Agenda — Jurupa Valley City Council, September 1, 2022 (part 1 of 2)

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REGULAR MEETING AGENDA

OF THE JURUPA VALLEY CITY COUNCIL
Thursday, September 1, 2022
Regular Meeting: 7:00 p.m.

City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509

1. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING ● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member

2. INVOCATION

3. PLEDGE OF ALLEGIANCE
A. As a courtesy to those in attendance, we ask that cell phones be turned off or set to their silent mode and that you keep talking to a minimum so that all persons can hear the comments of the public and City Council.

B. A member of the public who wishes to sp eak under Public Comments must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. Each agenda item up will be open for public comments before taking action. Public comments on subjects that are not on the agenda can be made during the “Public Appearance/Comments” portion of the agenda.

C. If the Meeting is conducted via teleconferencing pursuant to Government Code Section 54953(e), the public may submit comments to the City Council via email or via telephone prior to the Mayor calling the item. Email comment shall be sent to:

[email protected]. Telephone comments may be made by calling (951) 332 - 6464, Ext. 140. Email and telephone comments are subject to the same rules as in -person comments.

D. Members of the public who wish to comment on the CONSENT CALENDAR may do so during the Public Comment portion of the Agenda prior to the adoption of the Consent Calendar.

E. As a courtesy to others and to assure that each person wishing to be heard has an opportunity to speak, please limit your comments to 3 minutes.

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4. APPROVAL OF AGENDA

5. PRESENTATIONS
A. RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES -
INTRODUCTION OF “PET OF THE MONTH”
B. RECOGNITION OF JOSE IBARRA FOR OBT AINING THE “ MASTER CODE ENFORCEMENT PROFESSIONAL” CERTIFICATION
C. PROCLAMATION CELEBRATING CONSTITUTION WEEK

6. PUBLIC APPEARANCE/COMMENTS

7. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS

8. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

There are no reports.

9. CITY MANAGER’S UPDATE

10. APPROVAL OF MINUTES

A. AUGUST 18, 2022 REGULAR MEETING

11. CONSENT CALENDAR (COMMENTS ON CONSENT AGENDA TAKEN HERE) (All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.)

A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF

THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN

THE AGENDA
Persons wishing to address the City Council on subjects other than those listed on the Agenda are requested to do so at this time. A member of the public who wishes to speak under Public Appearance/Comments OR the Consent Calendar must fill out a “Speaker Card” and submit it to the City Clerk BEFORE the Mayor calls for Public Comments on an agenda item. When addressing the City Council, please come to the podium and state your name and address for the record. While listing your name and address is not required, it helps us to provide follow -up information to you if needed. In order to conduct a timely meeting, we ask that you keep your comments to 3 minutes. Government Code Section 54954.2 prohibits the City Council from taking action on a specific item until it appears on an agenda.

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Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.

B. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$13,183,063.52

Requested Action: That the City Council ratify the check registers dated August 3, 10, and 17, 2022; as well as the payroll registers dated July 31 and August 5 and 19, 2022.

C. APPROVAL OF PARC EL MAP NO. 37842 LOC ATED AT 5680 ASH

STREET, INCLUDING ACCEPTANCE OF OFFERS OF DEDICATION

1. Requested Action: That the City Council approve Parcel Map No. 37842 and accept the dedications as follows:
a. Accept the offer of dedication of easement for ingress, egress, and emergency vehicle access over Parcels 1 and 2 inclusive as shown on Parcel Map No. 37842.

2. Authorize the Mayor and City Clerk to sign Parcel Map 37842.

D. AWARD OF CONSTRUCTION AGREEMENT TO VANCE CORPORATION FOR 2021-2022 CITYWIDE PAVEMENT REHABILITATION, CIP #21101

1. Requested Action: That the City Council approve and award a construction agreement to Vance Corporation in the amount of $2,078,482.50 for the 2021-2022 Citywide Pavement Rehabilitation, CIP #21101, for the work included in its bid proposal and authorize the City Manager to execute the Agreement in the form attached to the staff report; and

2. Authorize the City Manager to execute any subsequent related minor amendments to the Agreement with Vance Corporation, up to 10% as contingency to cover the cost of any unforeseen conditions.

E. RESOLUTION ADOPTING CREDIT CARD CONVENIENCE FEE

Requested Action: That the City Council adopt Resolution No. 2022-99, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

V ALLEY, CALIFORNIA, ADOPTING THE ACCEPTANCE OF

PAYMENTS OF FEES, FINES, SERVICES AND OTHER DEBTS TO THE CITY BY CREDIT CARD; AND ESTABLISHING THE CREDIT CARD

CONVENIENCE FEE TO BE COLLECTED FOR THE USE OF A CREDIT CARD

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F. ACCEPTANCE OF OFFERS OF DEDICATION FOR AN EASEMENT FOR

PUBLIC ROAD AND DRAINAGE PURPOSES AT THE HALL AVENUE

AND AGUA MANSA ROAD INTERSECTION (CARSON -VA

INDUSTRIAL II, LP, A DELAWARE LIMITED PARTNERSHIP)

1. Requested Action: That the City Council accept the offer of dedication of an easement for public road and drainage purposes including public utility and public services purposes over Parcel “1” and Parcel “2” as shown on Exhibit B of DED21-010.

2. Authorize the Director of Public Wor ks and City Clerk to sign the Acceptance of Dedication of DED21-010.

G. CONSIDERATION OF PUB LIC HIGHWAY AT -GRADE CROSSING

AGREEMENTS BETWEEN THE CITY OF JURUPA VALLEY AND

UNION PACIFIC RAILRO AD COMPANY COVERING THE

RECONSTRUCTION AND W IDENING OF RUTILE ST REET AND

PEDLEY ROAD AT-GRADE PUBLIC ROAD CROSSINGS

1. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Union Pacific Railroad Company covering the reconstruction and widening of Rutile Street at -grade public road crossing and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney; and

2. That the City Council approve the Agreement between the City of Jurupa Valley and Union Pacific Railroad Company covering the reconstruction and widening of Pedley Road at -grade public road crossing and au thorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

H. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND K&A
ENGINEERING, INC. FOR THE ENGINEERING DESIGN SERVICES OF MARKET STREET WIDENING PROJECT NUMBER 19108

Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and K&A Engineering, Inc. for Engineering Services for the Market Street Widening Project No. 19108 and au thorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

I. APPROVAL OF TWO AGRE EMENTS BETWEEN THE C ITY OF
JURUPA VALLEY AND TK E ENGINEERING, INC. AND DENNIS
JANDA, INC. FOR ON -CALL LAND SURVEYING A ND ENGINEERING

SERVICES

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1. Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and TKE Engineering, Inc. for On -Call Land Surveying and Engineering Services and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney; and

2. That the City Council approve the Agreement between the City of Jurupa Valley and Dennis Janda, Inc. for On -Call Land Surveying Services and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

J. AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND PATH OF LIFE MINISTRIES, INC. FOR

ADMINISTRATION OF THE CRISIS STABILIZATION HOUSING

PROGRAM

Requested Action: That the City Council approve the Agreement by and between the City of Jurupa Valley and Path of Life Ministries, Inc. for administration of the Crisis Stabilization Units for an amount not to exceed $200,000.00, and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

K. APPROVAL OF CONSULTANT AGREEMENT BETWEEN THE CITY OF

JURUPA VALLEY AND B&A GRANT SERVICES & SOFTWARE FOR

GRANT WRITING SERVICES

Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and B&A Grant Services for grant writing services and authorize the City Manager to execute the Agreement.

12. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONS ENT

CALENDAR

13. PUBLIC HEARINGS

14. COUNCIL BUSINESS

A. REMOVAL OF ARMANDO CARMONA FROM THE PLANNING

COMMISSION UNDER JURUPA VALLEY MUNICIPAL CODE SECTION

2.35.020.B AT THE REQUEST OF MAYOR PRO TEM LESLIE

ALTAMIRANO

Mayor pro Tem Leslie Altamirano has re quested that the City Council consider removing Armando Carmona from the Planning Commission under Section

2.35.020.B of the Jurupa Valley Municipal Code.

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B. APPOINTMENT OF TWO COUNCIL MEMBERS TO CITY
LEGISLATIVE AD HOC SUBCOMMITTEE FOR FY 2022-23

1. Requested Action: That the City Council establish the “Legislative Ad Hoc Subcommittee” for FY 2022-23 that will: 1) work with the City staff and the City’s state and federal lobbyists, to develop a legislative platform ; 2) report to Council on important legislative and regulatory matters of interest; and 3) review and respond to requests for state legislation support/opposition letters.

2. Appoint two Councilmembers to sit on the City’s Legislative Ad Hoc Committee for the 2022-2023 Fiscal Year.

15. CITY ATTORNEY’S REPORT

16. COUNCIL MEMBER REPORTS AND COMMENTS

17. ADJOURNMENT
Adjourn to the Regular Meeting of September 15, 2022 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.

In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if you need special assistance to participate in a meeting of the Jurupa Valley City Council or other services, please contact Jurupa Valley City Hall at (951) 332 -6464. Notification at least 48 hours prior to the meeting or time when services are needed will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Agendas of public meetings and any other w ritings distributed to all, or a majority of, Jurupa Valley City Council Members in connection with a matter subject to discussion or consideration at an open meeting of the City Council are public records. If such writing is distributed less than 72 hour s prior to a public meeting, the writing will be made available for public inspection at the City of Jurupa Valley, 8930 Limonite Avenue, Jurupa Valley, CA 92509, at the time the writing is distributed to all, or a majority of, Jurupa Valley City Council M embers. The City Council may also post the writing on its Internet website at www.jurupavalley.org.

Agendas and Minutes are posted on the City’s website at www.jurupavalley.org.

AGENDA ITEM NO. 10.A
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MINUTES

OF THE REGULAR MEETING

OF THE JURUPA VALLEY CITY COUNCIL
August 18, 2022

1. 6:00 PM - CALL TO ORDER AND ROLL CALL FOR CLOSED SESSION ● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
Mayor Chris Barajas called the closed sess ion meeting to order at 6:01 p.m.

Council Member Brian Berkson was absent.

2. CONVENE TO CLOSED SESSION
A. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS
There were no public comments regarding the closed session item.

Council Member Brian Berkson arrived at 6:10 p.m.

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City
Council met in closed session pursuant to Government Code Section 54956.8 regarding the potential purchase of certain real property interests in the real property located at APN 171-020-001, Pyrite Street between Mission B oulevard and the SR 60 Freeway in the City o f Jurupa Valley 92509. The parties to the negotiations for the purchase of the property are: City of Jurupa Valley and Pyrite Investments, LLC. Negotiators for the City of Jurupa are: Rod Butler, Michael Flad, Joe Perez and Peter Thorson. Under negotiation are the price and terms of payment for the potential purchase of the property.

3. RECONVENE IN OPEN SESSION
A. ANNOUNCEMENT OF ANY REPORTABLE ACTIONS I N CLOSED

SESSION
City Attorney Peter Thorson announced that there were no reportable actions taken.

4. 7:00 PM - CALL TO ORDER AND ROLL CALL FOR REGULAR MEETING

RETURN TO AGENDA

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● Chris Barajas, Mayor
● Leslie Altamirano, Mayor Pro Tem
● Lorena Barajas Bisbee, Council Member
● Brian Berkson, Council Member
● Guillermo Silva, Council Member
Mayor Chris Barajas called the regular meeting to order at 7:00 p.m.

5. INVOCATION was given by Pastor Greg Rondeau, Calvary Chapel, Jurupa Valley.

6. PLEDGE OF ALLEGIANCE was led by Council Member Brian Berkson.

7. APPROVAL OF AGENDA
A motion was made by Council Member Lorena Barajas , seconded by Mayor Pro Tem Leslie Altamirano, to approve the Agenda.

Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

8. PRESENTATIONS
A. INTRODUCTION OF FIRE DIVISION CHIEF WILLIAM OTTERMAN Chief William Otterman introduced himself as the City’s new Fire Chief. Chief Otterman stated that he will succeed Fire Chief Jeff Viek who has been promoted.

Chief Otterman outlined his background, adding that he looks forward to working with the City Council.

9. PUBLIC APPEARANCE/COMMENTS
The City Clerk read an email from Masaki Mendoza voicing support of Consent Calendar Item No. 14.F. Mr. Mendoza voiced support of the Zoning Code Amendment as repealing parking minimums is a good policy from an economic and environmental perspective as it can make housing less expensive.

Sara Rhoads requested that the Council come up with a permanent solution for the City’s homeless crisis.

Steve Rhoads stated that as a long-time resident, he is concerned that there are several party houses that are violating the City’s noise ordinance. He asked if there are plans to improve Pedley Road.

Michael Clayton stated that he has lived in the Rubidoux area for more than 50 years. He asked when street lights, sidewalks, and infrastructure will be allocated for his neighborhood.

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Elsa Ruiz voiced concern that trucks are avoiding the designated truck routes and are traveling down residential streets. This is causing damage and potholes to t he roadway.

She asked that the City order the property owner at the end of Alta Street and Avalon to clean up their property as it is full of tires, beds, and trash.

Randy Bekendam, representing the Southern California Agricultural Land Foundation, stated that he and his daughter Amy operate Amy’s Farm in Ontario. He described the mission of their non -profit, which came into existence 35 years ago. He encouraged the City Council to preserve the City’s agricultural land.

10. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS
Mayor Pro Tem Leslie Altamirano encouraged residents to contact the Council with any questions or concerns. She encouraged residents in Council District 1 to contact her directly as she is their district representative.

11. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

A. MAYOR CHRIS BARAJAS

1. Mayor Chris Barajas announced that the Western Community Energy Joint meeting of the Board of Directors and T echnical Advisory Committee meeting of August 10, 2022 was canceled.

B. COUNCIL MEMBER BRIAN BERKSON

1. Council Member Brian Berkson gave an update on the Mobile Source Air Pollution Reduction Review Committee meeting of August 18, 2022.

C. COUNCIL MEMBER GUILLERMO SILVA

1. Council Member Guillermo Silva gave an update on the Northwest Mosquito and Vector Control District meeting of August 18, 2022.

12. CITY MANAGER’S UPDATE

City Manager Rod Butler gave an update on various upcoming community events: The first of two State of the City events will be held Tuesday, September 27th; the second State of the City event will be held Thursday, September 29 th; the Veteran’s Celebration and Festival will be held Saturday November 12th starting with a community parade on Mission Boulevard. The annual City Hall Open House and Tree Lighting ceremony will be held on Friday, December 2nd. Further details on these events will be forthcoming.

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13. APPROVAL OF MINUTES

A. AUGUST 3, 2022 SPECIAL MEETING
B. AUGUST 4, 2022 REGULAR MEETING
A motion was made by Council Member Guillermo Silva, seconded by Council Member Brian Berkson, to approve the Minutes of the August 3, 2022 special meeting and the August 4, 2022 regular meeting.

Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

14. CONSENT CALENDAR
A. COUNCIL APPROVAL OF A MOTION TO WAIVE THE READING OF

THE TEXT OF ALL ORDINANCES AND RESOLUTIONS INCLUDED IN

THE AGENDA

Requested Action: That the City Council waive the reading of the text of all ordinances and resolutions included in the agenda.

B. ORDINANCE NO. 2022-14

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2022-14, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY ADDING
CHAPTER 9.267 TO TITLE 9 OF THE JURUPA VALLEY MUNICIPAL

CODE TO ESTABLISH AN INCLUSIONARY HOUSING REQUIREMENT

AND AFFORDABLE HOUSING IN LIEU FEE AND MAKING FINDINGS

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
C. ORDINANCE NO. 2022-15

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2022-15, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLE Y, CALIFORNIA,

APPROVING AN AMENDME NT TO THE CITY OF JURUPA V ALLEY

OFFICIAL ZONING MAP CHANGING THE ZONE S OF
APPROXIMATELY 8.34 ACRES OF REAL P ROPERTY LOCATED

SOUTH OF VERNOLA MARKETPLACE SHOPPING CENTER, EAST OF
INTERSTATE 15 (I -15), AND WEST OF PATS R ANCH ROAD AT THE INTERSECTION OF 65TH STREET (APNS: 152 -640-005, -006) FROM

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INDUSTRIAL PARK (I -P) ZONE TO GE NERAL RESIDENTIAL (R -3)

ZONE, AND MAKING FINDINGS PURSUANT TO CEQA

D. REAFFIRM FINDINGS AUTHORIZING CITY COUNCIL TO MEET IN

WHOLE OR IN PART BY TELECONFERENCING UNDER
GOVERNMENT CODE SECTION 54953(E) DURING THE COVID -19

STATE AND LOCAL EMERGENCY

Requested Action: That the City Council adopt Resolution No. 2022 -96, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, AUTHORIZING PUBLIC MEETINGS OF THE

CITY COUNCIL TO BE HELD WITH A TELECONFERENCE OPTION

FOR MEMBERS OF THE CITY COUNCIL AND THE PUBLIC DUE TO
THE GOVERNOR’S DECLARATION OF EMERGENCY AND THE CITY
COUNCIL’S DECLARATION OF LOCAL EMERGENCY PURSUANT TO
GOVERNMENT CODE SECTION 54953(e), AND MAKING FINDINGS

AND DETERMINATIONS REGARDING THE SAME

E. LEASE AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND

MCE CORPORATION FOR LEASE OF PORTIONS OF JURUPA

VALLEY OPERATIONS CENTER

Requested Action: That the City Council approve the Lease Agreement between the City of Jurupa Valley and MCE Corporation for lease of portions of Jurupa Valley Operations Center and authorize the City Manager to execute the agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

F. INITIATION OF A ZONING CODE AMENDMENT TO COMPLY WITH ASSEMBLY BILL 1851 PERTAINING TO THE DEVELOPMENT OF

HOUSING AND PARKING REDUCTIONS WHEN AFFILIATED WITH

RELIGIOUS INSTITUTIONS

Requested Action: That the City Council initiate a Zoning Code Amendment to comply with Assembly Bill 1851 pertaining to housing development and parking reductions when affiliated with religious institutions.

G. RESOLUTION OF SUPPORT FOR GRANT APPLICATION FOR THE

BRIDGE INVESTMENT PR OGRAM, A COMPETITIVE G RANT

PROGRAM FOR THE MARK ET STREET BRIDGE REP LACEMENT

PROJECT FUNDED BY FEDERAL AND REGIONAL FUNDS

1. Requested Action: That the City Council adopt Resolution No. 2022 -97, entitled:

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

JURUPA VALLEY, CALIFORNIA, TO SUPPORT THE

SUBMISSION OF THE BR IDGE INVESTMENT PROG RAM (BIP)

COMPETITIVE GRANT AP PLICATION FOR THE MA RKET

STREET BRIDGE REPLAC EMENT PROJECT FUNDED BY

FEDERAL AND REGIONAL FUNDS

2. That the City Council authorize staff to submit the grant application for the Market Street Bridge project.

H. APPROVAL OF AGREE MENT BETWEEN THE CIT Y OF JURUPA
VALLEY AND WEST COAS T ARBORISTS, INC. FO R ON-CALL TREE

TRIMMING SEVICES

Requested Action: That the City Council approve the agreement between the City of Jurupa Valley and West Coast Arborists, Inc., for On -Call Tree Trimming and Maintenance Services and authorize the City Manager to execute the agreement in substantially the form and format attached to the staff report as approved by the City Attorney.

I. APPROVAL OF PURCHASE OF ONE TOYOTA HIGHLANDER HYBRID

LE VEHICLE FROM CROWN TOYOTA

Requested Action: That the City Council approve the purchase of one 2022 Toyota High lander Hybrid LE vehicle, at the cost of $50,031.40, utilizing funding from Assembly Bill 2766 ("AB 2766") Program of the South Coast Air Quality Management District, included in the FY 2022-23 Budget.

J. APPROVAL OF DISPOSITION OF SURPLUS EQUIPMENT

Requested Action: That the City Council approve a Memorandum of Understanding with Liquidity Services Operations , LLC dba GovDeals, Online Auction to provide online auction platform services for the disposition of surplus equipment.

A motion was made by Council Member Lorena Barajas Bisbee, seconded by Council Member Guillermo Silva, to approve the Consent Calendar.

Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

15. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

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16. PUBLIC HEARINGS

A. PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING THE FISCAL YEAR 2022-2023 THROUGH FISCAL YEAR 2026-2027 CAPITAL

IMPROVEMENT PROGRAM FOR THE CITY OF JURUPA VALLEY
Staff Report presented by Octavio Duran, Assistant City Engineer.

Further discussion followed.

Mayor Chris Barajas opened the public hearing and called for any public comments.

There being no further comments, the public hearing was closed.

Council Member Lorena Barajas Bisbee stated that she was happy to see the projects that are being funded for the Mira Loma community.

Mayor Chris Barajas encouraged residents to review the entire staff report as it represents the City’s long-range plan for all capital improvement projects and funding sources over the next five years. He noted that the City’s total funding for these projects represent over $38 million.

A motion was made by Council Member Lorena Barajas, seconded by Mayor Pro Tem Leslie Altamirano, to adopt Resolution No. 2022-98, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, APPROVING THE CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEAR 2022-2023 THROUGH 2026-2027
Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

17. COUNCIL BUSINESS

A. APPOINTMENTS TO THE PUBLIC WORKS ADVISORY COMMITTEE
Staff Report presented by Victoria Wasko, City Clerk.

Paul Toor, Director of Public Works provided additional details on the responsibilities of the Public Works Advisory Committee.

Mayor Chris Barajas invited Hugo Bustamante, Lorena Carranza, Jose Cuellar, Ohilda Hernandez, Mayra Jackson, Alondra Munoz, and Brenda Reynolds to address the Council and share why they are interested in serving on the Public Works Advisory Committee. Robert Galindo and Patricia Vargas were unable to attend tonight’s meeting.

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Following the applicant presentations, the following appointments were made:

Council Member Guillermo Silva nominated Alondra Munoz.

Council Member Lorena Barajas Bisbee nominated Hugo Bustamante.

Council Member Brian Berkson nominated Mayra Jackson.

Mayor Chris Barajas nominated Robert Galindo.

Mayor Pro Tem Leslie Altamirano nominated Jose Cuellar.

Mayor Chris Barajas thanked all those who submitted letters of interest and encouraged them to continue to look for ways to get involved with the City.

A motion was made by Council Member Brian Berkson , seconded by Mayor Pro Tem Leslie Altamirano, to confirm the appointments to the Public Works Advisory Committee for a term of four (4) years, or the appointment and swearing-in of their successor, whichever is later.

Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

B. ADOPTION OF THE JURUPA VALLEY AMERICAN RESCUE ACT

EXPENDITURE PLAN
Staff Report presented by Michael Flad, Assistant City Manager. Mr. Flad gave a presentation on the American Rescue Plan Act, which is designed to facilitate the recovery from the negative economic effects of the COVID-19 pandemic.

Kevin Ryan, Project Manager, provided an overview of the American Rescue Plan Act, which will provide $350 billion to state and local governments to assist with local economic recovery. He reported that the City’s allocation is $28 million. He gave an overview of the eligible expenditure categories, the City’s recommended expenditure plan, and the timeline for expenditure of the funds.

Further discussion followed.

A motion was made by Council Member Lorena Barajas Bisbee, seconded by Council Member Guillermo Silva, to adopt the proposed City of Jurupa Valley Expenditure Plan.

Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

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B. FIVE-MONTH REVIEW OF TRADITIONAL NEIGHBORHOOD DESIGN

STANDARDS
Staff Report presented by Jim Pechous, Principal Planner. Mr. Pechous reported that after working with various developers, a few modifications to the Traditional Neighborhood Design standards are being recommended.

Further discussion followed.

A motion was made by Council Member Lorena Barajas Bisbee, seconded by Council Member Guillermo Silva, to receive and file the report and direct staff to modify the following Traditional Neighborhood Design standards: (1) open space requirement to allow for long driveways and (2) wall and fence requirement to reduce the maximum fence height from six (6) feet to 42 inches in the street side setback.

Ayes: L. Altamirano, C. Barajas, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: None

18. CITY ATTORNEY’S REPORT
City Attorney Peter Thorson had no report.

19. COUNCIL MEMBER REPORTS AND COMMENTS

20. ADJOURNMENT
There being no further business before the City Council, Mayor Chris Barajas adjourned the meeting at 8:47 p.m.

The next meeting of the Jurupa Valley City Council will be held September 1, 2022 at 7:00 p.m. at the City Council Chamber, 8930 Limonite Avenue, Jurupa Valley, CA 92509.

Respectfully submitted,

____________________________
Victoria Wasko, CMC
City Clerk

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120

STAFF REPORT
DATE: SEPTEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: AGENDA ITEM NO. 11.B

CHECK REGISTERS

RECOMMENDATION
That the City Council ratify the check registers dated August 3, 10, and 17, 2022; as well as the payroll registers dated July 31 and August 05 and 19, 2022.

The City Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2022-23 Budget was adopted on June 16, 2022. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.

ANALYSIS
All expenditures on the attached check registers have been approved by the City Council and are in conformance with the authority provided by Section §37208 of the Government Code. The statement with purchase details are attached herewith.

OTHER INFORMATION
None.

FINANCIAL IMPACT
Check registers:
08/03/22 $ 5,050,328.16 – Refer to Check Register detail  07/28/2022 - $3,396,556.02-April and May Sheriff payment (See highlighted detail)  08/03/2022 - $1,653,772.14-June Sheriff payment (See highlighted detail)

RETURN TO AGENDA

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STAFF REPORT
DAT
E: SEPTEMBER 1, 2022
TO: HO

NORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER BY:

BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS
SUBJ
ECT: AGENDA ITEM NO. 11.C
APPROVAL OF PARCEL M AP NO. 37842 LOCATED AT 5680 ASH

STREET, INCLUDING ACCEPTANCE OF OFFERS OF DEDICATION
RECO

MMENDATION
I
t is recommended that the City Council:

1. Approve Parcel Map No. 37842 and accept the dedications as follows:
a. Accept the offer of dedication of easement for ingress, egress, and emergency vehicle access over Parcels 1 and 2 inclusive as shown on Parcel Map No. 37842.

2. Authorize the Mayor and City Clerk to sign Parcel Map 37842.

BACKGROUND
Tent
ative Parcel Map 37842 was approved on September 25, 2020 (Planning Director Action) under Master Application No. MA17228. TPM37842 subdivides one 2.71- acre parcel into two lots; an undeveloped 1.96- acre lot and a 0.75- acre lot with an existing house.

I
n compliance with Title 7 of the Municipal Code, Subdivisions, the conditions of approval for this project require the applicant to underground poles and lines within the boundaries of the property, and within the public right -of-way adjacent to the property and extending to the first existing utility pole beyond the property’s boundaries.

O
n October 1, 2020, the City Council adopted Ordinance No. 2020-12, amending Section

7.50.010 of the Code related to undergrounding of existing and new utility lines. The 120

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Ordinance states that any developer may request a waiver of all or a portion of the requirements.

On March 18, 2021, City Council approved the waiver of the undergrounding requirement for utility lines and poles within, serving, and along the frontage of a proposed two- lot subdivision TPM37842.

Staff has reviewed Parcel Map No. 37842 and finds that it is in substantial conformance with the approved Tentative Map. This action approves the Parcel Map and accepts offers of dedication dedicated on the map.

ANALYSIS

There are no public infrastructure improvements associated with the approval of Final Parcel Map No. 37842.

Survey monumentation was completed for Parcel Map No. 37842 and the surveyor of record provided a monumentation certificate for the subdivision. Staff has field verified the completion of the monumentation per the approved Parcel Map No. 37842 Exhibit.

Pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Title 7, Parcel Maps require City Council action for approval, denial, or modifications. Per the Subdivision Map A ct Section 66474.1, a legislative body shall not deny approval of a Parcel Map if it was previously approved as a Tentative Parcel M ap for the proposed subdivision and if it finds that the Parcel Map is in substantial compliance with the previously approved Tentative Parcel M ap. Staff recommends that the City Council approve Parcel Map No. 37842 and accept the offers of dedication.

FISCAL IMPACT

The applicant placed a deposit with the City for review and processing of the final map exhibit.

No impact to the City’s General Fund is anticipated from the approval of the subdivision.

ALTERNATIVES

1. Take no action.

2. Provide alternative direction to staff.

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STAFF REPORT
DATE: SEPTEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR
SUBJECT: AGENDA ITEM NO. 11.D

AWARD OF CONSTRUCTION AGREEMENT TO VANCE CORPORATION
FOR 2021-2022 CITYWIDE PAVEMENT REHABILITATION, CIP #21101

RECOMMENDATION

1. That the City Council approve and award a construction agreement to Va nce Corporation in the amount of $2,078,482.50 for the 2021-2022 Citywide Pavement Rehabilitation, CIP #21101, for the work included in its bid proposal and authorize the City Manager to execute the Agreement in the form attached hereto; and

2. Authorize the City Manager to execute any subsequent related minor amendments to the Agreement with Vance Corporation, up to 10% as contingency to cover the cost of any unforeseen conditions.

BACKGROUND
At its regular meeting on August 18, 2022, the City Council approved the Fiscal Year 2022-2023 through Fiscal Year 2026 -2027 Capital Improvement Program (“CIP”). The 2021-2022 Citywide Pavement Rehabilitation, CIP #21101 was included in the previous five-year CIP and subsequently carried over to the most recently adopted CIP.

The 2021 -2022 Citywide Pavement Rehabilitation project involves several streets, including sections of Jurupa Road, Rubidoux Boulevard, and Limonite Avenue. The project scope consists of grinding and overlaying the street, reconstruction of curb and gutter, sidewalk, driveway approach, paving with rubberized asphalt pavement, and adjusting the manholes and water valves to grade and striping.

On June 28, 2022, a Notice Inviting Bids was published in PlanetBids, the City’s online web-based procurement and bidding system . One addendum was issued during the solicitation period.

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ANALYSIS
Formal bidding procedures were followed in conformance with the Public Contract Code.

Five (5) bids were received on August 9 , 2022, and bids were opened soon aft er 2:00 p.m. with the following results:

Bidder Total Amount

1. Vance Corporation, Beaumont, CA $2,078,482.50

2. Hardy & Harper, Lake Forest, CA $2,360,000.00

3. Cal Mex Engineering, Bloomington, CA $2,534,310.00

4. All American Asphalt, Corona, CA $2,612,943.00

5. R.J. Noble, Orange, CA $2,716,522.00

All bids were reviewed for accuracy and co mpleteness. Vance Corporation is the lowest responsive and responsible bidder with a bid in the amount $2,078,482.50. Vance Corporation is a reputable construction company who has successfully completed public works projects in the Inland E mpire and their work and references were found to be satisfactory. The Engineer’s cost estimate for this project was $1,840,000.00.

City Public Works/Engineering Department Staff will provide construction management.

Inspection services will be performed by an e ngineering consultant , which includes monitoring compliance with contract documents, including temporary construction traffic control, preparation of mo nthly progress payment reports , and various administrative activities related to the project.

The project was evaluated in ac cordance with the California Environmental Quality Act (CEQA) and determined to be exempt as it is a maintenance project.

If approved, t he Agreement will be administered by the Public Works/City Engineering Department Staff.

The project locations are Limonite from Felspar Street to Pedley Road, Jurupa road from Agate Street to Galena Street, Rubidoux from Highway 60 to 29th Street and Agate Street from Jurupa Road to Mission Boulevard.

FINANCIAL IMPACT
The anticipated project construction cost is $ 2,300,000.00, which includes the 10% contingency to cover the unforeseen field conditions, construction inspection services as well as the engineering testing materials. The project is funded by Road Maintenance and Rehabilitation Account (RMRA) SB1 and Measure “A” funds as part of CIP project 21101 22102. The budgeted funds are sufficient to cover the cost of the project and the necessary support services.

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ALTERNATIVES

1. Do not approve Agreement and related actions.

2. Provide alternative direction to Staff.

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Agreement - 1

AGREEMENT

PROJECT NO. 21101

CITYWIDE PAVEMENT REHABILITATION
Limonite Avenue – Felspar Street to Pedley Road
Jurupa Road – Agate Street to Galena Street
Rubidoux Boulevard – State Route 60 to 29th Street
Agate Street – Jurupa Road to Mission Boulevard

THIS Agreement, made and entered into the 1st day of September, 2022, by and between the City of Jurupa Valley, a municipal corporation, hereinafter called the "City" and Vance Corporation, hereinafter called the "Contractor."

That the City and the Contractor for the consideration hereinafter named, agree as follows:

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services, except as otherwise provided in the Plans or Special Provisions, in a good and workmanlike manner for the project identified as Citywide Pavement Rehabilitation (“Project”), in accordance with this Agreement. The complete Agreement includes all of the Documents as if set forth in full herein, to wit, including the Agreement, any and all Contract Change Orders issued after the execution of the Agreement, Addenda No(s). 1 issued prior to the opening of the Bids, the Special Provisions (which includes the General Provisions and Technical Provisions), the Project Plans, the Standard Plans, the Standard Specification, reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non -Collusion Affidavit, the Faithful Performance Bond, the Labor and Materials Payment Bond and insurance (the “Documents”), all of which are essential parts of the Agreement between City and Contractor and are hereby made a part of this Agreement. In the event of any conflict in the provisions thereof, the terms of said Documents as set forth above shall control, each over the other, in the order provided.

2. Compensation. The City will pay the Contractor and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the City, to wit, the Base Bid Item(s) and Additive Bid Item(s) in the sum total amount of two million seventy-eight thousand four hundred eighty -two dollars and fifty cents, ($2,078,482.50), subject to additions or reductions of the quantities of the various bid items at the unit prices bid, for furnishing all ma terials and for doing all the work cont emplated and embraced under the Documents.

3. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper.

A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%) of the percentage of actual work completed plus a like percentage of the value of m aterial delivered on the ground or stored subject to, or under the control of, the City, and unused. The City shall withhold not less than five percent (5%) of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual work completed.

AGREEMENT
PROJECT NO. 21101

Agreement - 2

4. Time. The Co ntractor hereby agrees to commence work pursuant to this Agreement within fourteen (14) calendar days after the date of authorization specified in the Notice to Proceed. The Contractor agrees to diligently prosecute the work, including corrective items of work, day to day thereafter, to completion, within Fifty-five (55) working days after said date in the “Notice to Proceed with Construction,” except as adjusted by subsequent Contract Change Order(s).

5. Liquidated Damages. The City and Contractor hereby agree that in case all construction called for under the Agreement is not completed within the time hereinabove specified, including City caused delays or extensions, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay.

It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, said amount for each calendar day by which the Contractor fails to complete the work, including corrective items of wo rk, under this Agreement within the time hereinabove specified and as adjusted by Contract Change Order(s). The Contractor will not be assessed liquidated damages for delay(s) occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.

6. Insurance. The Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect: (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss, or damage as a result of wrongful or negligent acts by the Contractor, its officers, representatives, volunteers, employees, agents, and independe nt contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance with a minimum combined single limits coverage of $1,000,000.00; and (4) workers’ compen sation insurance with a minimum limit of $1,000,000.00 or the amount required by law, whichever is greater.

Acceptable insurance coverage shall be from an admitted corporate surety insurer licensed in the State of California, approved by the City, and with a rating of, or equivalent to, A:VII by A.M. Best & Company.

Any deviation from this rule shall require specific approval, in writing, from the City.

All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days prior written notice thereof by certified mail, return receipt requested. The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor.

AGREEMENT
PROJECT NO. 21101

Agreement - 3

The Contractor shall submit to the City (1) insurance certificates indicating compliance with the minimum workers’ compensation insurance requirements above, and (2) insurance policy endorsements not less than one (1) day prior to beginning of performance under this Agreement.

Any deductibles must be declared to and approved by the City.

The general liability and automobile liability policies must contain or be endorsed to contain the following provisions: “The City of Jurupa Valley and their officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed on behalf of the City of Jurupa Valley, including materials, parts or equipment furnished in connection with the work or operations.”

The insurance provided by Contractor shall be primary to any coverage available to the City.

The Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required herein. All certificates and endorsements are to be received and approved by the City before work commences. The City may require, at any time, complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

7. Bonds. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety Bonds for one hundred percent (100%) each of the c ontract price. The bonds shall be a "Faithful Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims of labor, mechanics, or materialmen for all work under the Agreement pursuant to Section 9550 of the Civil Code.

8. Contractor’s Guarantee. The Contractor, the Contractor’s heirs, executors, administrators, successors, or assigns guarantee that all work performed under this Agreement fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become evident within a period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at his or her own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the Plans and Specifications.

9. Prevailing Wages. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum.

Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section

AGREEMENT
PROJECT NO. 21101

Agreement - 4

1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding r egistration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html.

10. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third - party claim relating to the Agreement. City shall be entitled to recover its r easonable costs incurred in providing this notice.

11. Antitrust Claims. Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made an d become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.

12. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disput ed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters

All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also s ubject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to t he definition of “claim” as individually defined therein.

13. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7.

14. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor “financially interested,” as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement.

15. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing

AGREEMENT
PROJECT NO. 21101

Agreement - 5

of any: material that Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at the site differing from those indicated; or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions, and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor’s cost of or the time required for performance of any part of the work, the City shall issue a change order.

16. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference.

17. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching.

18. Wage and Hour Laws. The Contractor shall, as a penalty, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Agreement for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of California Labor Code Section 1813. As provided for in California Labor Code Section 1810, a legal day’s work is 8 hours of labor in any one calendar day.

19. Audits. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents reques ted by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement.

20. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agree ments. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.

21. Termination. This Agreement may be canceled by the City at any time with or with out cause without penalty upon thi rty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.

22. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Jurupa Valley to ensure performance under this Agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Jurupa Valley, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor.

Securities eligible for substitution under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit

AGREEMENT
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Agreement - 6

accounts, and standby letters of credit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any dividends or interest thereon. The Contractor shall give the City written notice within thirty (30) days after this Agreement is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow shall b e governed by a written escrow a greement in a form which is substantially similar to the agreement set forth in Section 22300, of the Public Contract Code.

23. Indemnification. To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold har mless the City of Jurupa Valley and their officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of act ion, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, incidental to, or related to any act, failure to act, error, or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their off icers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of this Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Contractor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, co ncurrent, or subsequent active or passive negligence by the Indemnitees.

24. Assignment. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor hereunder without prior written consent of the City.

25. Attorney’s Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled.

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Agreement - 7

26. Worker’s Compensation Insurance. By my signature hereunder, as Contractor, I certify that I am aware of the Provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self -insurance in accordance with the Provisions of that code, and I will comply with such Provisions before commencing the performance of the work of this Agreement.

27. Effective Date. The effective date of this Agreement shall be the date of the Award of Contract by the City of Jurupa Valley.

28. Contractor’s License. Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a Contractor may be referred to the Registrar, Contractors’ State License Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento, CA 95826.

(SIGNATURE PAGE FOLLOWS)

AGREEMENT
PROJECT NO. 21101

Agreement - 8

CITY OF JURUPA VALLEY, VANCE CORPORATION
Municipal Corporation

BY: License No./
Rod Butler, City Manager, City of Jurupa Valley Classification:

Expiration Date:

DATE: Federal I.D. No.:

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

Date

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

Date

SIGNING INSTRUCTION TO THE CONTRACTOR:

All signatures on the Agreement on behalf of the Contractor must be acknowledged before a notary public.

General Partners must sign on behalf of the partnership.

In the event that the contracting firm is a corporation, two (2) corporate officer’s having authority from the corporation MUST sign (two (2) signatures total). If the corporation has a corporate resolution stating that one person is authorized to sign on behalf of all officers, attach corporate resolution immediately following the notary certificates. Corporate Seal may be affixed hereto.

INTERNAL USE ONLY

ATTEST:

_____________________________________
_
City Clerk
(only needed if Mayor signs)

APPROVED AS TO LEGAL FORM:

_____________________________________
_
City Attorney

_____________________________________
_
Date

RECOMMENDED FOR APPROVAL:

_____________________________________
_
Department Head
(if contract exceeds $5,000)

_____________________________________
_
Date

Faithful Performance Bond - 1

BOND NO.

PREMIUM $

FAITHFUL PERFORMANCE BOND
(100% of Total Contract Amount)

PROJECT NO. 21101

KNOW ALL MEN AND WOMEN BY THESE PRESENTS:

THAT WHEREAS, the City Council of the City of Jurupa Valley, State of California, known as "City," has awarded to Vance Corporation, as Principal hereinafter designated as "Contractor" and have entered into an Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Agreement, effective on the date signe d by the City Manager, and identified as Project No. 21101, Citywide Pavement Rehabilitation is hereby referred to and made a part hereof; and

WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond guaranteeing the faithful performance of said Agreement;

NOW THEREFORE, we the undersigned Contractor and , as Surety, are held and firmly bound unto the City of Jurupa Valley, County of Riverside in the penal sum of two million seventy-eight thousand four hundred eighty -two dollars and fifty cents, ($2,078,482.50), lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well an d truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in said Agreement and any alterations thereof made as therein provided, on his or her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Jurupa Valley, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder, or the Provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or the Provisions.

(SIGNATURE PAGE FOLLOWS)

FAITHFUL PERFORMANCE BOND
PROJECT NO. 21101

Faithful Performance Bond - 2

BOND NO.

IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 2022.

CONTRACTOR SURETY

Contractor Name: Name:

Address: Address:

Telephone No.: Telephone No.:

Print Name: Print Name:

Attorney-in-Fact

Signature: Signature:

Approved as to Form this

day of 2022

City Attorney
City of Jurupa Valley

NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto.

All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond).

Labor and Materials Payment Bond - 1

BOND NO.

PREMIUM $

LABOR AND MATERIALS PAYMENT BOND
(100% of Total Contract Amount)

PROJECT NO. 21101

KNOW ALL MEN AND WOMEN BY THESE PRESENTS

THAT WHEREAS, the City Council of the City of Jurupa Valley, State of California, known as "City", has awarded to Vance Corporation, as Principal hereinafter designated as "Cont ractor" and have entered into an Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Agreement, effective on the date signed by the City Manager, and identified as Project No. 21101, Citywide Pavement Rehabilitation is hereby referred to and made a part hereof; and

WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons, as provided by law;

NOW, THEREFORE, we the undersigned Contractor and , as Surety are held and firmly bound unto the City of Jurupa Valley, County of Riverside, in the penal sum of two million seventy-eight thousand four hundred eighty -two dollars and fifty cents, ($2,078,482.50), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Co ntractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the State of California Civil Code, Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the City or other person entitled to bring such an action and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.

This bond shall inure to the benefit of any of the persons described in the State of California Civil Code Section 9100, to give a right of action to such persons or their assigns in any suit brought upon this bond.

(SIGNATURE PAGE FOLLOWS)

LABOR AND MATERIALS PAYMENT BOND
PROJECT NO. 21101

Labor and Materials Payment Bond - 2

BOND NO.

IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 2022.

CONTRACTOR SURETY

Contractor Name: Name:

Address: Address:

Telephone No.: Telephone No.:

Print Name: Print Name:

Attorney-in-Fact

Signature: Signature:

Approved as to Form this

day of 2022

City Attorney
City of Jurupa Valley

NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto.

Page | 1
120

STAFF REPORT
DATE: SEPTEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: AGENDA ITEM NO. 11.E

RESOLUTION ADOPTING CREDIT CARD CONVENIENCE FEE

RECOMMENDATION
1) That the City Council adopt Resolution No. 2022-99, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, ADOPTING THE ACCEPTANCE OF PAYMENTS

OF FEES, FINES, SERVICES AND OTHER DEBTS TO THE CITY BY

CREDIT CARD AND ESTABLISHING THE CREDIT CARD CONVENIENCE

FEE TO BE COLLECTED FOR THE USE OF A CREDIT CARD

BACKGROUND
City staff reviews the City’s business practices and looks for opportunities to reduce the City’s operating budget. In its review, Finance department staff identified credit card transaction fees as one such area. The City accepts credit cards for a broad range of services, including planning, engineering, building, and encroachment permits. Online credit card payments offer multiple benefits to the City and its customers. The City must pay fees for each transaction to the credit card companies, the City’s payment processing vendor, and the bank. These fees cannot be incorporated into the City’s cost-recovery charges for services or permits, since they only apply to credit card transactions.

As customers look for more convenient and efficient payment options, online payment opportunities are expanding resulting in an expected increase in c ustomer credit card payments. The number of credit card transactions is expected to continue to increase as more paymen t activity transitions online. Therefore, City staff evaluated the establishment of a credit card convenience fee charge to customers who pay the City by credit card. Convenience fees are often applied to credit card payments as a percentage of the base charge as a way to offset revenue losses.

RETURN TO AGENDA

Page | 2

Finance staff has been collaborating with staff from Community Development, Engineering, and Building Department in order to implement the credi t card convenience fee through the Accela payment process. The example below la ys out the primary steps for payment of a permit via credit card:

 The City, through the Accela payment process, will present a payment page that displays the principal payment amount and payment options  The applicant selects to pay via credit card and enters their payment information
 The service convenience fee is calculated in the Accela program and the City will set the calculation percentage through the payment module in the Accela program
 The service convenience fee is funded directly to the merchant service provider

Staff anticipates that some customers will choose to pay with credit card online services for the convenience. Staff estimates that implementation, training, and integration into the City’ Accela system will be completed by the end of the calendar year.

ANALYSIS

As with most City’s fees for service, a credit card convenience fee would need to be established on a cost recovery basis. Accordingly, staff analyzed other cities who have implemented a credit card convenience fee to come up with a 2.5% average cost analysis.

Staff recommends that the City adopt a 2.4% credit card convenience fee for permit payments made by credit card. Staff is not recommending a convenience fee for debit card or electronic check payments. The credit card convenience fee would be subject to adjustment and/or expansion to include other services based on an ongoing review of credit card costs and payment activity.

OTHER INFORMATION

California Government Code 6159 permits the City to "impose a fee for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the agency or agent in providing for payment by credit or debit card or electronic funds transfer."

FINANCIAL IMPACT

The Credit Card Convenience Fee amount shall be calculated at 2.4% of the transaction amount and added to the credit card transaction to be collected at point of sale for use of a credit card. The minimum Credit Card Convenience Fee shall be $2 per transaction.

These fees are to take effect immediately upon adoption. Approval of the recommended credit card convenience fee will minimize the cost to the City General Fund.

-1-

RESOLUTION NO. 2022-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

V ALLEY, CALIFORNIA, ADOPTING THE ACCEPTANCE OF

PAYMENTS OF FEES, FINES, SERVICES AND OTHER DEBTS TO THE

CITY BY CREDIT CARD AND ESTABLISHING THE CREDIT CARD

CONVENIENCE FEE TO BE COLLECTED FOR THE USE OF A CREDIT CARD
WHEREAS, the State of California Government Code Section §6159(h) e t seq. allows the City to impose a fee for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the agency in providing for payment by credit or debit card or electronic funds transfer, and
WHEREAS, the Ci ty Council has determined that it has received many requests to pay for fees, services and other debts owed to the city by credit card; and WHEREAS, the City Council has determined that it is in the best interest of the City, its citizens and the business community to accept credit cards to pay for fees, services and other debts owed to the City, and
WHEREAS, the City Council has investigated and determined that allowing payments by credit card requires the city to incur additional expenses for offering this service, and WHEREAS, the use of credit cards and related processing costs are expected to increase further with the new online payment portal.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY HEREBY RESOLVES AS FOLLOWS:

Section 1. Findings. The City Council hereby finds and determines the above recitals are true and correct and incorporates them herein.

Section 2. Pursuant to Government Code section §6159(h)(1), the City Council approves Convenience Fees for Credit Card Payments as set forth below:

Section 3. The City Council finds and determines that the Credit Card Convenience Fees outlined above do not exceed the actual transactional costs incurred by the City in providing for Credit Card Payments.

Section 4. The City Manager and Director of Finance are hereby authorized to take all actions necessary to implement and collect the Credit Card Convenience Fees. -2-

Section 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Jurupa Valley on this 1st day of September, 2022.

____________________________________
Chris Barajas
Mayor
ATTEST:

____________________________________
Victoria Wasko, CMC
City Clerk

-3-

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA V ALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-99 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 1st day of September 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Jurupa Valley, California, this 1st day of September 2022.

________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley
Page | 1
120

STAFF REPORT
DATE: SEPTEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 11.F

ACCEPTANCE OF OFFERS OF DEDICATION FOR AN EASEMENT FOR

ROAD AND DRAINAGE PURPOSES AT THE HALL AVENUE AND

AGUA MANSA ROAD INTERSECTION (CARSON-VA INDUSTRIAL II,

LP, A DELAWARE LIMITED PARTNERSHIP)

RECOMMENDATION
It is recommended that the City Council:

1. Accept the offer of dedication of an easement for public road and drainage purposes including public utility and public services purposes over Parcel “1” and Parcel “2” as shown on Exhibit B of DED21-010.

2. Authorize the Director of Public Works and City Clerk to sign the Acceptance of Dedication of DED21-010.

BACKGROUND
Carson- VA Industrial II, LP is the owner of the project known as Hall Industrial and property located at the northwest corner of Hall Avenue and Agua Mansa Road intersection. The owner was granted a Site Development Permit (SDP18048) for the development of two industrial buildings and entered into a Development Agreement (DA 18001) with the City.

As part of the development approval, the owner is required to imp rove the City parkway area in front of their property along Hall Avenue and along Agua Mansa Road and enter into an agreement for the maintenance of the landscape and irrigation improvements. The owner is also responsible for the costs associated with such improvements.

RETURN TO AGENDA
Page | 2

The applicant submitted the required corner cutback offer of dedication documents, staff reviewed the documents , and find them in compliance with the California Government Code (7050), local ordinances, and the conditions of approval for this development.

ANALYSIS

In anticipation of acceptance of the offers of dedications, staff prepared a Certificate of Acceptance as required by Government Code Section 27281. Acceptance of the offer s of dedication will grant the City with the rights over such land to improve and maintain Hall Avenue and Agua Mansa Road to its ultimate General Plan designation.

OTHER INFORMATION

Previous Actions:

• On June 16, 2022 Zone DD was annexed into Jurupa Valley L&LMD 89-1-C and a landscape agreement was approved.

FISCAL IMPACT

There is no impact to the General Fund. The property owners have opted to maintain the landscaping and have entered into a maintenance agreement. The applicant has also completed the annexation process into the City of Jurupa Valley L&LMD 89 -1-C for the maintenance of improvements within the public right -of-way and is known as Zone DD.

The property will be assessed as part of the L&LMD should they f ail to maintain the landscaping per the existing maintenance agreement.

ALTERNATIVES

1. Take no action.

2. Provide alternative direction to staff.

************************ SIGNATURES ON FOLLOWING PAGE *************************

Page | 1
120

STAFF REPORT
DATE: SEPTEMBER 1, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: AGENDA ITEM NO. 11.G

CONSIDERATION OF PUB LIC HIGHWAY AT -GRADE CROSSING

AGREEMENTS BETWEEN THE CITY OF JURUPA VALLEY AND UNION

PACIFIC RAILROAD COM PANY COVERING THE RE CONSTRUCTION

AND WIDENING OF RUTILE STREET AND PEDLEY ROAD AT-GRADE

PUBLIC ROAD CROSSINGS

RECOMMENDATION
1) That the City Council approve the Agreement between the City of Jurupa Valley and Union Pacific Railroad Company covering the reconstruction and widening of Rutile Street at-grade public road crossing and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney; and
2) That the City Council approve the Agreement between the City of Jurupa Valley and Union Pacific Railroad Company covering the reconstruction and widening of Pedley Road at-grade public road crossing and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
In 2018, the City Council approved the Jurupa R oad/Railroad Grade Separation project.

In 202 0, the County of Riverside (“County”), in cooperation with the City, began construction on the Jurupa Road Grade Separation (“Grade Separation”) . The Grade Separation will construct a three-lane underpass on Jurupa Road under Van Buren Boulevard and the Union Pacific Railroad Company (“UPRR”) bridge. The underpass is being constructed to alleviate traffic congestion by separating train traffic from vehicles, pedestrians, and cyclists. The Grade Se paration project is expected to be completed in 2023.

RETURN TO AGENDA
Page | 2

As part of the project, it is essential that Rutile Street and Pedley Road a- grade crossings within the project vicinity be synchronized and improved to accommodate the future roadway traffic and saf ety. City staff and Union Pacific Railroad have been working together to come up with the plans and specification for both of the grade crossings. The plans are completed and ready for construction.

ANALYSIS

As part of the signal synchronization, the City intends to reconstruct and widen the existing at-grade public road crossing on Rutile Street and Pedley Road to add a sidewalk and lane. Prior to initiating these improvements, the City needs to enter into Agreements with UPRR because the project areas are partially located within their right-of-way.

The Agreement s will grant the City additional rights to be able to facilitate the reconstruction and widening of the roadway . UPRR will assist with connecting a nd installing grade crossing protect ion devices and installing other required materials to interconnect and coordinate the operation of railroad grade crossing protection devices with the operation of highway traffic control signals.

The City will be required to reimburse UPRR for all expenses associated with engineering review, inspection, flagging, and equipment rentals. UPRR estimates that the total cost of the w ork associated with Rutile Street and Pedley Road are $1,386,622 and $664,332.00, respectively. Once construction is complete, the City will be responsible for paying UPRR an annual sum of $14,110.00 for maintenance of the new signal system.

FINANCIAL IMPACT

Upon approval of the Agreements, the City is required to pay $24,500 to UPRR, which grants the City the rights to construct, maintain, and repair the roadway over the crossing area. This fee includes both Rutile Street and Pedley R oad and will be reimbursed by Riverside County, as they are managing the project on behalf of the City.

The project costs are funded through the SB132.

ALTERNATIVES

1. Do not approve the at-grade crossing Agreement between the City and Union Pacific Railroad Company for Rutile Street

2. Do not approve the at -grade crossing Agreement between the City and Union Pacific Railroad Company for Pedley Road

************************ SIGNATURES ON FOLLOWING PAGE *************************

1 UP Real E
state Project No.: 0154085

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Rutile Street
810978W

47.38 – Los Angeles Subdivision
Riverside, Riverside County, California
THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 20____ ("Effective Date"), by and between UNION P ACIFIC RAILROAD COMPANY (“Railroad"), a Delaware corporation, to be address ed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 and CITY OF JURUPA VALLEY ("City"), a municipal corporation or political subdivision of the State of California to be addressed at 8930 Limonite Avenue, Jurupa Valley, Califor nia 92509.

RECITALS:

Presently, the City utilizes the Railroad’s property for the existing at grade public road crossing over Rutile Street, DOT Number 810978W at Railroad’s Milepost 47.38 on Railroad’s Los Angeles Subdivision at or near Rivers ide, Riv erside County , California.

The City now desires to undertake as its projec t ( the “Project”) the reconstruction and widening of the existing at grade public road crossing for the addition of a sidewalk and lane. The road crossing, as reconstructed and widened is hereinafter the “Roadway.”
The Railroad right of way being utilized for the ex isting at grade public road crossing is not sufficient to allow for the reconstruction and widening of the Roadway.

Therefore, under this Agreement, the Railroad will be granting additional rights to the City to facilitate the rec onstruction and widening of the Roadway. The portion of Railroad’s property that City needs to use in connec tion with the Roadway (including the right of way being utilized for the existing at grade crossing) is shown on the Railroad’s location print marked Exhibit A, attached hereto and hereby made a part hereof (the “Crossing Area”).

In support of its Project, the City has requested the Railroad’s cooperation in connection with installing grade crossing protection devices and installing the nec essary relays and other materials required to interconnect and coordinate the operation of said railroad grade crossing protection devices with the 2 operation of highway traffic contr ol signals. Said wor k is to be perfor med at the sole expense of City.

The Railroad and the City are entering into this Agreement to cover the abov e.

AGREEMENT:

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

Section 1. EXHIBIT B
The general terms and conditions marked Exhibit B, ar e attached hereto and hereby made a part hereof.

Section 2. RAILROAD GRANTS RIGHT
For and in consideration of the sum of TWENTY FOUR THOUSAND FIVE HUNDRED DOLLARS ($24,500.00) to be paid by the City to the Railroad upon the execution and delivery of this Agreement and in further consider ation of the City's agreement to perform and comply with the terms of this Agreem ent, the Railroad hereby grants to the City the right to construct, maintain and repair the Roadway over and across the Crossing Area.

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

Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the ter m “Contractor” shall mean the c ontractor or contractors hired by the City to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontr actors and the Contractor’s and subcontractor’s respective employees, officers and agents, and other s acting under its or their authority.

Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the City shall require the Contractor t o:
3 • execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements to the Railroad.

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

C. All insuranc e correspondence, bi nders, pol icies, certificates and/ or endorsements shall be sent to:

Manager -
Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP Project No. 0154085
D. If the City's own employees will be performing any of the Project work, the City may self-i nsure all or a portion of the insurance coverage subject to the Railroad's prior review and approval.

Section 5. FEDERAL AID POLICY GUIDE
If
the 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.

Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD
The City agrees that no Project costs and expenses are to be borne by the Railroad.

In addition, the Railroad is not required to contribute any funding for the Project.

Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO CITY; CITY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad, at the City's sole cost 4 and expense, is described in the Railroad's Material and Force Account Estimates dated September 16, 2021, and January 21, 2022, mar ked Exhibit C , attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's estimated cost for the Railroad's work associated with the Project is One Million, Three Hundred Eighty Six Thousand Six Hundred Twenty Two Dollars ($1,386,622.00).

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

C. The City acknowledges that the Estimates may not include any estimate of flagging or other protec tive service costs that are to be paid by the City or the Contractor in connection with flagging or other protective s ervices provided by the Railroad in connection with the Project. All of suc h costs incurred by the Railroad are to be paid by the City or the Contractor as determined by the Railroad and the City. If it is determined that the Railr oad will be billing the Contractor dir ectly for such costs, the City agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing.

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

E. The City agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including prelim inary engineering rev iew costs incurred by Railroad prior to the E ffective Date of this Agr eement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliv eries to the job site and all direct and indirect ov erhead labor/construction costs including Railroad's standard additive rates.

Section 8. PLANS
A. The City, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specific ations for the Project and the Structur e and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized r epresentative, for prior review and approval. The plans and specifications s hall include all Roadway layout specific ations, cross sections and elevations, associated drainage, and other appurtenances.

B. T
he final one hundred percent (100%) completed plans that are approved 5 in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.

C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.

D. The Railroad's review and appr oval of the Plans will in no way relieve the City or the Contrac tor from their respons ibilities, obligations and/or liabilities under this Agreement, and will be giv en with the understanding that the Railr oad makes no representations or warranty as to the v alidity, accuracy, legal compliance or completeness of the Plans and that any reliance by the City or Contractor on the Plans is at the risk of the City and Contractor.

Section 9. NON- RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance -of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right -to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.

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

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

Section 10. EFFECTIVE DATE; T ERM; TERMINATION
A. T
his Agreement is effective as of the Effective Date first herein written and 6 shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property.

B. The Railroad, if it so elects, may terminate this Agreem ent effective upon delivery of written notice to the City in the event the City does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date.

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

Section 11. CONDITIONS T O BE MET BEFORE
City CAN COMMENCE WORK
Neither the City nor the Contrac tor may commence any work within the Crossing Area or on any other Railroad property until:
(i) The Railroad and City have executed this Agreement. (ii) The Railroad has provided to the City the Railroad’s wr itten approval of the Plans.
(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.
(iv) Each Contractor has given the adv ance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.

Section 12. FUTURE P ROJECTS
Future projects involving subs tantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and City agree on the plans for such futur e pr ojects, cost allocations, right of entry ter ms and conditions and temporary construction rights, terms and conditions.

Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. City shall not assign this Agr eement without the prior written consent of Railroad.
7 B. Subject to the provisions of Paragraph A above, this Agreement shall inure
to the benefit of and be binding upon the successors and assigns of Railroad and City.

Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN
RECO VERY AND REINVESTMENT ACT OF 2009
If the City will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the City agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The City confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the
ARRA reporting requirements are the responsibility of the City and not of the Railroad, and (ii) the City shall not delegate any ARRA reporting responsibilities to the Railroad. The City also confirms and acknowledges that (i) the Railroad shall provide to the City the Railroad's standard and customary billin g for expenses incurred by the Railroad
for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the City to perform and complete the ARRA reporting documents. The Railroad confirms that the City and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement.

Section 15. TERMINATION OF ORIGINAL AGREEMENT
Upon the completion of the Roadway, the Original Agreement shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway.

Section 16. SIGNAL PREEMPTION
A. City and Railroad, severally and collectively, agree to interconnect and coordinate the operation of the railroad grade crossing protection devices with the operation of the highway traffic control signals at the Crossing Area, in accordance with the design schematic marked Exhibit E, hereto attached and hereby made a part hereof (the “Designs”).

B . City, at its expense, shall furnish all material, labor, equipm ent and supervision for the installation and maintenance of highway traffic control s ignals at the Crossing Area, as applicable in accordance with the Designs.

C. Railroad, at City's expense, shall furnish all material, labor, equipment and supervision for the work described in the Estimate( s) and in accordance with the Designs, including, as applicable, installation of signals and/or appurtenances and installation of the n ecessary relays and other materials required to interconnect and 8 coordinate the operation of the highway traffic control signals to be installed by the City.

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

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

Section 17. ANNUAL SIGNAL MAINTENANCE FEE
A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in-s ervice date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System”), the City, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Fourteen Thousand One Hundred Ten Dollars ($14,110.00) per annum, payable annually in advance, as payment for Railr oad's maintenance of the Signal Sy stem that is installed at the Roadway. The annual signal maintenance fee is calc ulated as shown on the attached Exhibit F, attached hereto and made a part hereof.

B. The above annual signal maintenance fee for Railroad's maintenance of the Signal System is based on the number of curr ent signal units installed at the Roadway.

If the Signal System is im proved and/or altered in any way, the City must notify the Railroad in writing and the annual signal m aintenance fee will be increased at a rate based on the American Railway Engineering and Maintenance of Way Association (AREMA) signal unit cos t index. If the City fails to notify Railroad of any improvement or alteration to the Signal System , the Railroad may increase the annual signal maintenance fee at a rate based on the AREMA signal unit cost index any time after the date of installation and/or improvement of the Signal System. The signal unit base for the annual signal maintenance fee may also be re-d etermined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual signal maintenance fee was last determined or established. Any such changes in the annual signal maintenance fee referenced in Article 2 may be made by means of automatic adjustment in billing.
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed as of the Effective Date first herein written.

UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By: _________________________________
Printed Name: ________________________
Title: ________________________________

CITY OF JURUPA VALLEY
By: ________________________________
Printed Name: Rod Butler
Title: City Manager
E

XHIBIT A
TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
E
xhibit A will be a print showing the Crossing Area (see Recitals)

RUTILE ST
13 12 11
R/W
EXIST

EXIST R/W
R/W
R/W
00-0000
SCALE: 1"=10'

EXISTING VS PROPOSED
SHEET No.

OFSHEET
WO
FILE No.

COUNTY

LAST REVISION
00-00-00
DATE PLOTTED =>
3:05:54 PMTIME PLOTTED =>
USERNAME => GRAMOS
JURUPA RD GRADE SEP EXIST vs PROP 02.shtDGN FILE =>

RELATIVE BORDER SCALE

IS IN INCHES
0 2 31

JURUPA ROAD

COUNTY OF RIVERSIDE
4/1/2022

GRADE SEPARATION

EXHIBIT
BORDER LAST REVISED 09/2017
$DESIGN-SCRIPT
x
x
x
x
x
50'
100' UPRR R/W

EASEMENT LIMITS

EXIST RUTILE CROSSING

EASEMENT LIMITS

EXIST RUTILE CROSSING
52'
79'

VAN BUREN BLVD
79'
PROP

EXIST CROSSING LIMITS

PROP CROSSING LIMITS
102'

SIDEWALK

PROPOSED

SIDEWALK

PROPOSED

84.5' SIDEWALK

PROPOSED

SIDEWALK

PROPOSED

81.6'

EASEMENT LIMITS

EXIST RUTILE CROSSING
22 .7'

EASEMENT LIMITS

EXIST RUTILE CROSSING
21 .9'
74'
135'
LEGEND:

EXIST

R/W / EASEMENT
Crossing Area --------------
Additional 100 feet of UPRR ROW extends to the left

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
1 EXHI
BIT B
TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad 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 shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines . Any lines constructed on the Railroad's property by or under authority of the City for the purpose of conveying electric power or communications incidental to the City's use of the property for highway purposes shall be constructed in accordance with s pecifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railr oad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the City to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.

B. The Railroad reserves the right to cross the Crossing Area with s uch railroad tracks as may be required for its conv enience or purposes. In the event the Railroad shall place additional tracks upon the Crossing A rea, the City shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.

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

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

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

F. If any property or rights other than the right hereby granted are necessary for the 2 construction, maintenance and use of the Roadway 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 the R
ailroad.

SECTION 2. CONSTRUCTION OF ROADWAY
A. 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 the Railroad upon request with satisfactory evidence that such authority has been obtained.

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

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

D. All construction work of the City shall be performed diligently and completed within a reasonable time. No part of the Project s hall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may s pecify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the City. The City hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.

SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the 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 the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the City at the 3 City's own expense, or by the Railroad at the expense of the City, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.

S
ECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The
Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the City of the contract price within
ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the City shall reimburse the Railroad for the amount of
the contract.

SECTION 5. MAINTENANCE AND REPAIRS
A. The City shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and r enewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at the City's expense.

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

SECTION 6. CHANGES IN GRADE
If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the City shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage.

SECTION 7. REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the R ailroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.

SECTION 8. SAFETY MEASURES; PROTECTION

OF RAI LROAD COMPANY OPERATIONS
It i
s understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the 4 same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the City
that the work will be performed in a safe manner and in conformity with the following standards:

A. Definitions. All references in this Agreement to the City shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the City shall include work both within and outside of the Railroad’s property .

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

C. Flagging.
(i) If the City's employees need to enter Railroad's property as provided in Paragraph B above, the City agrees to notify the Railroad Representative at
least thirty (30) working days in advance of proposed performance of any work
by City in which any person or equipment will be within twenty-f ive (25) feet of
any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty -five (25) feet of any track.

No
work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s) , or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagm
an is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will deter mine and inform City whether a flagman need be present and whether City needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill City for such expenses incurred by Railroad.

If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, City agrees that City is not relieved of any of its responsibilities or liabilities set forth in this Agreement.
(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for 5 vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed.

One and one- half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one- half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. A
dditional charges on labor are also subject to change. If the wage rate or additional charges are changed, City shall pay on the basis of the new rates and charges.
(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignm ent
of such flagman to other work, even though City may not be working during such time. When it becomes necessar y for Railroad to bulletin and as sign an employee to a flagging position in compliance with union collective bargaining agreements, City must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of c essation is not given, City will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after suc h five day cessation notic e has been given to Railroad.

D. Compliance With Laws. The City shall comply with all applicable federal, state and local laws, r egulations and enactments affecting the wor k. The City shall use only such methods as ar e consistent with safety, both as concerns the City, the City's agents and employees , the officers, agents, employees and property of the Railroad and the public in general. The City (without limiting the gener ality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administr ation regulations shall be followed when work is performed on the Railroad's premises. If any failure by the City to comply with any such laws, regulations, and enactm ents, shall result in any fine, penalty, cost or charge being assessed, imposed or c harged against the Railroad, the City shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The City further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
6 E. No Interference or Delays. The City shall not do, suffer or permit anything which will or may obstr uct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenanc es thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.

F. Supervision. The City, at its own expense, shall adequately police and supervise 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 the Railroad may be responsible, or to property of the Railroad. The res ponsibility of the City for safe conduct and adequate policing and supervision of the Project shall not be les sened or otherwise affected by the Railroad's appr oval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by complianc e by the City with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the City will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations.

G. Suspension of Work. If at any time the City's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the City is being or is about to be done or prosecuted without due regar d and precaution for safety and security, the City shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.

H. 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 property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the City at the City's own expense or by the Railroad at the expense of the City. The City shall not cause, suffer or permit any snow to be plowed or c ast upon the Railroad's property during snow removal from the Crossing Area.

I. Explosives. The City shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's proper ty" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property.

The Railroad reserves the right to impose suc h conditions, restric tions or limitations on the transportation, handling, storage, sec urity and use of explosives as the Railroad, in the Railroad's sole discr etion, may deem to be necessary, desirable or appropriate.
7 J. Excavation. The City shall not excavate from existing slopes nor construct new slopes which are excessive and may create haz ards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The City shall not do or cause to be done any work which will or may disturb the stability of any ar ea or adversely affect the Railroad's tracks or facilities. The City, at its own expense, s hall 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. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.

K. Drainage. The City, at the City's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefr om to flow or collect upon property of the Railroad. The City, at the City's own expense, shall provide adequate passageway for the water s of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the City, be impeded, obstructed, div erted or caused to back up, overflow or damage the property of the Railroad or any par t thereof, or property of others. The City shall not obstruct or interfere with existing ditches or drainage facilities.

L. Notice. Before commencing any work, the City shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement.

M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users res ulting in business interruption and loss of revenue and profits. City shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the City. If it is, City will telephone the telecommunications company(ies) involved, ar range for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.

SECTION 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, 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 new or improved devices have been installed.
8 SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities.

SECTION 11. BOOKS AND RECORDS
The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of City for a period of
three (3) years following the date of Railroad's last billing s ent to City.

SE
CTION 12. REMEDIES FOR BREACH OR NONUSE
A. If the City shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with
the Railroad's facilities or operations or jeopardize the Railroad's employees; and the
City will reimburse the Railroad for the expenses thereof.

B. Nonuse by the City of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the City hereunder.

C. The City
will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior
to termination.

SECTION 13. MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the City and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the City shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached
hereto and made a part hereof constitute the entire
understanding between the City
and the Railroad and cancel and supers ede any
prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.

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

HIBIT C
TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
Exhibit C (if applicable) will be Railroad's Material and Force Account Estimates.

Material And Force Account Estimate

CITY OF JURUPA VALLEY
Estimate Creation Date: 01/21/2022 Number: 136908 Version: 1 Estimate Good Until 01/21/23
Location: LOS ANGELES SUB, NO 1, 45.52-47.75
Buy America: Yes
Description of Work: CITY OF JURUPA VALLEY, CA, RUTILE STREET, M.P. 47.38, LOS ANGELES SUBDIVISION, DOT# 810978W, WO# 61548, PID# 119495 (100% RECOLLECTABLE) COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL
Cost
SIGNAL
Xing - Engineering Design 1 LS 26,755.00 26,755 0 26,755 M.P. 47.38 - RUTILE STREET Xing - 2 Trk CWE w/Gates 1 EA 152,876.00 48,800 104,076 152,876 M.P. 47.38 - RUTILE STREET Xing - Add Gates Existing
Location (pair)

0.5 EA 58,483.00 13,000 16,242 29,242
M.P. 47.38 - RUTILE STREET Xing - Cantilever Mast <37' Cant 1 EA 23,613.00 18,750 4,863 23,613 M.P. 47.38 - RUTILE STREET Xing - Cantilever Arm <41' 25 LF 767.00 0 19,175 19,175 M.P. 47.38 - RUTILE STREET Xing - Flasher/Ped (pair) 1 LS 57,560.00 16,000 41,560 57,560 M.P. 47.38 - RUTILE STREET Xing - Sidelight 2 EA 907.00 0 1,814 1,814 M.P. 47.38 - RUTILE STREET Xing - Contract Services for Preempt Cutover
1 LS 20,000.00 0 20,000 20,000
M.P. 47.38 - RUTILE STREET Xing - Remove Location (Gates) 1 LS 2,000.00 2,000 0 2,000 Xing - Fill/Rock/Gravel 1 LS 5,000.00 0 5,000 5,000
Xing - Boring 1 LS 10,000.00 0 10,000 10,000
C-MIPP PRJ MGMNT Xing - Misc. 1 LS 30,000.00 0 30,000 30,000 M.P. 47.80 - REMOTE LOCATION Xing - 2 Trk Remote CWE and House
1 EA 75,404.00 21,200 54,204 75,404
M.P. 47.80 - REMOTE LOCATION Xing - Track Card (Main and Stand-by) New Cable
2 EA 12,889.00 12,000 13,778 25,778
M.P. 47.80 - REMOTE LOCATION Xing - IXS Track Circuit 2 EA 14,951.00 11,072 18,830 29,902 M.P. 47.80 - REMOTE LOCATION Xing - IJ 2 PR 9,000.00 8,996 9,004 18,000 M.P. 47.80 - REMOTE LOCATION Xing - Dax Cable 1000' 7 EA 6,440.00 28,000 17,080 45,080 M.P. 47.80 - REMOTE LOCATION Xing - Track Filter/Battery Choke 4 EA 240.00 0 960 960 M.P. 47.80 - REMOTE LOCATION Xing - Remove Location 1 LS 2,000.00 2,000 0 2,000 10% LABOR CONTINGENCY Xing - Misc. 1 LS 38,525.52 38,526 0 38,526 FEDERAL 184.71% (SIG) Xing - Labor Additive 1 LS 385,255.19 385,255 0 385,255 Sub-Total = 632,354 366,586 998,939
Totals = 632,354 366,586 998,939
Grand Total = $998,939
This is a preliminary estimate, intended to provide a ballpark cost to determine whether a proposed project warrants further study. This estimate is not to be used for budget authority. Quantities and costs are estimated using readily available information and experience with similar projects. Site conditions and changes in project scope and design may result in significant cost variance. ____________________________________________________________________________________________________________________________________ Friday, January 21, 2022 Page 1 of 1
Material And Force Account Estimate

CITY OF JURUPA VALLEY
Estimate Number: 135488 Version: 1
Standard Rates: Labor Additive = 222.97%
Estimate Good Until 09/16/22
Location: LOS ANGELES SUB, NO 1, 47.36-47.4
Description of Work: 810978W Rutile St City of Jurupa Valley CA 47.38 Los Angeles Sub Prepared For: Riverside County
Buy America: Yes
COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100

ENGINEERING
Engineering 1 LS 58,723.00 58,723 0 58,723 0 58,723
Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Foreign Line Freight - Track Surface RECOLLECT 1 LS 2,732.12 0 2,732 2,732 0 2,732 Sub-Total = 58,723 4,532 63,255 0 63,255

TRACK CONSTRUCTION - COMPANY
Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 0 11,450 RDXING RDXING 136# CON10W PP PAN COMPLETE 112 TF 844.87 52,162 42,463 94,626 0 94,626 RDXING RDXING 136# CONC W/SL3 10' CTIES 112 TF 608.65 40,512 27,657 68,169 0 68,169 TRACK 136# CWRIS0 24-8'6" PPHWD N 16 TP 96 TF 763.37 51,676 21,608 73,284 0 73,284 COMPJT Transition Rail - 136# 4 PR 6,651.04 13,529 13,076 26,604 0 26,604 Sub-Total = 169,328 104,805 274,133 0 274,133

TRACK REMOVAL - COMPANY
RDXING Remove road crossing - concrete 180 TF 87.34 15,722 0 15,722 0 15,722 TRACK Remove Track 140 TF 32.66 4,573 0 4,573 0 4,573
Sub-Total = 20,295 0 20,295 0 20,295

SITE WORK - CONTRACT
Asphalt: Saw Cut 1 LS 5,000.00 0 5,000 5,000 0 5,000
Sub-Total = 0 5,000 5,000 0 5,000

EQUIPMENT RENTAL
Equipment Rental 5 LS 5,000.00 0 25,000 25,000 0 25,000 Sub-Total = 0 25,000 25,000 0 25,000
Total Wgt. in Tons = 1,533 Totals = 248,346 139,337 387,683 0 387,683 Grand Total = $387,683
Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, Riverside will pay actual construction costs at the current rates effective thereof. __________________________________________________________________________________________________________________________________________________________________________ Thursday, September 16, 2021 Page 1 of 1
Contractor's Right of Entry Public Projects
Form Approved 06/01/2021
1 EXHIBIT D
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the ______ day of _______________________, 20______, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and ___________________________________________________, a ______________________ c orporation ("Contractor").

RECITALS:

Contractor has been hired by ___________________________________________________ to perform work relating to __________________________________________________________ (the “ Work”) with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepos t __________ on Railroad's ______________________________ [Subdivision or Branch] [at or near DOT No. _______________ located at or near ____________, in _______________ County, State of ______________, as such location is in the general location shown on the print mark ed Appendix A, attached hereto and hereby made a part hereof, whic h Wo rk is the subject of a contract dated ___________________ between Railroad and _____________________________________.

Railroad is willing to permit C ontractor to perform t he Work described above at the location desc ribed above subject to the terms and conditions contained in this agreement AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows:

ARTICLE 1 - DEFINITION OF CONTRACTOR.

For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence.

ARTICLE 2 - RIGHT G RANTED; PURPOSE.

Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Rec itals for the purpose of performing the Work described in the Recitals abov e. The right herein granted to Contractor is limited to thos e portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4.

ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN APPENDICES B AND C.

The terms and conditions contained in Appendix B and Appendix C, attached hereto, are hereby made a part of this agreement.

Contractor's Right of Entry Public Projects
Form Approved 06/01/2021
2 ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE.

A. C
ontractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement.

B. C
ontractor shall coordinate all of its Work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"):
___________________________________

___________________________________
___________________________________
___________________________________
C. Contractor, at its own expense, s hall adequately police and supervis e all Work to be performed by Contractor and shall ens ure that such Work is performed in a safe manner as set forth in Section 7 of Appendix B. The responsibility of Contractor for s afe conduct and adequate policing and supervis ion of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by complianc e by Contractor with any requests or recommendations made by Railroad Representative.

ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.

The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this a greement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad’s property.

ARTICLE 6 - TERM; T ERMINATION.

A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until __________________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property.

B. This agreement may be terminat ed by ei ther party on t en (10) da ys written notice to the other party.

ARTICLE 7 - CERTIFICATE O F INSURANCE.

A. Before commencing any Work and throughout the entire term of this Agreement, Contractor , at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Appendix C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Appendix B of this agreement.

B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry.

C. U
pon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance Contractor's Right of Entry Public Projects
Form Approved 06/01/2021
3 carrier evidencing the insurance coverage required under Appendix B.

D. Contractor understands and accepts t hat the terms of this A rticle are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement.

E. Upon request o f R ailroad, insurance co rrespondence, bi nders, pol icies, certificates and endorsements shall be sent to:

U
nion Pacific Railroad Company
1400 Douglas Street, Stop 1690
Omaha, NE 68179
Attn: Manager
Project No. 0154085
ARTICLE 8 - PRECONSTRUCTION MEETING.

If
the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, th e Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE.

A
t the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property.

ARTICLE 10. ADMINISTRATIVE FEE.

U
pon the execution and delivery of this a greement, Contractor shall pay to Railroad _________________________________ Dollars ($__________) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement.

ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.

A. N
o additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.

B. A
ny permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.

Contractor's Right of Entry Public Projects
Form Approved 06/01/2021

4 ARTICLE 12.- EXPLOSIVES.

Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY

By: ________________________________

Title: _______________________________

_________________________________
(Name of Contractor)

By: ______________________________

Name: ____________________________

Title: _____________________________

Phone: ____________________________

E-Mail: ____________________________

Appendix A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT
Appendix A will be a print showing the general location of the work site.

RUTILE ST
13 12 11
R/W
EXIST

EXIST R/W
R/W
R/W
00-0000
SCALE: 1"=10'

EXISTING VS PROPOSED
SHEET No.

OFSHEET
WO
FILE No.

COUNTY

LAST REVISION
00-00-00
DATE PLOTTED =>
3:05:54 PMTIME PLOTTED =>
USERNAME => GRAMOS
JURUPA RD GRADE SEP EXIST vs PROP 02.shtDGN FILE =>

RELATIVE BORDER SCALE

IS IN INCHES
0 2 31

JURUPA ROAD

COUNTY OF RIVERSIDE
4/1/2022

GRADE SEPARATION

EXHIBIT
BORDER LAST REVISED 09/2017
$DESIGN-SCRIPT
x
x
x
x
x
50'
100' UPRR R/W

EASEMENT LIMITS

EXIST RUTILE CROSSING

EASEMENT LIMITS

EXIST RUTILE CROSSING
52'
79'

VAN BUREN BLVD
79'
PROP

EXIST CROSSING LIMITS

PROP CROSSING LIMITS
102'

SIDEWALK

PROPOSED

SIDEWALK

PROPOSED

84.5' SIDEWALK

PROPOSED

SIDEWALK

PROPOSED

81.6'

EASEMENT LIMITS

EXIST RUTILE CROSSING
22 .7'

EASEMENT LIMITS

EXIST RUTILE CROSSING
21 .9'
74'
135'
LEGEND:

EXIST

R/W / EASEMENT
Crossing Area --------------
Additional 100 feet of UPRR ROW extends to the left

1 Appendix B
TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.

A. C
ontractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track.

B. N
o work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures.

C. C
ontractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion.

D. If any
flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing.

E. I
f any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.

F. The pr
ovisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is

2 paid for overtime, Saturdays and Sundays, and two and one- half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually w orked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad.

Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED

A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights ( whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.

Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.

A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative.

Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.

B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor.

3 Section 4. LIENS.

Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed.

Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.

Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished.

B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR

SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS,

LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES,

COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2)

ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY

TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGEN TS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST

RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE

OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY

USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY.

Section 6. PERMITS - COMPLIANCE WITH LAWS.

In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations.

Section 7. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work.

Contractor shall, at a minimum, comply with Railroad's then current safety standards loc ated at the below web address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property.

4 http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdf

B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.

C. Contractor shall have proper first aid supplies available on the job si te so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work.

D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this a greement shall control if there are any inconsistencies between this agreement and the Safety Plan.

Section 8. INDEMNITY.

A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL

INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS , DAMAGE, INJURY, LIABILITY,

CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S,

CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY,

CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT

OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY

ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.

B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON

OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY

NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXC EPT WHERE THE LOSS IS

CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY.

C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES.

CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8.

CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO.

D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY

WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY 5 TO THIS AGREEMENT MAY BE RE LIED UP ON O R US ED BY C ONTRACTOR I N ANY AT TEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY.

E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO

LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW.

Section 9. RESTORATION OF PROPERTY .

In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon.

Section 10. WAIVER OF DEFAULT .

Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default.

Section 11. MODIFICATION - ENTIRE AGREEMENT.

No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the appendices attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor.

Section 12. ASSIGNMENT - SUBCONTRACTING.

Contractor shall not assign or subc ontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor s hall, except to the ex tent prohibited by law; (1) require eac h of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respec t to all liabilities aris ing out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contrac tual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a s ubstitute form providing equivalent coverage) for the job site.
1 Appendix C
TO

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT
U
nion Pacific Railroad Company
Insurance Requirements For
Contractor’s Right of Entry Agreement
Dur
ing the entire term of this Agreement and course of the Project , and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage:

A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The
policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.

B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos).

The pol
icy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.

C. Workers' Compensation and Employers ' Liability insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If C
ontractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.

D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrenc e

2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED

TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.

E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.

F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the a greement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.

If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.

If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility a ccepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.

Other Requirements

G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this a greement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC

RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.

I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance.

J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement.

3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A - and Class VII or better, and authorized to do business in the state where the Work is being performed.

L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.

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

XHIBIT E
TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
E
xhibit E will be Signal Design Schematic

NEW SHEET
Designed:

Rec#: WO#:

IS: /
///
06/25/21

INSTALL FLASHERS,

GATES, CANT AND CWT

CIRCUITS IN A NEW

CABIN AT RUTILE ST
M.P. 47.38
61548
NDR
KPMWIT
POK
xx C
4 C
33 C
T
C
GCP

W(S) E(N)
AS A 120V TO 240V ADAPTER.

FOR 240V TO 240V IS PROVIDED AS WELL

PORTABLE GENERATOR EXTENSION CORD
25' 25'
15'
25'
15'
2T2
2T1
2R1
2R2

TO BE VERIFIED BY FIELD

OFFSET AND ISLAND DISTANCES
5'3"
5'3"
TRK 1 ISLAND DISTANCE 197' MINIMUM 120' REQUIRED

PREFERRED ISLAND WIRE CONNECTIONS
CONNECTS TO M.P. 47.10

LENGTHS SHOULD NOT EXCEED MANUFACTURER'S
CONNECTS TO M.P. 47.80
5 6
1 2
5 6
5 6
1 2

TO CP EAST REDONDO
10'11'

TRANSMITTER AND RECEIVER LEADS

TOP OF FOUNDATION TO BE AT SAME ELEVATION

AS THE SURFACE OF THE TRAVELED WAY & NO
ALL LIGHTS TO BE 12" ROUNDELS.

LIGHTS:

NOTES:

ALL TRACK WIRES 2C. #6
INSULATED 1 TWIST PER FT.

RECOMMENDATION.

WIRE TO BE #6 AWG FLEX OR LARGER.

REFER TO UP STANDARD DWG FOR BUNGALOW GROUNDING.

ALL WIRING IN GATE MECHANISM TO BE #10 "AWG FLEX".
4" X 140' CONDUIT
= TWISTED WIRES
MORE THAN 4" ABOVE THE SURFACE OF THE GROUND.

ALL BUNGALOW WIRING TO BE #16 AWG FLEX

UNLESS OTHERWISE SPECIFIED EXCEPT ALL GROUND
= = = = = =
430HZ
4"A"
C
C C C
T
"B"
3 4
xx
"C"
C
T
xx = BELL

7.1kHZ

LED LIGHTS
TO BE SEPARATED BY AT LEAST 12" IN TRENCH,
1 12' 24'

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS

CIRCUIT
PRIME WARNING TIME = 24 SECONDS
PREEMPT WARNING TIME = 42 SECONDS
1T2
1T1
1R1
1R2
6'
1 2 9
"D"
14'
= = = = = = = = = = = = =
= = = = = = = = = = = = = = = = = = = = = = =
4'6"
1 2
xx
43 15'
2'3"
"E"
7'9"
8 7
9 10
1 2
3 4
"F"
xx
15'
4' SIDEWALK
4'6"

RUTILE STREET
2 GCP
430HZ 8.3kHZ
4' SIDEWALK
9'9"
5 6 10
5,447' 25+5+1(CT)+16(PRE) SEC. @ 79 M.P.H. 5,447' 25+5+1(CT)+16(PRE) SEC. @ 79 M.P.H. 15'
X
R/B
R/BR/B
R/BRT

10.2KHZ

PRE/DAX
NBS641
156HZ
NBS
NBS
156HZ
NBS
156HZ
NBS
156HZ
45'
I.J. P.S.

M.P. 47.80
GCP
GCP

17.5KHZ
156HZ

20.2KHZ
156HZ
M.P. 47.10

BELLE GRAVE AVENUE
L
GCP430HZ
GCP525HZ
NBS
525HZ
NBS
430HZ
NBS
GCP348HZ
348HZ GCP
B
B
R/B
R/B
R
R
R/B
R/B
R/B R
#20
#20
#14 B

PRE/DAXPRE
1W(S)
A B
2W(S)
A B
1E(N) A
2E(N)
CD
2E(N)
AB
DTL
w/2800'
NBS
156HZ
DTL
w/2800'
NBS
156HZ
LCI.J.P.S.P.S.I.J. P.S.P.S.
52'
324'
826'
423'
265'
762' 1552'
M.P. 46.80
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DV
DV
DV
Y

09.23.16 4K 4GTYP.1
Date:

Des:

Chk:

AFE:

Sh.:

DOT
MP:

ID:
06/25/21
WIT
NDR
61548
1 810978W

47.38 RIVERSIDE, CALIFORNIA

RUTILE STREET

LOS ANGELES SUBDIVISION
Omaha, Nebraska
©2007 UnionPacificRailroad
©2007 UnionPacificRailroad
Office of Sr AVP Engineering - Signal/TCO

UNION PACIFIC RAILROAD
09654738.1X
CANT "D" : 25'
CONSTRUCTION NOTE:

1.)
+/-
M.P. 48.20

JURUPA ROAD
GCP 156HZ
GCP 156HZ
GCP285HZ
GCP285HZ
285HZ
NBS
NBS
285HZ
GCP
GCP
285HZ

11.5KHZ
285HZ

10.0KHZ
LC
2582'
NBS

2.) INSTALL THE REPEATER/REMOTE AT
DTL
w/600'
NBS
285HZ
w/600' DTL
285HZ NBS
ARE A MINIMUM 50' FROM EDGE OF SIDEWALK

THIS PROJECT IS TO BE INSTALLED IN
CONJUNCTION WITH PEDLEY ROAD (WO 61547).

M.P. 47.80 AS A PART OF THIS PROJECT.
= FIELD PROVIDE DIMENSION
6'X8'

DAX TO RUTILE ST

PRE-DAX TO RUTILE ST

PRE-DAX TO RUTILE ST DAX TO RUTILE ST

PRE-DAX TO RUTILE ST

PRE-DAX TO RUTILE ST
MAIN #1
MAIN #2

VAN BUREN BLVD

TO YERMO
3WL

DAX TO JURUPA RD

PRE-DAX TO BELLE GRAVE AVE

DAX TO BELLE GRAVE AVE

PRE-DAX TO RUTILE ST

DAX TO RUTILE ST

PRE-DAX TO RUTILE ST

DAX TO BELLE GRAVE AVE

PRE-DAX TO BELLE GRAVE AVE
5'3"
2'3"
w/400'644
641 NBS
w/400'644
641
641 NBS
1508'329'
MATERIAL NOTES; DELETE UPON "AC"
U.P. PART #520-0185
6X8 ALUMINUM CABIN6X8
POK
xx C
4 C
33 C
T
C
GCP

W(S) E(N)
AS A 120V TO 240V ADAPTER.

FOR 240V TO 240V IS PROVIDED AS WELL

PORTABLE GENERATOR EXTENSION CORD
25' 25'
15'
25'
15'
2T2
2T1
2R1
2R2

TO BE VERIFIED BY FIELD

OFFSET AND ISLAND DISTANCES
5'3"
5'3"
TRK 1 ISLAND DISTANCE 197' MINIMUM 120' REQUIRED

PREFERRED ISLAND WIRE CONNECTIONS
CONNECTS TO M.P. 47.10

LENGTHS SHOULD NOT EXCEED MANUFACTURER'S
CONNECTS TO M.P. 47.80
5 6
1 2
5 6
5 6
1 2

TO CP EAST REDONDO
10'11'

TRANSMITTER AND RECEIVER LEADS

TOP OF FOUNDATION TO BE AT SAME ELEVATION

AS THE SURFACE OF THE TRAVELED WAY & NO
ALL LIGHTS TO BE 12" ROUNDELS.

LIGHTS:

NOTES:

ALL TRACK WIRES 2C. #6
INSULATED 1 TWIST PER FT.

RECOMMENDATION.

WIRE TO BE #6 AWG FLEX OR LARGER.

REFER TO UP STANDARD DWG FOR BUNGALOW GROUNDING.

ALL WIRING IN GATE MECHANISM TO BE #10 "AWG FLEX".
4" X 140' CONDUIT
= TWISTED WIRES
MORE THAN 4" ABOVE THE SURFACE OF THE GROUND.

ALL BUNGALOW WIRING TO BE #16 AWG FLEX

UNLESS OTHERWISE SPECIFIED EXCEPT ALL GROUND
= = = = = =
430HZ
4"A"
C
C C C
T
"B"
3 4
xx
"C"
C
T
xx = BELL

7.1kHZ

LED LIGHTS
TO BE SEPARATED BY AT LEAST 12" IN TRENCH,
1 12' 24'

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS

RUTILE STREET
2 GCP
430HZ 8.3kHZ
4' SIDEWALK
9'9"
5 6 10
5,447' 25+5+1(CT)+16(PRE) SEC. @ 79 M.P.H. 5,447' 25+5+1(CT)+16(PRE) SEC. @ 79 M.P.H. 15'
X
R/B
R/BR/B
R/BRT

10.2KHZ

PRE/DAX
NBS641
156HZ
NBS
NBS
156HZ
NBS
156HZ
NBS
156HZ
45'
I.J. P.S.

M.P. 47.80
GCP
GCP

17.5KHZ
156HZ

20.2KHZ
156HZ
M.P. 47.10

BELLE GRAVE AVENUE
L
GCP430HZ
GCP525HZ
NBS
525HZ
NBS
430HZ
NBS
GCP348HZ
348HZ GCP
B
B
R/B
R/B
R
R
R/B
R/B
R/B R
#20
#20
#14 B

09.23.16 4K 4GTYP.1
Date:

Des:

Chk:

AFE:

Sh.:

DOT
MP:

ID:
06/25/21
WIT
NDR
61548
1 810978W

47.38 RIVERSIDE, CALIFORNIA

RUTILE STREET

LOS ANGELES SUBDIVISION
Omaha, Nebraska
©2007 UnionPacificRailroad
©2007 UnionPacificRailroad
Office of Sr AVP Engineering - Signal/TCO

UNION PACIFIC RAILROAD
09654738.1X
CANT "D" : 25'
CONSTRUCTION NOTE:

1.)
+/-
M.P. 48.20

JURUPA ROAD
GCP 156HZ
GCP 156HZ
GCP285HZ
GCP285HZ
285HZ
NBS
NBS
285HZ
GCP
GCP
285HZ

11.5KHZ
285HZ

10.0KHZ
LC
2582'
NBS

2.) INSTALL THE REPEATER/REMOTE AT
DTL
w/600'
NBS
285HZ
w/600' DTL
285HZ NBS
ARE A MINIMUM 50' FROM EDGE OF SIDEWALK

THIS PROJECT IS TO BE INSTALLED IN
CONJUNCTION WITH PEDLEY ROAD (WO 61547).

M.P. 47.80 AS A PART OF THIS PROJECT.
= FIELD PROVIDE DIMENSION
6'X8'

DAX TO RUTILE ST

PRE-DAX TO RUTILE ST

PRE-DAX TO RUTILE ST DAX TO RUTILE ST

PRE-DAX TO RUTILE ST

PRE-DAX TO RUTILE ST
MAIN #1
MAIN #2

VAN BUREN BLVD

TO YERMO
3WL

DAX TO JURUPA RD

PRE-DAX TO BELLE GRAVE AVE

DAX TO BELLE GRAVE AVE

PRE-DAX TO RUTILE ST

DAX TO RUTILE ST

PRE-DAX TO RUTILE ST

DAX TO BELLE GRAVE AVE

PRE-DAX TO BELLE GRAVE AVE
5'3"
2'3"
w/400'644
641 NBS
w/400'644
641
641 NBS
1508'329'
MATERIAL NOTES; DELETE UPON "AC"
U.P. PART #520-0185
6X8 ALUMINUM CABIN6X8

NEW SHEET
Designed:

Rec#: WO#:

IS: /
///
06/25/21

INSTALL FLASHERS,

GATES, CANT AND CWT

CIRCUITS IN A NEW

CABIN AT RUTILE ST
M.P. 47.38
61548
NDR
KPMWIT

NEW SHEET
Designed:

Rec#: WO#:

IS: /
///
06/25/21

INSTALL FLASHERS,

GATES, CANT AND CWT

CIRCUITS IN A NEW

CABIN AT RUTILE ST
M.P. 47.38
61548
NDR
KPMWIT
CABLE NO. 10 U.G.B.T. HOUSE TO TRAFFIC CONTROLLER
TB 199
GDP2
GDP1
(10)
(10)
IN 3
OUT 3
PRE
ISL
12 12
GDR
A-C
TP2
TP4
TP5
TP1 IN 1
OUT 2
IN 2
OUT 1 (10)
(10)
(10)
(10)
12 15

TP3
TP6
SUPV 1
SUPV 2
(10)
(10)
3A
3D
3B
3C
1E
3E
TIR
884
SHT. 3
CONN.

1.2 OUT

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS

CIRCUIT
CABLE
12 XRP2
XRP1
(10)
(10)
869
TSH

+2 7 TSH2
TSH1
(10)
(10)IN 7-
IN 5
OUT 5
IN 7+
3A
3D
3B
3C
1E
3E
XR
884
SHT. 3
CONN.

2.2 OUT
ARE AC VOLTAGE.

AND GATE DOWN CIRCUITS

CABLE REQUIRED IF PREEMPTION
(MUST BE 12 VDC) SEPARATE

TRAFFIC SYSTEM HEALTH
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DV
DV
DV
Y

09.23.16 4K PREEMPT.1A
Date:

Des:

Chk:

AFE:

Sh.:

DOT
MP:

ID:
06/25/21
WIT
NDR
61548
1A
810978W

47.38 RIVERSIDE, CALIFORNIA

RUTILE STREET

LOS ANGELES SUBDIVISION
Omaha, NebraskaOffice of Sr AVP Engineering - Signal/TCO

UNION PACIFIC RAILROAD
09654738.1AX

6.1 IN

6.2 IN
4780-4738DAX1
N4780-4738DAX1
4780-4738PRE1
N4780-4738PRE1
TO M.P. 47.80

CABLE TABULATION
CABLE NO. 11 19C#14 U.G.B.T. HOUSE TO M.P. 47.10
CABLE NO. 12 19C#14 U.G.B.T. HOUSE TO M.P. 47.80

5.1 IN

5.2 IN
4710-4738DAX1
N4710-4738DAX1
4710-4738PRE1
N4710-4738PRE1
TO M.P. 47.10
N4780-4710DAX2
4780-4710DAX2
N4780-4710PRE2
4780-4710PRE2

5.3 IN

5.4 IN
4710-4738DAX2
N4710-4738DAX2
4710-4738PRE2
N4710-4738PRE2

6.3 IN

6.4 IN
4780-4738DAX2
N4780-4738DAX2
4780-4738PRE2
N4780-4738PRE2
N4780-4710DAX1
4780-4710DAX1
N4780-4710PRE1
4780-4710PRE1
SHT.3
CONN.

CABLE
583 380
TB
583 380
380
(11)
SHT.3
CONN.

SHT.3
CONN.

SHT.3
CONN.
583380
TB
(12)
CABLE

INSTRUMENT HOUSE INSTRUMENT HOUSE
(12)
(12)
(12)
(12)
(12)
(12)
(12)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(12)
(12)
(12)
(12)
(12)
(12)
(12)
(12)

INSTRUMENT HOUSE
BOX

CONTROL

TRAFFIC

TRAFFIC CONTROLLER

INTERCONNECTION TO

SIMULTANEOUS PREEMPTION

IS OCCUPIED

GATES ARE DOWN OR ISLAND

GREEN UNTIL THE RAILROAD

HOLD TRACK CLEARANCE

IS PROVIDED FOR THE

TRAFFIC CONTROLLER TO

THE GATE DOWN CIRCUIT
TRAFFIC CONTROLLER.

INTERCONNECTION TO
"A-C" GATE DOWN

TRAFFIC CONTROLLER

INTERCONNECTION TO

ADVANCED PREEMPTION
18 20
13 15
583 380
23 25
583 380
27 29
32 34
380
37 39
380
42 44
380
46 48
51 53
583380
56 58
583380
61 63
583380
65 67
380
6 7
8 9
10 11
13 16
18 21
23 24
380
380
380
380
380
380
380
380
380
380
380
CABLE NO. 10 U.G.B.T. HOUSE TO TRAFFIC CONTROLLER
TB 199
GDP2
GDP1
(10)
(10)
IN 3
OUT 3
PRE
ISL
12 12
GDR
A-C
TP2
TP4
TP5
TP1 IN 1
OUT 2
IN 2
OUT 1 (10)
(10)
(10)
(10)
12 15

TP3
TP6
SUPV 1
SUPV 2
(10)
(10)
3A
3D
3B
3C
1E
3E
TIR
884
SHT. 3
CONN.

1.2 OUT

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS

CIRCUIT
CABLE
12 XRP2
XRP1
(10)
(10)
869
TSH

+2 7 TSH2
TSH1
(10)
(10)IN 7-
IN 5
OUT 5
IN 7+
3A
3D
3B
3C
1E
3E
XR
884
SHT. 3
CONN.

2.2 OUT
ARE AC VOLTAGE.

AND GATE DOWN CIRCUITS

CABLE REQUIRED IF PREEMPTION
(MUST BE 12 VDC) SEPARATE

TRAFFIC SYSTEM HEALTH
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DV
DV
DV
Y

09.23.16 4K PREEMPT.1A
Date:

Des:

Chk:

AFE:

Sh.:

DOT
MP:

ID:
06/25/21
WIT
NDR
61548
1A
810978W

47.38 RIVERSIDE, CALIFORNIA

RUTILE STREET

LOS ANGELES SUBDIVISION
Omaha, NebraskaOffice of Sr AVP Engineering - Signal/TCO

UNION PACIFIC RAILROAD
09654738.1AX

6.1 IN

6.2 IN
4780-4738DAX1
N4780-4738DAX1
4780-4738PRE1
N4780-4738PRE1
TO M.P. 47.80

CABLE TABULATION
CABLE NO. 11 19C#14 U.G.B.T. HOUSE TO M.P. 47.10
CABLE NO. 12 19C#14 U.G.B.T. HOUSE TO M.P. 47.80

5.1 IN

5.2 IN
4710-4738DAX1
N4710-4738DAX1
4710-4738PRE1
N4710-4738PRE1
TO M.P. 47.10
N4780-4710DAX2
4780-4710DAX2
N4780-4710PRE2
4780-4710PRE2

5.3 IN

5.4 IN
4710-4738DAX2
N4710-4738DAX2
4710-4738PRE2
N4710-4738PRE2

6.3 IN

6.4 IN
4780-4738DAX2
N4780-4738DAX2
4780-4738PRE2
N4780-4738PRE2
N4780-4710DAX1
4780-4710DAX1
N4780-4710PRE1
4780-4710PRE1
SHT.3
CONN.

CABLE
583 380
TB
583 380
380
(11)
SHT.3
CONN.

SHT.3
CONN.

SHT.3
CONN.
583380
TB
(12)
CABLE

INSTRUMENT HOUSE INSTRUMENT HOUSE
(12)
(12)
(12)
(12)
(12)
(12)
(12)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(11)
(12)
(12)
(12)
(12)
(12)
(12)
(12)
(12)

INSTRUMENT HOUSE
BOX

CONTROL

TRAFFIC

TRAFFIC CONTROLLER

INTERCONNECTION TO

SIMULTANEOUS PREEMPTION

IS OCCUPIED

GATES ARE DOWN OR ISLAND

GREEN UNTIL THE RAILROAD

HOLD TRACK CLEARANCE

IS PROVIDED FOR THE

TRAFFIC CONTROLLER TO

THE GATE DOWN CIRCUIT
TRAFFIC CONTROLLER.

INTERCONNECTION TO
"A-C" GATE DOWN

TRAFFIC CONTROLLER

INTERCONNECTION TO

NEW SHEET
Designed:

Rec#: WO#:

IS: /
///
06/25/21

INSTALL FLASHERS,

GATES, CANT AND CWT

CIRCUITS IN A NEW

CABIN AT RUTILE ST
M.P. 47.38
61548
NDR
KPMWIT

NEW SHEET
Designed:

Rec#: WO#:

IS: /
///
06/25/21

INSTALL FLASHERS,

GATES, CANT AND CWT

CIRCUITS IN A NEW

CABIN AT RUTILE ST
M.P. 47.38
61548
NDR
KPMWIT
CONNECTS TO M.P. 47.38
CONNECTS TO M.P. 48.20
4,349'
1W(S)T 1E(N)T
4,349'
2W(S)T 2E(N)T

TO YERMO

E(N)W(S)

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS

CIRCUIT
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DW
DW
DW
Y
02/24/21 IXS2TRR.1S
NOTES:

OBSERVE CORRECT POLARITY=
=

EQUIPMENT WILL BE DAMAGED
IF CONNECTIONS ARE REVERSED.

TWISTED WIRES.

ALL WIRING TO TRACK 2C.NO.6
U.G.B.T. CABLE
ALL HOUSE WIRING TO BE NO.16

UNLESS OTHERWISE SPECIFIED
CONNECTIONS.

SHOP TO RUN ALL GROUND
BE #6 OR LARGER, SIGNAL WIRING

ALL GROUND CONNECTIONS TO
INSULATED JOINTS.

TRANSPOSED ACROSS ALL

ENSURE TRACK POLARITY IS
GROUNDING SCHEME.

DRAWING FOR HOUSE

REFER TO STANDARDS
TRACK AND A.C. POWER WIRES).

TO EXTERNAL CABLES (EXCEPT

STALLED ON ALL WIRING CONNECTED
= TEST TERMINALS MUST BE IN-

SHOW ACTUAL DED INSTALLED
LOCATION ON DRAWING.
120V TO 240V ADAPTER.
240V TO 240V IS PROVIDED AS WELL AS A

PORTABLE GENERATOR EXTENSION CORD FOR
3 GCP
DAX C OFFSET= '
DAX A OFFSET= '

DAX/PRE
DAX
1R2
1R1
3R2
3R1
2R2
2R1
4R2
4R1
1T2/1E(N)TN
1T1/1E(N)TB
3T2/2E(N)TN
3T1/2E(N)TB
4T1/2W(S)TN
4T2/2W(S)TB
GCP
4 DAX D OFFSET= '

DAX A TO RUTILE STREET

PRE-DAX B TO RUTILE STREET

DAX C TO BELLE GRAVE AVENUE

PRE-DAX D TO BELLE GRAVE AVENUE
DAX A OFFSET= '

DAX A TO JURUPA ROAD
2T1/1W(S)TN/LT-R
2T2/1W(S)TB/LT-RTB-58
LT-T
LT-T
TB-60

10.2KHZ
M.P. 47.38

RUTILE STREET
GCP
GCP

7.1KHZ
430HZ

8.3KHZ
430HZ
M.P. 47.10

BELLE GRAVE AVENUE
GCP
GCP

17.5KHZ
156HZ

20.2KHZ
156HZ
DTL
w/400'
NBS
430HZ
DTL
w/400'
NBS
430HZ
NBS
156HZ
NBS
156HZ
NBS
NBS
641
641

DAX/PRE
X
NBS
NBS
640
640
GCP

11.5KHZ
285HZ

10.0KHZ
285HZ
GCP
M.P. 48.20

JURUPA ROAD
4,056' 25+5+5(CT) SEC. @ 79 M.P.H.
5,447' 25+5+1(CT)+16(PRE) SEC. @ 79 M.P.H.
4,868' 25+5+2(CT)+10(PRE) SEC. @ 79 M.P.H.

TO CP EAST REDONDO
I.J. P.S.LC LC
LC
1651' 1936' 45' 2582'
DATE:

DES:

CHK:

A.F.E.

SH.

M.P.

ID=
06/25/21
WIT
NDR
61548
1 47.80

TWO TRACK REPEATER

LOS ANGELES SUBDIVISION
Omaha, Nebraska
©2007 UnionPacificRailroad
©2007 UnionPacificRailroad
Office of Sr AVP Engineering - Sig

UNION PACIFIC RAILROAD
09654780.1S

1.)
CONSTRUCTION NOTES:

DTL
w/600'
NBS
285HZ
DTL
w/600'
NBS
285HZ
156HZ285HZ

2.)
DAX B OFFSET= '
T1,T3 DAX A WARNING TIME = 24 SECONDS
T1,T3 PRE-DAX B WARNING TIME = 42 SECONDS
T1,T3 DAX C WARNING TIME = 25 SECONDS
T1,T3 PRE-DAX D WARNING TIME = 37 SECONDS T2,T4 DAX A WARNING TIME = 30 SECONDS 1 GCP
DAX C OFFSET= '
DAX A OFFSET= '
GCP
2 DAX D OFFSET= '

DAX A TO RUTILE STREET

PRE-DAX B TO RUTILE STREET

DAX C TO BELLE GRAVE AVENUE

PRE-DAX D TO BELLE GRAVE AVENUE
DAX A OFFSET= '

DAX A TO JURUPA ROAD
156HZ285HZ
DAX B OFFSET= '
6'X8'
5,904'
5,904'
3WL
REUSE THE EXISTING W(S) 285HZ SHUNTS
FOR JURUPA ROAD.

INSTALL TRACK FILTERS (TAB 729) TO THE
WAYSIDE UNITS @ THE FOLLOWING LOCATIONS:
(2) 156 HZ - M.P. 47.80
(2) 156 HZ - M.P. 48.80
MATERIAL NOTES; DELETE UPON "AC"
U.P. PART #520-0185
6X8 ALUMINUM CABIN6X8
CONNECTS TO M.P. 47.38
CONNECTS TO M.P. 48.20
4,349'
1W(S)T 1E(N)T
4,349'
2W(S)T 2E(N)T

TO YERMO

E(N)W(S)

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS

CIRCUIT
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DW
DW
DW
Y
02/24/21 IXS2TRR.1S
NOTES:

OBSERVE CORRECT POLARITY=
=

EQUIPMENT WILL BE DAMAGED
IF CONNECTIONS ARE REVERSED.

TWISTED WIRES.

ALL WIRING TO TRACK 2C.NO.6
U.G.B.T. CABLE
ALL HOUSE WIRING TO BE NO.16

UNLESS OTHERWISE SPECIFIED
CONNECTIONS.

SHOP TO RUN ALL GROUND
BE #6 OR LARGER, SIGNAL WIRING

ALL GROUND CONNECTIONS TO
INSULATED JOINTS.

TRANSPOSED ACROSS ALL

ENSURE TRACK POLARITY IS
GROUNDING SCHEME.

DRAWING FOR HOUSE

REFER TO STANDARDS
TRACK AND A.C. POWER WIRES).

TO EXTERNAL CABLES (EXCEPT

STALLED ON ALL WIRING CONNECTED
= TEST TERMINALS MUST BE IN-

SHOW ACTUAL DED INSTALLED
LOCATION ON DRAWING.
120V TO 240V ADAPTER.
240V TO 240V IS PROVIDED AS WELL AS A

PORTABLE GENERATOR EXTENSION CORD FOR
3 GCP
DAX C OFFSET= '
DAX A OFFSET= '

DAX/PRE
DAX
1R2
1R1
3R2
3R1
2R2
2R1
4R2
4R1
1T2/1E(N)TN
1T1/1E(N)TB
3T2/2E(N)TN
3T1/2E(N)TB
4T1/2W(S)TN
4T2/2W(S)TB
GCP
4 DAX D OFFSET= '

DAX A TO RUTILE STREET

PRE-DAX B TO RUTILE STREET

DAX C TO BELLE GRAVE AVENUE

PRE-DAX D TO BELLE GRAVE AVENUE
DAX A OFFSET= '

DAX A TO JURUPA ROAD
2T1/1W(S)TN/LT-R
2T2/1W(S)TB/LT-RTB-58
LT-T
LT-T
TB-60

10.2KHZ
M.P. 47.38

RUTILE STREET
GCP
GCP

7.1KHZ
430HZ

8.3KHZ
430HZ
M.P. 47.10

BELLE GRAVE AVENUE
GCP
GCP

17.5KHZ
156HZ

20.2KHZ
156HZ
DTL
w/400'
NBS
430HZ
DTL
w/400'
NBS
430HZ
NBS
156HZ
NBS
156HZ
NBS
NBS
641
641

DAX/PRE
X
NBS
NBS
640
640
GCP

11.5KHZ
285HZ

10.0KHZ
285HZ
GCP
M.P. 48.20

JURUPA ROAD
4,056' 25+5+5(CT) SEC. @ 79 M.P.H.
5,447' 25+5+1(CT)+16(PRE) SEC. @ 79 M.P.H.
4,868' 25+5+2(CT)+10(PRE) SEC. @ 79 M.P.H.

TO CP EAST REDONDO
I.J. P.S.LC LC
LC
1651' 1936' 45' 2582'
DATE:

DES:

CHK:

A.F.E.

SH.

M.P.

ID=
06/25/21
WIT
NDR
61548
1 47.80

TWO TRACK REPEATER

LOS ANGELES SUBDIVISION
Omaha, Nebraska
©2007 UnionPacificRailroad
©2007 UnionPacificRailroad
Office of Sr AVP Engineering - Sig

UNION PACIFIC RAILROAD
09654780.1S

1.)
CONSTRUCTION NOTES:

DTL
w/600'
NBS
285HZ
DTL
w/600'
NBS
285HZ
156HZ285HZ

DAX A TO RUTILE STREET

PRE-DAX B TO RUTILE STREET

DAX C TO BELLE GRAVE AVENUE

PRE-DAX D TO BELLE GRAVE AVENUE
DAX A OFFSET= '

DAX A TO JURUPA ROAD
156HZ285HZ
DAX B OFFSET= '
6'X8'
5,904'
5,904'
3WL
REUSE THE EXISTING W(S) 285HZ SHUNTS
FOR JURUPA ROAD.

NEW SHEET
Designed:

Rec#: WO#:

IS: /
///
06/25/21

INSTALL FLASHERS,

GATES, CANT AND CWT

CIRCUITS IN A NEW

CABIN AT RUTILE ST
M.P. 47.38
61548
NDR
KPMWIT

NEW SHEET
Designed:

Rec#: WO#:

IS: /
///
06/25/21

INSTALL FLASHERS,

GATES, CANT AND CWT

CIRCUITS IN A NEW

CABIN AT RUTILE ST
M.P. 47.38
61548
NDR
KPMWIT

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS

CIRCUIT
SHT.3
CONN.

2.1 OUT
4780-4820DAX1
N4780-4820DAX1
4780-4820DAX2
N4780-4820DAX2
TO M.P. 48.20

CABLE TABULATION
CABLE NO. 1 19C#14 U.G.B.T. HOUSE TO M.P. 47.38
CABLE

1.1 OUT
4780-4738DAX1
N4780-4738DAX1
4780-4738PRE1
N4780-4738PRE1
TO M.P. 47.38
4780-4738DAX2
N4780-4738DAX2
4780-4738PRE2
N4780-4738PRE2
DATE:

DES:

CHK:

A.F.E.

SH.

M.P.

ID=
06/25/21
WIT
NDR
61548
1A

47.80 TWO TRACK REPEATER

LOS ANGELES SUBDIVISION
Omaha, NebraskaOffice of Sr AVP Engineering - Sig

UNION PACIFIC RAILROAD
09654780.1AX
4780-4710DAX1
N4780-4710DAX1
4780-4710PRE1
N4780-4710PRE1

2.2 OUT

1.2 OUT

3.1 OUT

3.2 OUT

4.2 OUT

5.1 OUT

5.2 OUT
N4780-4710PRE2
4780-4710PRE2
N4780-4710DAX2
4780-4710DAX2
CABLE NO. 2 7C#14 U.G.B.T. HOUSE TO M.P. 48.20
583 380
TB

4.1 OUT
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
SHT.3
CONN.

SHT.3
CONN.

SHT.3
CONN.
583380
TB
(2)
(2)
(2)
(2)
CABLE

INSTRUMENT HOUSE INSTRUMENT HOUSE
61 63
583380
65 67
23 25
583 380
27 29
583 380
32 34
583 380
37 39
583 380
42 44
583 380
46 48
583 380
51 53
583 380
56 58

SIGNAL DESIGN

THE OFFICE OF

AUTHORITY FROM

MADE WITHOUT

ARE NOT TO BE

MODIFICATIONS

CIRCUIT
SHT.3
CONN.

2.1 OUT
4780-4820DAX1
N4780-4820DAX1
4780-4820DAX2
N4780-4820DAX2
TO M.P. 48.20

CABLE TABULATION
CABLE NO. 1 19C#14 U.G.B.T. HOUSE TO M.P. 47.38
CABLE

1.1 OUT
4780-4738DAX1
N4780-4738DAX1
4780-4738PRE1
N4780-4738PRE1
TO M.P. 47.38
4780-4738DAX2
N4780-4738DAX2
4780-4738PRE2
N4780-4738PRE2
DATE:

DES:

CHK:

A.F.E.

SH.

M.P.

ID=
06/25/21
WIT
NDR
61548
1A

47.80 TWO TRACK REPEATER

LOS ANGELES SUBDIVISION
Omaha, NebraskaOffice of Sr AVP Engineering - Sig

UNION PACIFIC RAILROAD
09654780.1AX
4780-4710DAX1
N4780-4710DAX1
4780-4710PRE1
N4780-4710PRE1

2.2 OUT

1.2 OUT

3.1 OUT

3.2 OUT

4.2 OUT

5.1 OUT

5.2 OUT
N4780-4710PRE2
4780-4710PRE2
N4780-4710DAX2
4780-4710DAX2
CABLE NO. 2 7C#14 U.G.B.T. HOUSE TO M.P. 48.20
583 380
TB

4.1 OUT
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
SHT.3
CONN.

SHT.3
CONN.

SHT.3
CONN.
583380
TB
(2)
(2)
(2)
(2)
CABLE

INSTRUMENT HOUSE INSTRUMENT HOUSE
61 63
583380
65 67
23 25
583 380
27 29
583 380
32 34
583 380
37 39
583 380
42 44
583 380
46 48
583 380
51 53
583 380
56 58

NEW SHEET
Designed:

Rec#: WO#:

IS: /
///
06/25/21

INSTALL FLASHERS,

GATES, CANT AND CWT

CIRCUITS IN A NEW

CABIN AT RUTILE ST
M.P. 47.38
61548
NDR
KPMWIT
Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT F

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT

Exhibit F will be Annual Signal Maintenance Fee

FOR PID # 119495

STREET RUTILE STREET

TOWN RIVERSIDE, CA
MILEPOST 47.38

SUBDIVISION LOS ANGELES
AAR/DOT NO. 810978W
WORK ORDER# 61548

DESCRIPTION VALUE QUANTITY UNITS
NON-CODED TRK. CIRCUIT 2 0
(Standalone AFTAC or Ring 10)
SUPERIMPOSED CIRCUIT(AFTAC) / 2 0

DETECTION LOOP
HIGHWAY GRADE CROSSING SIGNAL 2 14
(FRONT LIGHTS)
ADDITIONAL PAIR OF LIGHTS 1 7
(OTHER THAN FRONT LIGHTS)
GATE MECHANISM, AUTOMATIC 8 16
WITH ARM UP TO 26 FT
GATE MECHANISM, AUTOMATIC 10 10
WITH ARM OVER 26 FT
GCP/HXP (constant warning device, per track circuit) 15 30 EXIT GATE MANAGEMENT SYSTEM RACK* 10 0
MOVEMENT DETECTOR (PMD) 6 0
MOVEMENT DETECTOR (STANDBY UNIT) 3 0
RADIO DATA LINK, PER UNIT 1 0
PREEMPTION CIRCUIT 2 2
DATA RECORDER 1 0
REMOTE MONITORING DEVICE (SEAR, ETC)* 2 2
BONDED RAIL JOINTS (per mile, each rail, single bonded) 1 0 BATTERY AND CHARGER (per set) 1 2 2
TOTAL UNIT COUNT 83
PAVEMENT RESTORATION COSTS (Actual)
Annual Maintenance Cost at $170/Unit $14,110
*UP supplied Unit Value
January 25, 2022
0 1
0 1
0 2
1 2
0 0
0 7

AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS

ESTIMATED MAINTENANCE COSTS

BY THE UNION PACIFIC RAILROAD
0 0
7 1

UP Real Estate Project No.: 0781131

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

Pedley Road
810981E

0.61 – Crestmore Industrial Lead
Pedley, Riverside County, California

THIS AGREEMENT ("Agreement") is made and entered into as of the day of , 20 _ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY (”Railroad"), a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 and CITY OF JURUPA VALLEY (“City”), a municipal corporation of the State of California, to be addressed at 8930 Limonite Avenue, Jurupa Valley, California 92509.

RECITALS:

Presently, the City owns and maintains an existing at grade public road crossing over Pedley Road, DOT Number 810981E (the “Existing Crossing”) at Railroad’s Milepost

0.61 on Railroad’s Crestmore Industrial Lead at or near Pedley, Riverside County, California (“Railroad’s Operating Property”).

The City now desires to undertake as its project (the “Project”) the reconstruction and widening of the Existing Crossing with the addition of a lane, median, and sidewalks. The Existing Crossing, as reconstructed and widened is hereinafter the “Roadway.”

The Railroad’s Operating Property being utilized for the Existing C rossing is not sufficient to allow for the reconstruction and widening of the Roadway. The portion of Railroad’s Operating Property that City needs to use in connection with the Roadway (including the area being utilized for the Existing Crossing) is shown on the Railroad’s location print marked Exhibit A , attached hereto and hereby made a part hereof (the “Crossing Area”).

In support of its Project, the City has requested the Railroad’s cooperation in connection with upgrading grade crossing protection devices, upgrading highway traffic control signals, and installing the necessary relays and other materials required to interconnect and coordinate the operation of said railroad grade crossing protection devices with the operation of said highway traffic co ntrol signals. Said work is to be performed at the sole expense of City.
2 The Railroad and the City are entering into this Agreement to cover the above.

AGREEMENT:

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

Section 1. EXHIBIT B

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

Section 2. RAILROAD GRANTS RIGHT

For and in good and valuable consideration of the City ’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the City the right to construct, maintain and repair the Roadway over and across the Crossing Area.

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

Section 3. DEFINITION OF CONTRACTOR

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

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

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

• execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and
3 • provide such insurance policies, certificates, binders and/or endorsements to the Railroad.

Under no circumstances will the Contractor be allowed on the Railroad's Operating Property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.

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

Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP Project No. 0781131

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

Section 5. FEDERAL AID POLICY GUIDE

If the 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.

Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD

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

Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO CITY; CITY'S PAYMENT OF BILLS

A. The work to be performed by the Railroad, at the City 's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dated September 9, 2021, and September 15, 2021, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's 4 estimated cost for the Railroad's work associated with the Project is Six Hundred Sixty Four Thousand Three Hundred Thirty Two Dollars ($664,332.00).

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

C. The City acknowledges that the Estimates may not include any estimate of flagging or other protective service costs that are to be paid by the City or the Contractor in connection with flagging or other protective services provided by the Railr oad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the City or the Contractor as determined by the Railroad and the City. If it is determined that the Railroad will be billing the Contractor directly for such costs, the City agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing.

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

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

Section 8. PLANS

A. The City, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Roadway and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering- Design, or his authorized representative, f or prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances.

B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.
5 C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.

D. The Railroad's review and approval of the Plans will in no way relieve the City or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the City or Contractor on the Plans is at the risk of the City and Contractor.

Section 9. NON-RAILROAD IMPROVEMENTS

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

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

Section 10. EFFECTIVE DATE; TERM; TERMINATION

A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s Operating Property.
6 B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the City in the event the City does not commence construction on the portion of the Project located on the Railroad’s Operating Property within twelve (12) months from the Effective Date.

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

Section 11. CONDITIONS TO BE MET BEFORE CITY

CAN COMMENCE WORK
Neither the City nor the Contractor may commence any work within the Crossing Area or on the Railroad’s Operating Property until:
(i) The Railroad and City have executed this Agreement. (
ii) The Railroad has provided to the City the Railroad’s written approval of the Plans.
(
iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.
(i
v) Each C ontractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.

Section 12. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and City agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.

Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. City shall not assign this Agreement without the prior written consent of Railroad.
7 B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and City.

The City also confirms and acknowledges that (i) the Railroad shall provide to the City the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the City to perform and complete the ARRA reporting documents. The Railroad confir ms that the City and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement.

Section 15. SIGNAL PREEMPTION
A. City and Railroad, severally and collectively, agree to interc onnect and coordinate the operation of the railroad gr ade crossing protection devices with the operation of the highway traffic c ontrol signals at the Crossing Area, in accordance with the design schematic marked Exhibit E, hereto attached and hereby made a part hereof (the “Designs”).

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

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

D. Each party shall take all suitable precautions to prevent any interference (by induction, leakage of electricity or otherwise) with the operation of the other party’s signals or communications lines, or those of its tenants; and if, at any time, the operation 8 or maintenance of its signals results in any electrostatic effects, the party whose signals are causing the interference shall, at its expense, immediately take such action as may be necessary to eliminate such interference.

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

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

UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)

By:

Printed Name:

Title:

CITY OF JURUPA VALLEY

By:

Printed Name: Rod Butler
Title: City Manager

EXHIBIT A
TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT

Exhibit A will be a print showing the Crossing Area (see Recitals) Ll81ND•
EXISTING CROSSING AREA······· 1>88888
ADDITIONAL CROSSING AREA···· 1>88888
UPRRCO. R/W OUTLINED········ -··-··-··-
CADD 0330338.DGN FILENAME
SCAN 0330338_CAV07001.TIF FILENAME
NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISIONS.

EXHIBIT "A"

UNION PACIFIC RAILROAD COMPANY

PEDLEY, RIVERSIDE COUNTY, CA
M.P. 0.61 - CRESTMORE IND. LO.

LASL CA V-7 / 1
SCALE: 1 11 = 100'

OFFICE OF REAL ESTATE
OMAHA, NEBRASKA DATE: 11/8/2021
RRM FILE: 03303-38

Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
1 EXHI
BIT B
TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad 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 shall not use or perm it use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's Operating Property by or under authority of the City for the purpose of conveying electric power or com munications incidental to the City's use of the Railroad’s Operating Property for highway purposes shall be constructed in accordance with specific ations and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the City to use or occupy any part of the Railroad's Operating Property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.

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

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

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

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

E. 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 Crossing Area, excepting taxes levied upon and against the Crossing Area as a component part of the Railroad's Operating Property. 2 F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the pe
rformance 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 the Railroad.

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

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

D. All construction work of the City shall be performed diligently and completed within a reasonable time. No part of the Project shall be s uspended, discontinued or unduly delayed without the Railroad's written c onsent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent us e 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 damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.

SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the 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 the Railroad or of any other person lawfully occupying or using the Railroad’s Operating
Property, such property shall be replaced or repaired by the City at
3 the City's own expense, or by the Railroad at the expense of the City, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.

SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the City of the contract price within ninety (90) days after it is awar ded. Unless the Railroad's work is to be performed on a fixed price basis, the City shall reimburse the Railroad for the amount of the contract.

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

SECTION 8. SAFETY MEASURES; PROT
ECTION

OF RAI LROAD COMPANY OPERATIONS
It i
s understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the 4 same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the City that the
work will be performed in a safe manner and in conformity with the following standards:

A. Definitions. All references in this Agreement to the City shall also include the
Contractor and their respective officers, agents and employees, and others acting under
its or their authority; and all references in this Agreement to work of the City shall include work both within and outside of the Railroad’s Operating Pr operty.

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

C. Flagging.
(i) If the City's employees need to enter Railroad's Operating Property as provided in Paragraph B above, the City agrees to notify the Railroad Representative at least thirty ( 30) working days in adv ance of proposed performance of any work by City in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any trac k that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (
25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery , tool(s), material(s), vehic le(s), or thing(s) shall be located, operated, placed, or s tored within twenty -five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and infor m City whether a flagman need be present and whether City needs to implement any special protective or safety measures.

If flagging or other special protective or safety measures are per formed by Railroad, Railroad will bill City for such expenses incurred by Railroad. If Railroad performs any flagging, or other spe cial protective or safety m easures are performed by Railroad, City agrees that City is not reliev ed of any of its res ponsibilities or liabilities set forth in this Agreement.
(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-ho ur day for the class of flagmen used during regularly 5 assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemploym ent compensation, s upplemental pension, Employ ees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-h alf times the curr ent hourly rate is paid for overtime, Saturdays and Sundays, and two and one-h alf times current hourly rate for holidays. Wage rates are subjec t to change, at any time, by law or by agreem ent between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, City shall pay on the basis of the new rates and charges.
(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any f lagman i s furnished, unl ess the f lagman ca n be assigned t o other Railroad work during a portion of s uch day, i n which event r eimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of s uch flagman to other work , even though City may not be working during such time. When it becomes necessary for Railroad to bulletin and ass ign an employee to a flagging position in complianc e with union collective bar gaining agreements, City must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of c essation is not given, City will still be required to pay flagging charges for the fiv e ( 5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after s uch fiv e day cessation notice has been given to Railroad.

D. 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 proper ty of the Railroad 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 and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad'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 charge being assessed, imposed or charged against the Railroad, the City shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The City further agrees in the event of any such action, upon 6 notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.

E. No Interference or Delays. The City shall not do, s uffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's Operating Property or facilities.

F. Supervision. The City, at its own expense, shall adequately police and supervise 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 the Railroad may be responsible, or to any facilities or property of the Railroad including Railroad’s Operating Property. The responsibility of the City for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's c ollaboration in performance
of any work, or by the presenc e at the work site of the Railroad's representatives, or by compliance by the City with any r equests or recommendations made by such representatives. If a representative of the Railroad is assigned
to the Project, the City will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's operations, facilities and property of the Railroad including Railroad’s Operating Property.

G. Suspension of Work. If at any time the City's engineers or the Vice President-Engineeri ng Services of the Railroad or their respective representatives 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 i
mmediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.

H. Removal
of Debris. The City shall not cause, suffer or permit material or debris t
o be deposited or cast upon, or to slide or fall upon any operations, property or facilities of the Railroad; and any such material and debris shall be promptly removed from
the Railroad's Operating Property by the City at the City's own expense or by the Railroad at the expense of the City. The City shall not cause, suffer or permit any snow t
o be plowed or cast upon the Railroad's Operating Property during snow removal from t
he Crossing Area.

I. Explosives. The City shall not discharge any explosives on or in the vicinity o
f the Railroad's Operating Property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-E ngineering Services, such discharge would be dangerous or would interfere with the property, operations and facilities of Railroad, including
Railroad's Operating Property. For the purposes hereof, the "vicinity of the Railroad's Operating Property" shall be deemed to be any place on the Railroad's 7 Operating Property or in such close proximity to the Railroad's Operating Property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's Operating P roperty. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate.

J. Excavation. The City shall not excavate from existing slopes nor construct new slopes which are excessive and may create haz ards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The City shall not do or cause to be done any work which will or may disturb the stability of any ar ea or adversely affect the Railroad'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. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.

K. Drainage. The City, at the City's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefr om to flow or collect upon property of the Railroad. The City, at the City's own expense, shall provide adequate passageway for the water s of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the City, be impeded, obstructed, diverted or caused to back up, overflow or damage the operations, facilities and property of the Railroad or any part thereof, including the Railroad’s Operating Property, or property of others. The City shall not obstruct or interfere with existing ditches or drainage facilities.

L. Notice. Before commencing any work, the City shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement.

M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's Operating Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. City shall visit up.com/CBUD to complete and subm it the required form to determine if fiber optic cable is buried anywher e on Railroad's property to be used by the City. If it is, City will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's Operating Property.
8 SECTION 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the City, or by agreement between the par ties, that new or improved train activated warning dev ices should be installed at the Crossing Area, the City shall install adequate temporary warning devices or signs and impose appropriate vehicular contr ol measures to protect the motoring public until the new or impr oved devices have been installed.

SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the property or facilities of Railroad at the Crossing Area, including Railroad's Operating Proper ty.

SECTION 11. BOOKS AND RECORDS
The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be pr ovided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, s hall be open to inspection and audit at Railroad's offices in Omaha, Nebr aska, during normal business hours by the agents and author ized representatives of City for a period of three (3) years following the date of Railroad's last billing sent to City.

SECTION 12. REMEDIES FOR BREACH OR NONUSE
A. If the City shall fail, refus e or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgm ent of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's fac ilities or operations or jeopardize the Railroad's employees; and the City will reimburse the Railroad for the expenses thereof.

B. Nonuse by the City of the Crossing Area for public highway purposes continuing at any time for a period of eighteen ( 18) months shall, at the option of the Railroad, work a termination of this Agr eement and of all rights of the City hereunder.

C. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination.

SECTION 13. MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the City and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. A ny waiver by the Railroad of any default by the City shall not 9 affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the City and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether wr itten or oral, with respect to the work or any part thereof.

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

HIBIT C
TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
Exhibit C (if applicable) will be Railroad's Material and Force Account Estimates.

Material And Force Account Estimate

CITY OF JURUPA VALLEY
Estimate Creation Date: 09/09/2021 Number: 135410 Version: 1 Estimate Good Until 09/09/22
Location: CRESTMORE IND LD, CROS, 6.64-6.67
Buy America: Yes
Description of Work: CITY OF JURUPA VALLEY, CA, PEDLEY ROAD, M.P. 0.61, CRESTMORE INDUSTRIAL LEAD, DOT# 810981E, WO# 61547, PID# 119494, () COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL
Cost
SIGNAL
Xing - Engineering Design 1 LS 6,917.00 6,917 0 6,917
Xing - 1 Trk CWE w/Four Quad
Gates
1 EA 192,474.00 67,200 125,274 192,474
Xing - Sidelight 2 EA 907.00 0 1,814 1,814
Xing - Contract Services for
Preempt Cutover
1 LS 20,000.00 0 20,000 20,000
Xing - Meter Service 1 LS 15,000.00 0 15,000 15,000
Xing - Fill/Rock/Gravel 1 LS 5,000.00 0 5,000 5,000
Xing - Boring 1 LS 10,000.00 0 10,000 10,000
C-MIPP (PROJ MGMNT) Xing - Misc. 1 LS 30,000.00 0 30,000 30,000 FEDERAL184.71% (SIG) Xing - Labor Additive 1 LS 136,901.51 136,902 0 136,902 Sub-Total = 211,019 207,088 418,107
Totals = 211,019 207,088 418,107
Grand Total = $418,107
Disclaimer: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in cost or amount of material or labor required, Agency will pay actual costs at rates effective at the time of construction.
____________________________________________________________________________________________________________________________________ Thursday, September 9, 2021 Page 1 of 1
Material And Force Account Estimate

CITY OF JURUPA VALLEY
Estimate Number: 135448 Version: 1
Standard Rates: Labor Additive = 222.97%
Estimate Good Until 09/15/22
Location: CRESTMORE IND LD, INDL, .59-.63
Description of Work: 810981E Pedley Rd City of Jurupa Valley CA .61 Crestmore Ind Ld Prepared For: Riverside
Buy America: Yes
COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100

ENGINEERING
Engineering 1 LS 45,944.00 45,944 0 45,944 0 45,944
Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Foreign Line Freight - Track Surface RECOLLECT 1 LS 1,845.44 0 1,845 1,845 0 1,845 Sub-Total = 45,944 3,645 49,589 0 49,589

TRACK CONSTRUCTION - COMPANY
Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 0 11,450 RDXING RDXING 136# CON10W PP PAN COMPLETE 128 TF 841.23 59,614 48,064 107,678 0 107,678 TRACK 136# CWRIS0 24-8'6" PPHWD N 16 TP 32 TF 796.36 17,114 8,370 25,484 0 25,484 COMPJT Transition Rail - 136# 2 PR 6,651.04 6,764 6,538 13,302 0 13,302 Sub-Total = 94,942 62,971 157,913 0 157,913

TRACK REMOVAL - COMPANY
RDXING Remove road crossing - prefab 50 TF 152.60 7,630 0 7,630 0 7,630 TRACK Remove Track 110 TF 32.66 3,593 0 3,593 0 3,593
Sub-Total = 11,223 0 11,223 0 11,223

SITE WORK - CONTRACT
Asphalt: Saw Cut 1 LS 2,500.00 0 2,500 2,500 0 2,500
Sub-Total = 0 2,500 2,500 0 2,500

EQUIPMENT RENTAL
Equipment Rental 5 LS 5,000.00 0 25,000 25,000 0 25,000 Sub-Total = 0 25,000 25,000 0 25,000
Total Wgt. in Tons = 589 Totals = 152,109 94,117 246,225 0 246,225 Grand Total = $246,225
Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, Riverside will pay actual construction costs at the current rates effective thereof. __________________________________________________________________________________________________________________________________________________________________________ Wednesday, September 15, 2021 Page 1 of 1
Contractor's Right of Entry Public Projects
Form Approved 06/01/2021
1 EXHIBIT D
TO

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

CONTRACTOR'S

RECITALS:

Contractor has been hired by ___________________________________________________ to perform work relating to __________________________________________________________ (the “ Work”) with all or a portion of such Work to be performed on property of Railroad in the v icinity of Railroad's Milepost __________ on Railroad's ______________________________ [Subdivision or Branc h] [at or near DOT No. _______________ located at or near ____________, in _______________ County, State of ______________, as such location is in the general location shown on the print marked Appendix A, attached hereto and hereby made a part hereof, which Wo rk is the subject of a c ontract dated ___________________ between Railroad and _____________________________________.

Railroad is willing to permit C ontractor to perform t he Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows:

ARTICLE 1 - DEFINITION OF CONTRACTOR.

ARTICLE 2 - RIGHT G RANTED; PURPOSE.

ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN APPENDICES B AND C.

The terms and c onditions contained in Appendix B and Appendix C, attached hereto, are hereby made a part of this agreement.

Contractor's Right of Entry Public Projects
Form Approved 06/01/2021
2 ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE.

A. Cont
ractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement.

B. Cont
ractor shall coordinate all of its Work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"):
___________________________________
___________________________________

___________________________________
___________________________________
C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Appendix B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative.

ARTICLE 5 - SCHEDULE OF WORK ON A M ONTHLY BASIS.

ARTICLE 6 - TERM; T ERMINATION.

B. This agreement may be terminat ed by ei ther party on t en (10) da ys written notice t o the other party.

ARTICLE 7 - CERTIFICATE O F INSURANCE.

A. Before commencing any Work and throughout the entire term o f this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Appendix C of this agr eement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Appendix B of this agreement.

Contractor's Right of Entry Public Projects
Form Approved 06/01/2021
3 C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance carrier evidencing the insurance coverage required under Appendix B.

D. Contractor understands and accepts t hat the terms of this A rticle are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement.

E. Upon request o f R ailroad, insurance co rrespondence, bi nders, pol icies, certificates and endorsements shall be sent to:

U
nion Pacific Railroad Company
1400 Douglas Street, Stop 1690
Omaha, NE 68179
Attn: Manager
Project No. 0781131
ARTICLE 8 - PRECONSTRUCTION MEETING.

ARTICLE 10. ADMINISTRATIVE FEE.

ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.

Contractor's Right of Entry Public Projects
Form Approved 06/01/2021

4 ARTICLE 12.- EXPLOSIVES.

Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY

By: ________________________________

Title: _______________________________

_________________________________
(Name of Contractor)

By: ______________________________

Name: ____________________________

Title: _____________________________

Phone: ____________________________

E-Mail: ____________________________

Appendix A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT
Appendix A will be a print showing the general location of the work site.

Ll81ND•
EXISTING CROSSING AREA······· 1>88888
ADDITIONAL CROSSING AREA···· 1>88888
UPRRCO. R/W OUTLINED········ -··-··-··-
CADD 0330338.DGN FILENAME
SCAN 0330338_CAV07001.TIF FILENAME
NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISIONS.

Appendix "A"

UNION PACIFIC RAILROAD COMPANY

PEDLEY, RIVERSIDE COUNTY, CA
M.P. 0.61 - CRESTMORE IND. LO.

LASL CA V-7 / 1
SCALE: 1 11 = 100'

OFFICE OF REAL ESTATE
OMAHA, NEBRASKA DATE: 11/8/2021
RRM FILE: 03303-38

1 APPENDIX B
TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.

A. Cont
ractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track.

B. No w
ork of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures.

C. Cont
ractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion.

D. If any f
lagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing.

E. If any
flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.

F. The prov
isions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is

Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED

Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.

B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or ent ity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor.