cost of flagging incurred by SCRRA or the CITY is to be paid by the CITY. In the event of new construction and maintenance, SCRRA at the sole cost and expense of the CITY, shall coordinate with the CITY in providing flagging. The CITY shall coordinate with the appropriate SCRRA representative for flagging.

11.5 Notwithstanding the amount of the RAILROAD WORK provided by SCRRA, the CITY agrees to reimburse SCRRA for one hundred percent (100%) of all actual and documented costs incurred by SCRRA in connection with the PROJECT including, but not limited to, actual costs of construction inspection, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the normal and customary additives applicable to SCRRA (which shall include direct and indirect overhead costs) associated therewith.

ARTICLE 12 - CONTRACTOR'S RIGHT OF ENTRY PERMIT AND INSURANCE

12.1 Entry onto the SCRRA right-of-way by either CITY or its contractor(s) shall at all times be subject to the current (at time of entry) requirements for entering the SCRRA right-of-way and the SCRRA procedures and requirements for securing railway flagging or other protective services.

12.2 The CITY shall incorporate the provisions set forth in Exhibit E-1, through and including Exhibits E-3 into each contract for any work involving construction of the PROJECT or future maintenance work. The CITY shall further require that each of its contractor(s) comply with the requirements set forth in Exhibit E-1, through and including Exhibits E-3, in this AGREEMENT.

12.3 If the CITY retains a contractor(s) to perform any work involving the PROJECT (including initial construction and any subsequent relocation or maintenance and repair work), the CITY shall require the contractor(s) to:

a) Execute SCRRA "Form 6 – Temporary Right-of Entry-Agreement" or similar form of AGREEMENT as adopted by SCRRA at the time that any future work is performed without modification. A copy of SCRRA Form 6 as currently adopted by SCRRA is included with this AGREEMENT as Exhibit E-3.

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b) Furnish and provide the bonds, insurance policies, certificates, binders, endorsements or combinations thereof in accordance with the insurance requirements accompanying SCRRA "Form 6 – Temporary Right-of Entry-Agreement" and as described in Exhibit “A” of Exhibit E-3.

12.4 The CITY shall not allow any contractor(s) to commence any work in the CROSSING AREAS or on any other portion of the SCRRA right-of-way until the contractor(s) has provided the required insurance and the right-of-entry is approved and signed by SCRRA.

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

SCRRA
2558 Supply Street
Pomona, CA 91767

12.6 The CITY may not self-insure any portion of the insurance coverage for work performed by the employees of the CITY without prior approval of SCRRA.

12.7 Under no circumstances will personnel, equipment, or material of a contractor(s) or the CITY be allowed on the SCRRA right-of-way without providing the insurance required by this article and arranging for flagging or other protective services.

ARTICLE 13- EFFECTIVE DATE; TERM AND TERMINATION.

13.1 This AGREEMENT shall become effective as of t he date signed by SCRRA , and shall continue in full force and effect for as long as the at-grade CROSSING AREAS exists.

13.2 In the event the CITY does not commence construction on the portion of the PROJECT located on the CROSSING AREAS within twelve (12) months of the effective date of the AGREEMENT, SCRRA may, if it so elects, terminate this AGREEMENT effective upon delivery of thirty (30) calendar days written notice to the CITY.

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13.3 Either SCRRA or CITY may suspend its performance, under this AGREEMENT if it becomes impracticable to proceed because of the lack of funding or restrictions on the distribution of funds.

13.4 If the AGREEMENT is terminated or suspended as provided above, or for any reason, the CITY shall pay to SCRRA all actual costs incurred by S CRRA or its contractor(s) in connection with the PROJECT up to the date of termination or suspension, including, without limitation, all actual costs incurred by SCRRA, including allocated overhead.

ARTICLE 14 - CONDITIONS PRECEDENT TO START OF WORK

14.1 Neither the CITY nor any contractor(s) retained by the CITY may commence any CITY WORK within the CROSSING AREAS until all of the following have occurred:

a) SCRRA and the CITY have executed this AGREEMENT;

b) SCRRA has provided to the CITY SCRRA’s final written approval of the CITY WORK PS&E;

c) Each contractor(s) has executed SCRRA "Form No. 6 - Temporary Right-of- Entry Agreement" and has obtained and provided to SCRRA the insurance policies, certificates, binders, endorsements, or a combination thereof set forth in the "Form 6 – Temporary Right-of-Entry Agreement; and

d) All required sums for payment of SCRRA as described in Article 11.1 have been deposited with SCRRA.

ARTICLE 15 - INDEMNIFICATION

15.1 Neither SCRRA, nor the Operating Railroads, nor any of SCRRA’s board members, Citrus & Ceres Intersection Signalization Project
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member agencies, officers, agents, volunteers, contractor(s), or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the pa rt of CITY under or in connection with any aspect of the PROJECT, CITY WORK, authority or obligation agreed to by the CITY under this AGREEMENT. The CITY shall indemnify, defend and hold harmless SCRRA, any Operating Railroads, as identified by SCRRA, as well as their respective board members, member agencies, officers, agents, volunteers, contractor(s,) and employees (“SCRRA Indemnitees”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the SCRRA Indemnitees arising out of or connected with any negligent acts or omissions on the part of the CITY, its council, officers, agents, contractor(s), or employees under or in connection with any aspect of the PROJECT, CITY WORK, authority or obligation agreed to by the CITY under this AGREEMENT. This indemnity shall survive completion of the PROJECT, CITY WORK, and RAILROAD WORK and termination of this AGREEMENT.

15.2 Neither the CITY, nor its council, officers, agents, contractor(s), or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCRRA under or in connection with any RAILROAD WORK, work, authority or obligation agreed to by SCRRA under this AGREEMENT. SCRRA shall indemnify, defend and hold harmless CITY, as well as their respective council, officers, agents, contractor(s), and employees (“CITY Indemnitees”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the CITY Indemnitees arising out of or connected with any negligent acts or omissions on the part of SCRRA, its board members, officers, agents, volunteers, contractor(s) or employees under or in connection with any aspect of the RAILROAD WORK, authority or obligation agreed to by SCRRA under this AGREEMENT. This indemnity shall survive completion of the PROJECT , CITY WORK and RAILROAD WORK and termination of this AGREEMENT.

15.3 In contemplation of the provisions of Government Code §895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being PARTIES to an Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

agreement, as defined in Government Code §895, each of the PARTIES hereto, pursuant to the authorization contained in Government Code §895.4 and §895.6, will assume the full liability imposed upon it or any of its officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of §895.2 of such code. To achieve this purpose, each other agrees to indemnify and hold harmless each other for any cost or expense that may be imposed upon each other solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if incorporated herein.

ARTICLE 16 - GENERAL PROVISIONS

16.1 This AGREEMENT shall continue in force and effect unless otherwise provided herein, until mutual termination by the PARTIES or the elimination or removal of an at-grade highway railroad crossing, whichever occurs first. The covenants and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of CITY and SCRRA.

16.2 This AGREEMENT may be modified or amended only in writing. All modifications, amendments, changes and revisions of this AGREEMENT, in whole or part and from time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by the CITY and SCRRA.

16.3 This AGREEMENT and the exhibits attached hereto contain the entire understanding between the PARTIES and supersede any prior written or oral understanding and agreement between them regarding the s ubject matter of this AGREEMENT . There are no representations, agreements, arrangements or understandings, oral or written, between the PARTIES relating to the subject matter of this AGREEMENT, which are not fully expressed herein.

16.4 The PARTIES to this AGREEMENT shall maintain all records associated with the PROJECT for the period of three (3) years from the date of the final invoice in accordance with 23 CFR 645. If funding is provided by State and FHWA, under Section 130, the books pertaining to the work shall be open to inspection and audit by representatives of the State and FHWA for three (3) years after FHWA Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

payment of final invoice. Furthermore, each PARTY shall make all records available for audit by SCRRA, or CITY, or Federal auditors, or all or any combination. All audits are to be performed in accordance with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31.

16.5 In addition to the specific provisions of this AGREEMENT, delay in performance by any PARTY hereunder shall not be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; weather; fires; casualties; accidents; emergencies; acts of God; acts of the public enemy; epidemics; pandemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; Federally-mandated inspections and maintenance; and/or any other causes beyond the control or without the fault of the PARTY claiming an extension of time for any such cause. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of commencement of the cause. If, however, notice by the PARTY claiming such extension is sent to the other PARTY more than thirty (30) calendar days after the commencement of the cause, the period shall commence to run only thirty (30) calendar days prior to the giving of such notice.

16.6 The execution and delivery of this AGREEMENT by each PARTY and the consummation of the transactions contemplated hereby are within the power of each PARTY and have been duly authorized by all necessary actions of each respective PARTY.

16.7 In the event any part of this AGREEMENT is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such part shall be deemed severed from the remainder of this AGREEMENT and the balance of this AGREEMENT shall remain in effect.

16.8 This AGREEMENT shall be construed and interpreted under the laws of the State of California.

16.9 The article and section headings in this AGREEMENT are for convenience only and shall not be used in its interpretation or considered part of this AGREEMENT.

16.10 Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to have been given when in the ordinary course it would be delivered. The representatives of the Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands and communications shall be given, are as follows:

CITY: SCRRA:

Jeffery Kim Andrew Althorp
Engineering Manager Assistant Director, Construction
Public Project

City of Fontana SCRRA/Metrolink
8353 Sierra Avenue 2558 Supply Street
Fontana, CA 92335 Pomona, CA 91767
E-mail: [email protected]
E-Mail: [email protected]
Telephone: (909) 350-6724 Telephone: (909) 593-6973

Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be duly executed in by their duly qualified and authorized officials.

SOUTHERN CALIFORNIA REGIONAL CITY OF FONTANA

RAIL AUTHORITY

By: ________________________________ By: ______________________________ Darren M. Kettle Shannon Yauchzee
Chief Executive Officer Interim City Manager

Date: ________________________________ Date: _______________________________

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: ______________________________ By: ______________________________ Don O. Del Rio Ruben Duran
General Counsel City Attorney

Date: ________________________________ Date: _______________________________

EXHIBIT A

To Construction and Maintenance Agreement
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

Standard Terms and Conditions

Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 2

EXHIBIT A

To Construction and Maintenance Agreement

TERMS AND CONDITIONS

SECTION 1 - CONDITIONS AND COVENANTS

a) SCRRA makes no covenant or warranty of title for quiet possession or against encumbrances. The CITY 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 CITY s hall not use or permit use of the CROSSING AREA for other railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on SBCTA's right-of-way by or under authority of the CITY for the purpose of conveying electric power or communicati ons incidental to the CITY's use of the right -of-way for highway purposes shall be constructed in accordance with specifications and requirements of SCRRA, and in such manner as not adversely to affect communication or signal lines of SCRRA or its licensees now or hereafter located upon said right-of-way. No non -party shall be admitted by the CITY to use or occupy any part of SBCTA 's right-of-way without SCRRA's written consent. Nothing herein shall obligate SCRRA to give such consent.

b) The right here by granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. The CITY shall not damage, destroy or interfere with the right-of-way or rights of nonparties in, upon or relating to the SBCTA right-of-way, unless the CITY at its own expense settles with and obtains releases from such nonparties.

c) SCRRA and its member agencies reserve 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 right-of-way; also the right to cross the CROSSING AREA with all kinds of equipment. SCRRA further reserves the right to attach signal, communication or power lines to any highway facilities located upon the SBCTA right-of-way, provided that such attachments shall comply with CITY's specifications and will not interfere with the use of the CROSSING AREA.

d) So far as it lawfully may do so, the CITY 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

Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 3

CROSSING AREAS, excepting taxes levied upon and against the right -of-way as a component part of SCRRA's operating right-of-way.

e) If any property or rights other than the right granted by this AGREEMENT and the attached easements or licenses a re necessary for the construction, maintenance and use of the s tructure and its appurtenances, or for the performance of any work in connection with the PROJECT, the CITY will acquire all such other property and rights at its own expense and without expense to SCRRA.

SECTION 2 - CONSTRUCTION OF PROJECT

a) All work contemplated in this AGREEMENT must be performed in a good and workmanlike manner and each portion must be promptly commenced by the PARTY obligated by this AGREEMENT to perform the work. All work must be diligently prosecuted to conclusion in its logical order and sequence. All changes or modifications proposed during construction which affect SCRRA or the interests of SCRRA will be subject to SCRRA's approval prior to the commencement of work on all such changes or modifications.

b) Except as may be otherwise specifically provided herein, the CITY, at its expense, shall furnish all necessary labor, material tools, equipment, and superintendence, and shall construct and complete the PROJECT. 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 SCRRA tracks.

Upon completion of the PROJECT, the CITY shall remove from SBCTA's right-of-way all temporary structures and false work, and will leave the CROSSING AREA and adjacent right-of-way in a condition satisfactory to SCRRA.

c) The CITY, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the PROJECT, and will furnish SCRRA upon request with satisfactory evidence that such authority has been obtained. The CITY shall act as the lead agency on all planning, zoning, environmental approval and permitting activities required by State or Federal law and shall obtain and pay for all other permits and licenses required by law or regulation for the PROJECT.

d) All construction work of the CITY upon SBCTA's right-of-way (including, but not limited to, construction of the PROJECT) shall be performed and completed in a manner satisfactory to SCRRA in accordance with the PS&E for the CITY WORK, SCRRA’s Minimum Requirements set forth in Exhibit B-5,

Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 4

B-6, D-1, E-1, E-2, E-3 and other guidelines or standards furnished by SCRRA.

e) CITY shall require its contractor(s) to reasonably adhere to the construction schedule adopted for all PROJECT work. Reasonable time must be allowed in the schedule for SCRRA to perform the RAILROAD WORK for which it is responsible. However, regardless of the requirements of the construction schedule, SCRRA reserves the right to reallocate the labor forces assigned to complete the RAILROAD WORK in the event of an emergency to provide for the immediate restoration of railroad operations or to protect persons or property on or near any SCRRA owned property. SCRRA will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The PARTIES mutually agree that any reallocation of labor forces by SCRRA pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this AGREEMENT by SCRRA.

f) All construction work of the CITY shall be performed diligently and completed within a reasonable time and in any event within three (3) years from the effective date of this AGREEMENT, or within such further period of time as may be specified in writing by SCRRA. No part of the PROJECT shall be suspended, discontinued or unduly delayed without SCRRA's written consent and subject to such reasonable conditions as SCRRA may specify. It is understood that SCRRA'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 CITY. The CITY hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against SCRRA.

g) SCRRA will have the right to stop the CITY WORK on the PROJECT if any of the following events take place:

i) CITY or any of its contractor(s) performs the PROJECT work in a manner contrary to the PS&E approved by SCRRA;
ii) CITY or any of its contractor(s), in SCRRA’s opinion, prosecutes the PROJECT work in a manner which is hazardous to SCRRA property, facilities or the safe and expeditious movement of railroad traffic;
iii) the insurance required by the AGREEMENT is canceled during the course of the PROJECT or does not meet the minimum requirements specified herein; or iv) CITY fails to pay any non-disputed costs incurred by SCRRA as provided in the AGREEMENT.

Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 5

h) The work stoppage may continue until all necessary actions are taken by CITY or its contractor(s) to rectify the conditions to the satisfaction of SCRRA or until additional insurance has been delivered to and accepted by SCRRA or the obligations are brought current.

SECTION 3 - INJURY AND DAMAGE TO PROPERTY

If the CITY, in the performance of any work contemplated by this AGREEMENT or by the failure to do or perform anything for which the CITY is responsible under the provisions of this AGREEMENT , shall injure, damage or destroy any property of SCRRA or of any other person lawfully occupying or using the right-of-way of SBCTA, such property shall be replaced or repaired by the CITY at the CITY's own expense, or by SCRRA at the expense of the CITY, and to the satisfaction of SCRRA.

SECTION 4 - PAYMENT FOR WORK BY SCRRA

Payment for work by SCRRA shall be in accordance with Article 11- Payment for SCRRA Work (RAILROAD WORK) as set forth in this AGREEMENT.

SECTION 5 - MAINTENANCE AND REPAIRS

a) SCRRA Obligations - SCRRA will accept, own, and maintain, at its sole cost and expense, the following portions of the PROJECT:
a. the railroad roadbed, ballast, track and appurtenances; b. the railroad signal and communication facilities and appurtenances; c. the railroad maintenance roads on the railroad side of railroad access gates; d. the railroad drainage structures;
e. and other facilities to which SCRRA accepts title.

b) CITY Obligations. CITY will own and maintain, at its sole cost and expense, the following portions of the PROJECT:
a. the roadway including the roadway approaches and curbs, gutters, sidewalks and appurtenances thereto;
b. the traffic and queue-cutter signals and approach lighting; c. the roadway drainage structures, storm drain laterals, and collecting storm drains;

Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 6

d. the access roadways necessary to reach SBCTA’s right-of-way; the roadway signage and striping;
e. the ADA truncated domes and appurtenances for protection or benefit of pedestrians; f. and all other work constructed by the PROJECT excepting that for which SCRRA is responsible under this AGREEMENT or pursuant to law or regulation.

SECTION 6 - SAFETY MEASURES; PROTECTION OF SCRRA OPERATIONS

It is understood and recognized that safety and continuity of SCRRA'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 and/or incidents may be prevented and avoided, it is agreed with respect to all of said work of the CITY that the work will be performe d in a safe manner and in conformity with the following standards:

a) CITY and Contractor. All references in this AGREEMENT to the CITY shall also include the contractor(s), its subcontractors of any tier, 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 CITY shall include work both within and outside of SBCTA’s right-of-way.

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

c) No Interference or Delays. The CITY shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of SCRRA's tracks or facilities,

Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 7

or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using SBCTA's right-of-way or SCRRA’s facilities.

d) Supervision. The CITY, at its own expense, shall adequately supervise and inspect all work to be performed by the CITY, and shall not inflict injury to persons or damage to property for the safety of whom or of which SCRRA may be responsible, or to property of SCRRA. The responsibility of the CITY for safe conduct and adequate policing and supervision of the PROJECT shall not be lessened or otherwise affected by SCRRA's approval of plans and specifications, or by SCRRA's collaboration in performa nce of any work, or by the presence at the work site of SCRRA's representatives, or by compliance by the CITY with any requests or recommendations made by such representatives. If a representative of SCRRA is assigned to the PROJECT, the CITY will give du e consideration to suggestions and recommendations made by such representative for the safety and protection of SBCTA's property right-of-way and SCRRA’s operations.

e) Suspension of Work. If at any time the CITY's engineers or SCRRA shall be of the opinion that any work of the CITY is being or is about to be done or prosecuted without due regard and precaution for safety and security, the CITY shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.

f) Removal of Debris. The CITY shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any right -of-way of SBCTA or facilities of SCRRA; and any such material and debris shall be promptly removed f rom SBCTA's right-of-way by the CITY at the CITY's own expense or by SCRRA at the expense of the CITY. The CITY shall not cause, suffer or permit any water to be drained or pumped onto SBCTA's right-of-way during any dewatering from the CROSSING AREA without the prior permission of SCRRA.

g) Explosives. The CITY shall not discharge any explosives on or in the vicinity of SBCTA's right- of-way without the prior consent of SCRRA, which will not be given if, in the sole discretion of SCRRA, such discharge would be dangerous or would interfere with SBCTA 's right-of-way or SCRRA’s property or facilities. For the purposes hereof, the "vicinity of SBCTA's right-of-way" shall be deemed to be any place on SBCTA's right-of-way or in such close proximity to SBCTA's right-of-way that the discharge of explosives could cause injury to SCRRA's employees or other persons, or cause damage to or interference with the facilities or operations on SBCTA 's right-of-way. SCRRA reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives

Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 8

as SCRRA, in SCRRA's sole discretion, may deem to be necessary, desirable or appropriate.

h) Excavation. The CITY 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 SCRRA. The CITY shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect SCRRA's tracks or facilities. The CITY, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the CITY in connection with construction, maintenance or other work. Systems for the support of any excavation must conform to the requirements of SCRRA Excavation Support Criteria. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by SCRRA to withstand all stresses likely to be encountered, including any stresses resulting from railroad surcharges or vibrations caused by SCRRA's operations in the vicinity.

i) Falsework. No falsework may be erected over the track or on SBCTA’s right-of-way except as approved by SCRRA. All falsework must conform to the requirements of the Caltrans Falsework Manual for traffic openings and any additional provisions provided by SCRRA:

j) Drainage. The CITY, at the CITY's own expense, shall provide and maintain suitable facilities for draining the CITY WORK, and shall not suffer or permit drainage water there from to flow or collect upon right-of-way of SBCTA. The CITY, at the CITY'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 SCRRA's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the CITY, be impeded, obstructed, diverted or caused to back up, overflow or damage the right-of-way of SBCTA or property of SCRRA or any part thereof, or the property of others. The CITY shall not obstruct or interfere with existing ditches or drainage facilities.

k) Fiber Optic Cables. Fiber optic and other cable systems may be buried on SBCTA's right-of- way. 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. The CITY and its consultants and contractors shall telephone the Underground Service Alert of Southern California toll-free at (800) 227-2600 a minimum of five (5) calendar days before performing any excavation.

l) SCRRA Signal and Communication Facilities. SCRRA is not a member of Underground Service Alert of Southern California. The CITY, and its consultants and contractors, shall call SCRRA

Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 9

Signal Department at (909) 592-1346 to request marking of signal and communication cables or conduits or both a minimum of 72-hours prior to performing any excavation on SBCTA’s right-of-way. No work may proceed until you have been provided with an SCRRA dig number in addition to that provided by Underground Service Alert. In case of signal emergencies or grade crossing problems, the contractor shall call SCRRA's 24-hour signal emergency number at (888) 446-9721.

SECTION 7 - INTERIM WARNING DEVICES

If at any time it is determined by the CPUC or FRA, by the CITY, or by agreement between the PARTIES, that new or improved train activated warning devices should be installed at the CROSSING AREA, the CITY 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 warning devices has been completed.

SECTION 8 - OTHER RAILROADS AND AGENCIES

All protective and indemnifying provisions of this AGREEMENT shall inure to the benefit of SCRRA and any other Operating Railroad company lawfully using SBCTA's right-of-way or SCRRA’s facilities.

On any certificate of insurance furnished pursuant to this AGREEMENT, SCRRA must be named as the Certificate holder or the insured. The following must be named as an additional insured:

Los Angeles County Metropolitan Transportation Authority (MTA) Orange County Transportation Authority (OCTA)
Riverside County Transportation Commission (RCTC)
San Bernardino County Transportation Authority (SBCTA)
Ventura County Transportation Commission (VCTC)
Union Pacific Railroad Company (UPRR)
Burlington Northern Santa Fe Corp. (BNSF)
National Railroad Passenger Corporation (Amtrak)

SECTION 9 - REMEDIES FOR BREACH OR NONUSE

a) If the CITY shall fail, refuse or neglect to perform and abide by the terms of t his AGREEMENT, SCRRA, in addition to any other rights and remedies, may perform any work which in the judgment of SCRRA is necessary to place the CROSSING AREA and appurtenances in such condition as will not

Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 10

menace, endanger or interfere with SCRRA's facil ities or operations or jeopardize SCRRA's employees; and the CITY will reimburse SCRRA for the expenses thereof.

b) The CITY will surrender peaceable possession of the CROSSING AREA upon termination of this AGREEMENT. Termination of this AGREEMENT shall not affect any rights, obligations or liabilities of the PARTIES, accrued or otherwise, which may have arisen prior to termination.

END EXHIBIT A

EXHIBIT B-1

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover sheet for the

Detailed Description of Project

EXHIBIT B-1

DETAILED PROJECT DESCRIPTION
CITRUS – CERES INTERSECTION SIGNALIZATION PROJECT
PROJECT NO. 860994

The purpose of the PROJECT is to signalize the intersection of Citrus Ave and Ceres Ave and provide a queue-cutter signal at the highway-rail at-grade crossing at Citrus Ave, located along SCRRA’s San Gabriel Subdivision at Milepost 48.17 in the City of Fontana, San Bernardino County, California. The public will benefit from the proposed project through improvements to both public safety and convenience.

Associated Crossings CPUC # DOT #
Citrus Avenue Highway-Rail Crossing 101SG-48.17 026147A

The PROJECT proposes to construct pedestrian safety improvements on the crossing, which includes the following improvements as approved in the California Public Utilities Commission (CPUC) GO-88B Authorization letter:

• Install a traffic signal at the intersection of Citrus Avenue and Ceres Avenue. • Install queue-cutter signals at the crossing for southbound and northbound traffic, with queue detection loops in each direction.
• Interconnect the proposed queue-cutter signals with the railroad warning devices, including advance preemption.
• Install detectable warning strips on all sidewalk crossing approaches. • Install California Manual on Uniform Traffic Control Devices (CA MUTCD) compliant signage and pavement markings, including R8-8 “DO NOT STOP ON TRACKS” signs, R10-6 “STOP HERE ON RED” signs, W10-1 advance warning signs, “RXR” and railroad limit pavement markings.

All railroad signal, communication, and track systems will be Positive Train Control compliant.

EXHIBIT B-2

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

Railroad Location Print

Exhibit B-2
Railroad Location Print

Figure 1: Location Map

Figure 2: Vicinity Map

EXHIBIT B-3

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

PROJECT Plans

EXHIBIT B-4

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

PROJECT Specifications

Exhibit B-4
PROJECT Specifications

The CITY is currently completing the scope of the PROJECT and once finalized it will be incorporated into this AGREEMENT.

EXHIBIT B-5

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

SCRRA Form of Approval for CITY WORK
PS&E

Exhibit B-5
SCRRA Form of Approval for CITY WORK PS&E

The CITY is currently completing the PS&E for the CITY WORK and once finalized and approved by SCRRA, the approved PS&E for the CITY WORK shall be incorporated into this AGREEMENT.

EXHIBIT B-6

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

List of CITY Design and Contractor
Submittals Requiring SCRRA Review

Exhibit B-6
List of CITY Design Submittals Requiring SCRRA Review

DESCRIPTION

CROSSING LAYOUT

SIGNING AND STRIPING PLANS

TRAFFIC SIGNAL PLANS

Exhibit B-6
List of Contractor Submittals Requiring SCRRA Review

ALL SUBMITTALS SHALL BE IN ACCORDANCE WITH SPECIFICATION as incorporated in SCRRA Form 37
(COORDINATION WITH RAILROAD OPERATIONS)

SECTION DESCRIPTION ARTICLE
SECTION 1 CONSTRUCTION SCHEDULE 1.4
SECTION 1 WEEKLY LOOK-AHEAD SCHEDULE 1.4
SECTION 1 DOCUMENT CONTROL PLAN 1.4
SECTION 1 TESTING AND INSPECTION PLAN 1.4
SECTION 1 SITE SPECIFIC WORK PLANS 1.4
SECTION 4 REQUESTING WORK WINDOWS 4.4
SECTION 5 DEMOLITION AND REMOVAL PLANS 5.1
SECTION 5 EXCAVATION AND BACKFILL PLANS 5.2
SECTION 5 TRACK MONITORING PLAN 5.3
SECTION 5 DRILLING AND PILE DRIVING PLANS 5.4
SECTION 5 BORING AND JACKING PLANS 5.5
SECTION 5 BORING AND JACKING TRACK
MONITORING PLAN 5.6
SECTION 5 TEMPORARY STRUCTURES PLANS 5.7
SECTION 5 CLEARANCES 5.8
SECTION 5 TEMPORARY TRAFFIC CONTROL PLANS 5.9

EXHIBIT C-1

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

Easements of CROSSING AREAS

Exhibit C-1
Easements of CROSSING AREAS

The CITY is currently completing the easements of the CROSSING AREAS in cooperation with SBCTA and once finalized in writing by both PARTIES, it will be incorporated into this AGREEMENT.

EXHIBIT D-1

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

CITY Scope of Work and Estimate

EXHIBIT D-1

CITY SCOPE OF WORK

CITY WORK by CITY is generally defined as the following activities:
• Install new traffic signals at intersection of Citrus Avenue and Ceres Avenue. • Install intersection lighting.
• Minor road improvements.
• Modify all signing and striping to accommodate roadway improvements. • Install queue-cutter signals at railroad crossing.
• Install new ADA truncated domes.
• Install signs as needed.
• Install interconnect cables up to RR signal house.
• Incorporate new railroad preemption time.

EXHIBIT D-2

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization Project
Cover Sheet for the

SCRRA Scope of Work and Estimate

EXHIBIT D-2

RAILROAD WORK AND COST ESTIMATE
Citrus – Ceres Intersection Signalization

RAILROAD WORK by SCRRA is generally defined as the following activities:

In support of the traffic signal and queue-cutter equipment installation by the CITY, SCRRA will provide advanced preemption timing through track circuitry and signal house improvements. SCRRA will provide interconnection between the railroad and traffic systems.

RAILROAD WORK COST ESTIMATE

The estimated cost for the RAILROAD WORK is provided below.

Category Description Estimated Cost
Construction
Design Support during
construction – Signal
$15,000
Material Procurement –
Signal
$34,000
Maintenance Support –
Signal
$5,000
Construction – Signal $86,000
Other (Permits, Fees, etc.) $3,000
Flagging & RWP Training $25,000
PTC Updates $12,000
Construction Management $25,000

Management &
Support

Agency $20,000

Contingency $25,000

TOTAL ESTIMATE $250,000

EXHIBIT E-1

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization Project
Cover Sheet for the

SCRRA Highway-Rail Grade Crossings Manual,
Standards, and Criteria

Exhibit E-1

Please refer to the current SCRRA Grade Crossing Manual, Standards, and Excavation Support Criteria found in the Design Criteria Manual, Chapter 15 posted on Metrolink’s website using the following links:

SCRRA Grade Crossing Manual
https://metrolinktrains.com/globalassets/about/engineering/scrra_grade_crossing_ manual.pdf

SCRRA Grade Crossing Standards
https://metrolinktrains.com/globalassets/about/engineering/4000-grade-xing.pdf

SCRRA Excavation Support Guidelines found in the Design Criteria Manual, Chapter 15
https://metrolinktrains.com/globalassets/about/engineering/scrra_design_criteria_ manual.pdf

EXHIBIT E-2

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization Project
Cover Sheet for the

Requirements of the Contractor(s)

EXHIBIT E-2

REQUIREMENTS FOR CONTRACTORS

COORDINATION WITH RAILROAD OPERATIONS

1.0 GENERAL REQUIREMENTS

1.1 DESCRIPTION

This Project includes construction work within the operating right-of-way of the Southern California Regional Rail Authority (SCRRA). This Exhibit E-2 describes coordination with the SCRRA when work by the Contractor will be performed upon, over, under, or adjacent to the SCRRA right-of-way or may impact current or future SCRRA operations. The Contractor must coordinate with the SCRRA while performing the work described in the PS&E for the CITY WORK, and shall afford the same cooperation with the SCRRA as it does with the City. All submittals and work shall be completed in compliance with these Requirements, SCRRA guidelines and other requirements. Reference is made to the Construction and Maintenance Agreement between SCRRA and City (Construction and Maintenance Agreement) of which these Requirements are a part.

1.2 REQUIREMENTS OF THE CONTRACTOR

All railroad tracks within and adjacent to the Project site are to be assumed as active and rail traffic over these facilities must be maintained throughout the Project. Activities may include both through moves and switching moves to local customers. SCRRA and other 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 interfere with SCRRA Operations.

The Contractor, and its sub-contractors of any tier (collectively referred to as the Contractor), must cooperate with SCRRA during construction of the Project when any of the following conditions are present:

A. Where work is performed on the right-of-way of the SBCTA; B. When the work is over or under or adjacent to the tracks of the SCRRA; C. When excavations are performed within 30-feet of the centerline of the nearest track; or D. When the work has the potential to foul (obstruct) any tracks or reduce any clearance below the allowable minimum.

The Contractor shall inform itself of the expected train movements prior to implementing its plans for any portion of the work.

The Contractor may not move, relocate, remove, obstruct, or otherwise interfere with any railroad tracks, signals, signs, flags, or other facilities, or any service or connection to any railroad facility.

All work on SCRRA tracks, signals, communication equipment, and other facilities must be performed by SCRRA.

The Contractor's right to enter the SBCTA right-of-way is subject to the absolute right of SCRRA to cause the Contractor's work on the SBCTA right-of-way to cease if, in the sole opinion of SCRRA, the Contractor's activities create a hazard to the SBCTA right-of-way, or SCRRA employees, or SCRRA operations, or any combination thereof.

The Contractor shall execute and deliver duplicate copies of the SCRRA Form 6 – Temporary Right of Entry Agreement, in the form included with the Construction and Maintenance Agreement, Exhibit E-3. The Contractor shall comply with all requirements stipulated in the Right of Entry Agreement, and shall maintain all insurance in full force during the time that its work is performed on or adjacent to the SBCTA right-of-way. The Contractor shall f urnish Railroad Protective Insurance in the amounts listed in SCRRA Form 6 – Temporary Right of Entry Agreement is a requirement of working on or adjacent to the SBCTA right-of-way

The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains. Work activities shall be confined to the times specified by SCRRA , unless otherwise permitted by SCRRA. Work windows that provide the Contractor exclusive track occupancy on all tracks will not be granted unless identified by SCRRA , and then only upon an advance notice of 75 calendar days prior to the date on which the work window is desired.

The details of construction affecting the SBCTA right-of-way and tracks not included in the PS&E for the CITY WORK must be submitted to the SCRRA for approval before work is undertaken and this work must not be undertaken until approved by the SCRRA.

A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and con struction sequence for all work to be performed, shall be provided by the Contractor to the City for submittal to the SCRRA for review and approval prior to commencement of work. This schedule shall also include the anticipated dates on which the above lis ted 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.

The Contractor must notify the SCRRA Project Representative, not less than 30 calendar days before commencing any work on SBCTA right-of-way. Contractor’s notification to SCRRA shall be in writing and must refer to the file no. referenced in the respective C&M Agreement.

The Contractor shall perform no work on the SBCTA right-of-way until all its employees, including sub-contractors of any tier, have attended and passed the Safety Orientation Class described in SCRRA Form 6 – Temporary Right-of-Entry Agreement.

The SCRRA Project Representative for this project is:

Maria Leible
SR. Railroad Civil Engineer
Southern California Regional Rail Authority
2558 Supply Street, Pomona, California 91767
Phone: (213) 808-7144

All notices and submittals to the SCRRA Project Representative are to be made through the City's Resident Engineer or other designated representative of the City.

The Contractor, at its sole expense, shall adequately supervise all work to be performed by the Contractor. The responsibility of the Contractor shall not be lessened or otherwise affected by SCRRA’s approval of the plans and specifications for the Project, or by the presence at the work site of a SCRRA or City Representative.

1.3 Submittals

Construction submittals requiring SCRRA approval, and Requests for Information (RFI) requiring a reply from SCRRA, must be forwarded to the City who in turn will forward to the SCRRA Project Representative. SCRRA shall be allowed 45 calendar days for review of all submittals. Upon written approval of the CITY, the contractor or contractors may make the submittals directly to SCRRA Project Representative and the City simultaneously.

The details of the construction affecting the operations, facilities, or right-of-way, or the operations or facilities of other entities using the right-of-way, not already included in the Project plans and specifications, shall be submitted by the Contractor for review by SCRRA. Written approval must be obtained from SCRRA before such construction is undertaken.

The SCRRA's review and approval of the City’s or the Contractor's plans in no way relieves the City and Contractor from their responsibilities, obligations or liabilities under the Contract between the City and the Contractor for the Project, or in the separate SCRRA Form 6 – Temporary Right of Entry Agreement. SCRRA's approval will be given with the understanding that the SCRRA makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of City's and/or Contractor's plans and that any reliance by the City or the Contractor with respect to such plans is at the risk of the City and the Contractor.

2.0 CONTRACTOR SAFETY REQUIREMENTS

2.1 CONTRACTOR GENERAL SAFETY REQUIREMENTS

Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by the Contractor within or adjacent to the right-of-way of SBCTA must be in compliance with this specification

and the requirements of SCRRA Form 6 – Temporary Right of Entry Agreement.

All personnel working on, over, or under the SBCTA right-of-way must be equipped with personal protective equipment (PPE) meeting applicable OSHA and ANSI specifications.

Personal protective equipment must be appropriate for the task performed. Employees, agents or invitees of Contractor shall possess the following minimum equipment while on the right-of- way:

A. Safety glasses with side shields conforming to ANSI Z87.1 – Occupational and Educational Personal Eye and Face Protection Devices
B. Protective Helmets (Hard Hats) conforming to ANSI Z89.1 – Requirements for Protective Headwear for Industrial Workers, Type I or II, Class G or E; C. Safety shoes with hardened toes conforming to ASTM F 2413. Shoes must lace above the ankle and have a defined heel.

D. High visibility ORANGE (and only orange) retro-reflective work wear. (Green and Red shirts, vests, or other outerwear are not permitted within the SCRRA right-of-way because of the use of the same colors for signals to trains).

E. Evidence of SCRRA railroad safety training (decal or card).

Hearing protection, face and eye shields, fall protection, gloves, and respirators must be worn as required by State and Federal regulations.

The Contractor must not pile or store any materials, machinery or equipment within the SBCTA Right-of-Way, or closer than 25'-0" to the center line of the nearest track, or in a manner that blocks access to SCRRA facilities and equipment. Dirt, aggregates, or other similar loose materials must be covered to prevent migration of the material toward the track. Dust or blowing soil or debris must be controlled in accordance with South Coast Air Quality Management District Rule No. 402 and Rule No. 403.

Materials, machinery or equipment must not be stored or left within 250 feet of any highway railroad at-grade crossings, where storage of the same will interfere with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor must establish a storage area with concurrence of the SCRRA Project Representative.

Machines or vehicles must not be left unattended with the engine running. Parked machines and equipment must be turned off and must be in gear with brakes set. If equipped with blade, pan or bucket, the blade, pan or bucket is to be lowered to the ground. All machinery and equipment left unattended on SBCTA right-of-way must be left inoperable and secured against movement.

The Contractor must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations.

All wires and cables must be considered active, dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means.

All damage to SCRRA Property, or any hazard noticed on passing trains must be reported immediately to the railroad flagger, if a flagger is present, or in the absence of a railroad flagger, to SCRRA's Metrolink Operations Center (MOC) at (888) 446-9721. Any vehicle or machine which comes in contact (regardless of the strength of the impact) with track, signal equipment, or a structure (e.g. bridge) may result in a train derailment and must be reported immediately to the SCRRA Project Representative and to the SCRRA Flagger, if a flagger is present, or in the absence of a railroad flagger, to SCRRA's MOC. Phone numbers for utility and SCRRA emergency response are to be obtained from the SCRRA Project Representative prior to the start of any work and must be posted at the job site.

Special permission must be obtained from the SCRRA before moving heavy or cumbersome objects or equipment which might result in making the track impassable.

Any employees, agents or invitees of Contractor or its sub-contractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the SBCTA right-of-way and subsequently released to the custody of a representative of the Contractor's management. Future access to the SBCTA right-of-way by that employee will be denied.

All persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on SBCTA right-of-way.

2.2 SAFETY TRAINING AND COMMUNICATION

Before beginning any task on the right-of-way of SBCTA, a thorough job safety briefing must be conducted with all personnel involved with the task. The briefing must include the procedures the Contractor will use to prevent its employees, sub-contractors, agents or invitees from moving any equipment adjacent to or across any SCRRA tracks without the appropriate protection to railroad operations. Additional job safety briefings must be conducted anytime that the job tasks or conditions affecting the job tasks, change or are revised.

When Contractor employees are required to work on the SBCTA right-of-way after normal working hours or on weekends, the SCRRA Project Representative must be notified. A

minimum of two employees must be present at all times.

2.3 SCRRA Railway Protective Services

The Contractor must request and arrange for a flagger, inspector and/or other protective services from SCRRA authorized representative for the following conditions:

A. When the Contractor’s work activities are within the right of way of SBCTA.

B. When the Contractor's work activities are located over or under a track or tracks.

C. When cranes, pile drivers, drill rigs, concrete pumps, or similar equipment positioned outside of the right-of-way could foul the track in the event of tip over or other catastrophic occurrence,
D. When in the opinion of the SCRRA it is necessary to safeguard the employees, trains, engines and facilities of SCRRA.

E. When any excavation is performed below the elevation of the track sub- grade, or track or other railroad facilities may be subject to movement or settlement.

F. When work in any way interferes with the safe operation of trains at timetable speeds.

G. When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity.

H. When clearing, grubbing, grading, or blasting is in proximity to the Property which, in the opinion of SCRRA or representative of an SCRRA member agency, may endanger the Property or operations.

I. When street construction and maintenance activities, located within the right-of-way or in the vicinity of the highway-rail grade crossing, requiring temporary work area traffic control, which may affect or create unsafe conditions for employees, public, trains and vehicles.

Flagging services will be performed by SCRRA using Federal Railroad Administration qualified Railway flaggers furnished through SCRRA. Personnel of the Contractor may not perform flagging or other protective services for railroad operations.

Flagging services are generally provided by one employee who can protect up to 10 people.

However, additional personnel may be required to protect the facilities and operations of SCRRA, if deemed necessary by the SCRRA Project Representative or other authorized SCRRA employee. Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. Additional overtime will be charged for the setting and removal of advance flags for work performed under Track Bulletins and Exclusive Track Occupancy rules.

The estimated cost for one (1) flagger is $1,750 for a ten (10) hour basic day with time and one- half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, railroad and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals,

lodging and supervision. However, the flagging rate in effect at the time of performance of the work by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. The City will reimburse SCRRA under a separate agreement for all cost and expense incurred by SCRRA in connection with the safety and protective services.

The Contractor shall call the phone number provided with the executed copy of SCRRA Form 6 – Temporary Right-of Entry Agreement, a minimum of 25 calendar days in advance of the date that flagging services will be required. Flagmen will not be scheduled until the Contractor has executed the SCRRA Form 6 – Temporary Right of Entry Agreement.

2.4 Track Occupancy and Work Windows

The Contractor’s operations are subordinate to the operation of trains on the SBCTA right-of- way, whether passenger or freight. All work upon the SBCTA right-of-way shall be done at such times and in such a manner as not to interfere with or endanger the SCRRA Operations. SCRRA will strive to cooperate with the Contractor such that the work may be handled and performed in an efficient manner, however, The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event its work is delayed by rail operations.

Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to the SCRRA Project Representative for approval, but such approval shall not relieve the Contractor from any 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 SCRRA is available at the job site.

There is one main track that crosses the Citrus Ave crossing. Trains of SCRRA and the BNSF Railway operate over the tracks traversing the Project site.

The average train traffic on this route is 14 freight trains per 24-hour period at a timetable speed of 55 MPH and 30 passenger trains at a timetable speed of 79 MPH. Passenger train traffic is approximately limited to the hours of 4:00 AM and 12:00 Midnight. Freight trains are operated 24 hours a day, seven days a week. In addition to scheduled freight service, extra freight trains may be operated as traffic warrants.

Track occupancy and work windows for this Project must be coordinated with SCRRA. SCRRA will provide the following Conditional Work Windows as defined below:

Conditional Work Window using Track Bulletin Form B (Form B): A period of time in which SCRRA operations have priority over construction activities. When construction activities may occur on the right-of-way of SBCTA or the activities have the potential to foul the track as defined above, a SCRRA flagger will be required. At the direction of the flagger, upon approach

of a train, and when trains are present on the tracks, the tracks must be cleared and work stopped.

To clear tracks, no construction equipment, materials or personnel may remain within 25 feet of the centerline of the nearest track or as directed by the SCRRA flagger. Conditional Work Windows are available for the Project subject to SCRRA's local operating unit review and approval, however, construction activities utilizing cranes, pile drivers, drill rigs, concrete boom pumps or other swinging or boom operated equipment over the track or within 25-ft of the SBCTA right-of-way may not be performed under Form B except on approval of SCRRA. Work under Track Bulletin Form B will not be available between 4:00 AM and 7:00 PM Monday through Friday.

Conditional Work Window Using Time Controlled Access (Track and Time): A period of time in which SCRRA operations have priority over construction activities, but limited periods free of train traffic may be provided subject to approval of the SCRRA dispatcher. A SCRRA flagger will be required. Track and Time will typically be issued in 30-minute increments during non- peak periods between 4:00 AM and 10:00 PM. Track and Time will not be available during peak commuting periods, or when the scheduled time between passenger trains is 45 minutes or less.

At the expiration of the allowed time, the tracks must be cleared (i.e., no construction equipment, materials or personnel within 25 feet from the centerline of the nearest track or as directed by the SCRRA flagger). Track and Time Conditional Work Windows on one main track are available for the Project subject to the approval of the SCRRA dispatcher between the hours of 7:00 PM and 4:00 AM Daily, and on two main tracks between the hours of Midnight and 4:00 AM.

Track Out of Service Single or Multiple Track: A period of time in which train operations are restricted to specific tracks. One or more SCRRA flagmen are required. One main track may be removed from service between the hours of 7:00 PM and 4:00 AM except in cases of unusual occurrences. Two main tracks may be removed from service between the hours of 12:00 Midnight and 4:00 AM except in cases of unusual occurrences. Exclusive Track Occupancy on Main Track 1 and Main Track 2 at other times is not available.

The Contractor shall make requests in writing to the SCRRA Project Representative and the City for Conditional Work Windows, at leas t 25 calendar days in advance of the desired Conditional Work Windows. The written request must include:

A. Description of work to be performed
B. Description of tasks, equipment utilized, and sequence of work C. Drawing illustrating the work, lay-down, parking and staging areas D. Drawings illustrating Temporary Traffic Control in vicinity of tracks E. A schedule of the days and hours that work will be performed F. The exact location of the work and proximity to the tracks G. The type of window and amount of time requested
H. The designated contact person for the Contractor
The Contractor shall provide a written confirmation notice to the SCRRA Project Representative

not less than 25 calendar days prior to commencing work in connection with the approved work windows when work w ill be performed within the SBCTA right-of-way. All work shall be performed in accordance with previously approved work plans.

Should a condition arise from, or in connection with, the Project work which requires immediate and unusual actions to be made to protect operations and property of the SCRRA, the Contractor shall undertake such actions. If, in the judgment of the SCRRA or the City, such actions are insufficient, the SCRRA 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 SCRRA. The SCRRA or City have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of the SCRRA or City, the Contractor’s operations may inhibit the SCRRA Operations. In the event such an order is given, the Contractor shall immediately notify the City of the order.

3.0 PROTECTION OF SIGNALS, COMMUNICATION LINES, AND UTILITIES

3.1 SIGNALS, COMMUNICTION FACILITIES, AND UTILITIES

Signal, communication, fiber-optic, petroleum, natural gas, electric power and other utilities are present in the SBCTA right-of-way. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits, danger to train operations, and release of potentially flammable compounds. 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 all applicable laws and regulations, and the SCRRA “Excavation Support Criteria.”

Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area by calling the Southern California Underground Service Alert. SCRRA is not a member of Underground Service Alert (DigAlert) and SCRRA signal and communication lines must be located separately. The Contractor must contact the SCRRA Signal Department separately. All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating.

In addition to calling the Southern California Underground Service Alert (Dig Alert), the Contractor shall call the SCRRA’s “Call Before Your Dig” number at least 72 hours prior to commencing work at (909) 592-1346 during normal business hours. In case of emergencies involving SCRRA signal or communication facilities, the Contractor shall call (888) 446-9721.

The signal and communication emergency phone line is staffed 24 hours a day, 7 days a week. to determine location of fiber optics. If a telecommunications system is buried anywhere on or near SCRRA property, the Contractor will co-ordinate with the SCRRA and the Telecommunication

Company to arrange for relocation or other protection of the system prior to beginning any work on or near SCRRA property.

It shall be the responsibility of the Contractor, through the City, 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.

SCRRA has no obligation to supply additional SCRRA property for non-railroad facilities affected by this Project, nor does the SCRRA have any obligation to permit non railroad facilities to be abandoned in place or relocated on SBCTA’s property. Any facility or utility that crosses the SBCTA right of way must be covered under an agreement or license with SBCTA including, without limitation, any relocation of an existing facility or utility.

SCRRA will, if required, rearrange its communications and signal lines, grade crossing warning devices, train signals, tracks and facilities that are in use and maintained by SCRRA forces in connection with its operation. This work by the SCRRA will be done by its own forces or by Contractors under a continuing contract and is not a part of the work under the Contract for the construction of the Project. The Contractor must allow sufficient time in its schedule to permit SCRRA to issue the necessary task orders to its contractors order material, and perform any necessary work.

4.0 CONSTRUCTION

4.1 Excavation

The Contractor shall not make any excavations on the SBCTA right-of-way, nor within the zone of railroad load influence as shown in the SCRRA Excavation Support Criteria, until the Contractor’s support of excavation plans and calculations are approved in writing by SCRRA.

The Contractor must cease all work and notify the SCRRA immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these requirements.

All excavations must be conducted in compliance with applicable law and regulations and, regardless of depth, must be shored when within the zone of railroad load influence, or when necessary to protect structures, facilities, or personnel. Excavations located on the SBCTA right- of-way shall conform to the SCRRA Excavation Support Criteria. Designs for all temporary structures supporting tracks or excavations adjacent to the tracks shall include railway surcharge loading imposed by a Cooper E-80 live load.

Any excavations, holes or trenches on the SBCTA right-of-way must be covered, guarded and protected when work is not actively prosecuted. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that SCRRA employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as quickly as practicable.

4.2 Protection of Track

The Contractor must take protective measures necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from its operations or weather. No portion of any equipment may be set or operated on the tracks at any time. The Contractor will be required to use powered lifting devices such as cranes or winches to place or to remove any forms or falsework over SCRRA's tracks.

The Contractor shall not drop material onto the tracks at any time except upon prior written approval of SCRRA, and only upon the concurrent approval by SCRRA of the Contractor’s method of protecting the track from impacts and debris. No blasting shall be performed on or adjacent to the right-of-way without the written approval of SCRRA. Driven piles shall be limited to locations shown on the Contract Drawings or, if needed for temporary support of excavation, to the locations approved by SCRRA. The track shall be monitored by differential leveling for vertical displacement during any pile driving or other operations capable of displacing the ground.

The Contractor, at its expense, shall 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 SCRRA property, tracks and facilities of SCRRA and its tenants and other having the right to use the SBCTA right-of-way. The Contractor must submit a proposed method of erosion control and have the method reviewed and approved by the SCRRA prior to beginning any grading on the project site. Erosion control methods must comply with all applicable local, state an d federal regulations.

Tracks, ballast, and other SCRRA facilities must be covered and protected during any demolition or removal operations over or in the vicinity of the tracks. The Contractor shall submit its plans for protection of the tracks to the SCRRA Project Representative for approval, and receive approval, prior to beginning any demolition or removal operations.

At other than public road crossings, the Contractor shall not move any equipment or materials across SCRRA's tracks until permission has been obtained from the SCRRA, and the Contractor has obtained a "Temporary Private Crossing Agreement" from the SCRRA. The temporary crossing shall be constructed in accordance with SCRRA standards and gated and locked at all times when not required for use by the Contractor. Temporary crossings for the use of the Contractor will be at the expense of the Contractor.

Notwithstanding any approval by SCRRA, the Contractor shall be responsible for the protection of the track, signals, communications, SCRRA operations, and the public. Damage to railway facilities resulting from Contractor's operations will be repaired or replaced by SCRRA and the cost of such repairs or replacement shall be paid to SCRRA by the Contractor. The Contractor shall maintain appropriate barriers or fencing to prevent the use of the SBCTA right-of-way by the public at all times during construction. The Contractor shall maintain all barriers, fencing, and temporary construction works in good repair and free of graffiti at all times. The Contractor shall provide additional fencing or barriers as needed to deter the public from entering the right- of-way within the limits of the construction.

4.3 Clearances

The Contractor must not pile or store any materials, machinery or equipment closer than 25'-0" to the center line of the nearest SCRRA track. Materials, machinery or equipment must not be stored or left within 250 feet of any highway railroad at-grade crossings, where storage of the same will interfere with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor must establish a storage area with concurrence of the Railroad's representative.

Unless shown otherwise on the Contract Drawings, the Contractor shall abide by the following temporary clearances during construction. The Contractor shall not place forms, materials, spoils, or other temporary constructions, including bracing or work platforms, within the clear area unless approved in writing by SCRRA:

12’-0” Horizontally at right angles from centerline of nearest track 22’-6” Vertically above top of rail
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts

At no time shall the Contractor reduce the minimum clearances required by the California Public Utilities Commission (CPUC) General Order 26-D, or block or restrict the visibility of any signal or railroad warning device. Any infringement within the clearances established by General Order 26-D due to the Contractor's operations must be submitted to the SCRRA and to the City and must not be undertaken until approved in writing by the SCRRA, and until the City has obtained any necessary authorization from the CPUC for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending approval by SCRRA, or approval by the CPUC, or both.

In the case of impaired vertical clearance above top of rail, SCRRA will have the option of

installing tell-tales or other protective devices SCRRA deems necessary for protection of SCRRA operations. The cost of tell-tales or protective devices will be borne by the Contractor.

Reduced temporary construction clearances, w hich are less than construction clearances defined above, will require special review and approval by the SCRRA and possible the CPUC. Any proposed variance on the specified minimum clearances due to the Contractor’s operations shall be submitted to the SCRRA Project Representative and the City at least thirty (30) calendar days in advance of the work. No work shall be undertaken until the variance is approved in writing by the SCRRA Project Representative.

Parallel to the outer side of each exterior tra ck of multiple operated tracks 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 12 feet 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 practicable. Walkways with 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’ -0" perpendicular from the center line of tangent track or 10’ – 0” horizontal from curved track.

4.4 Temporary Vehicular Traffic Control

The Contractor’s operations which control traffic across or around SCRRA facilities shall be coordinated with and approved by the SCRRA and City and shall be in compliance with the CA MUTCD. Traffic control in the vicinity of highway – railroad grade crossings shall conform to the SCRRA Criteria for Temporary Traffic Control.

SCRRA will not permit temporary at grade crossings unless absolutely necessary and there is no alternative route available to Contractor to access the Project site. Alternative plans must be considered to avoid crossing SCRRA tracks at grade.

5.0 HAZARDOUS AND CONTAMINATED MATERIALS

5.1 Control, Discharge, and Disposal

Discharge, release or spill on the SBCTA right -of-way of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the SCRRA Project Representative of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow the SBCTA right-of-way to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue.

If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious

material, including any non-containerized commodity or material, on or adjacent to SBCTA right- of-way, in or near any surface water, swamp, wetlands or waterways adjacent to the right-of-way, while performing any work on this Project, the Contractor must immediately: (a) notify the City's Resident Engineer, (b) notify SCRRA's Project Representative, of such discovery; (c) take safeguards necessary to protect its employees, sub-contractors, agents and third parties: and (d) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release.

6.0 INSEPCTION AND OBSERVATION

6.1 Site Inspections by Railroad Project Representative

In addition to the office reviews of construction submittals, site observations will be performed by the City, SCRRA, or a Consultant to SCRRA at significant points during construction as determined by SCRRA. Site visits to check the progress of work may be performed at any time throughout the construction process as deemed necessary by the SCRRA.

6.2 Site Inspections and Testing by Regulatory Authorities and SCRRA

Federal or State representatives may also conduct inspections and tests to ensure compliance with 49 CFR 214 – Railroad Workplace Safety regulations. A person or persons found to be not in compliance with the appropriate regulations may receive personal monetary fines by the regulatory authorities, or may be barred from the SBCTA Right-of-Way, or both. SCRRA maintains an Efficiency Testing program to verify compliance with Federal and State regulations. SCRRA representatives may make inspections and conduct tests to judge the effectiveness of the safety training, and compliance with SCRRA requirements. The Contractor shall cooperate with SCRRA and Federal or State representatives at all times.

7.0 CLEANING AND RESTORATION

7.1 Cleaning Of Right-Of-Way

The Contractor shall, upon completion of the work to be performed within the SBCTA right-of- way and/or properties of the SCRRA and adjacent to its tracks, wire lines and other facilities, promptly remove from the SBCTA right-of-way all Contractor’s tools, implements and other materials whether brought upon the SBCTA right-of-way by the Contractor or any sub-contractors employee or agent of Contractor or of any sub-contractor, and leave the SBCTA right-of-way in a clean and presentable equal or better than existed at the start of the Project work.

END of EXHIBIT E-2

EXHIBIT E-3

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization Project
Cover Sheet for

SCRRA Form 6
Temporary Right-of-Entry Agreement and SCRRA
Insurance Requirements

EXHIBIT E-3
SCRRA Form 6
Temporary Right-of-Entry Agreement and Exhibit A: Insurance Requirements

Please refer to the current SCRRA Temporary Right-of-Entry Agreement SCRRA Form No. 6 posted on Metrolink’s website using the following links:

SCRRA Temporary Right-of-Entry Agreement
https://metrolinktrains.com/globalassets/about/engineering/scrra-form-no-6-june- 30-2021.pdf

EXHIBIT F

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization Project
Cover Sheet for

Funding Schedule

Exhibit F
Citrus – Ceres Intersection Signalization Project
Funding Summary

Agency Fund Expiration Amount
City of Fontana Measure I Local Fund 246 $250,000
Grand Total $250,000