Agenda — Jurupa Valley City Council, November 3, 2022

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REGULAR MEETING AGENDA

OF THE JURUPA VALLEY CITY COUNCIL
Thursday, November 3, 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 spea k 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. INTRODUCTION OF NEW BATTALION CHIEFS

6. PUBLIC APPEARANCE/COMMENTS

7. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS

8. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

A. MAYOR CHRIS BARAJAS

1. UPDATE ON THE WESTER N RIVERSIDE COUNCIL OF
GOVERNMENTS – ADMINISTRATION & FINANCE
COMMITTEE MEETING OF OCTOBER 12, 2022

2. UPDATE ON THE WESTER N COMMUNITY ENERGY J OINT

MEETING OF THE BOARD OF DIRECTORS AND TE CHNICAL
ADVISORY COMMITTEE MEETING OF OCTOBER 12, 2022

B. COUNCIL MEMBER BRIAN BERKSON

1. UPDATE ON THE RIVERSIDE TRANSIT AGENCY BOARD OF
DIRECTORS MEETING OF OCTOBER 27, 2022

2. UPDATE ON THE METROLINK / SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY MEETING OF OCTOBER 28, 2022

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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9. CITY MANAGER’S UPDATE

10. APPROVAL OF MINUTES

A. OCTOBER 20, 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

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

B. ORDINANCE NO. 2022-19

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2022-19, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY APPROVING THE “FIRST AMENDMENT TO THE

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF

JURUPA VALLEY, A MUNICIPAL CORPORATION AND RBE

GLENDORA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,

NJK FAMILY HOLDINGS LLC, A CALIFORNIA LIMITED LIABILITY

COMPANY, AND SGS FAMILY HOLDINGS LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY (PEDLEY ROAD PROJECT),” AND

MAKING FINDINGS PURSUANT TO CEQA AND DETERMINATIONS

THAT NO FURTHER CEQA REVIEW IS REQUIRED

C. ORDINANCE NO. 2022-20

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2022-20, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLE Y, CALIFORNIA, AMENDING TITLE 9 OF THE JURUPA VALLEY MU NICIPAL CODE

PERTAINING TO PARKIN G REQUIREMENTS FOR R ELIGIOUS

INSTITUTION AFFILIAT ED HOUSING DEVELOPME NTS, AND
MAKING A FINDING OF EXEMPTION FROM C EQA UNDER 15061 (B) (3) OF THE CEQA GUIDELINES

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D. CONSIDERATION OF CHECK REGISTER IN THE AMOUNT OF
$3,055,469.67

Requested Action: That the City Council ratify the check registers dated September 29 and October 5, 12 and 19, 2022 a s well as the payroll registers, two dated September 30 and October 14, 2022.

E. BIENNIAL REVIEW OF C ONFLICT OF INTEREST CODE AND

RESOLUTION ADOPTING BY REFERENCE THE STA NDARD

CONFLICT OF INTEREST PROVISIONS OF CALIF ORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730 AND APPROVING AN

AMENDED CONFLICT OF INTEREST CODE

Requested Action: That the City Council approve the amended Appendix to the City’s Conflict of Interest Code and adopt Resolution No. 2022-105, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA A PPROVING AND ADOPTIN G AN AMENDED

APPENDIX TO THE CONF LICT OF INTEREST COD E PURSUANT TO THE POLITICAL REFORM ACT OF 1974

F. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND TRUE

CLEAN SOURCE, LLC FOR JANITORIAL SERVICES AT CITY

FACILITIES

1. Requested Action: That the City Council approve the Agreement by and between the City of Jurupa Valley and True Clean Source, LLC for an amount not to exceed $55,000.00; and

2. Authorize the City Manager to execute the Agreement in su bstantially the form and format attached to the staff report as approved by the City Attorney.

G. SECOND AMENDMENT TO AGREEMENT FOR CONSULTING

SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND KEVIN

RYAN FOR AMERICAN RESCUE PLAN ACT ADMINISTRATIVE

SERVICES AND PROJECT MANAGEMENT

Requested Action: That the City Council approve the Second Amendment to agreement between the City of Jurupa Valley and Kevin Ryan for American Rescue Plan Act (ARPA) administrative consulting and project management services and authorize the City Manager to execute the Second Amendment in substantially the form and format attached to the staff report as approved by the City Attorney.

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H. APPROVAL OF FINAL TRACT MAP 36827 LOCATED WEST OF OPAL STREET 195 FEET NORTH OF 45 TH STREET I NCLUDING

ACCEPTANCE OF OFFERS OF DEDICATION, APPROVAL OF

SUBDIVISION AGREEMENTS, AND ACCEPTANCE OF

IMPROVEMENT BONDS (INVESTMENT CITY, LLC)

1. Requested Action: That the City Council approve Tract Map 36827 and accept the dedications as follows:
a. Accept the real property described as an easement for street and public utility purposes over all of Lot “A” as shown on Tract Map 36827.
b. Release and relinquishment of vehicular access along Golden West Avenue the owners of Lots 3 through 9 inclusive abutt ing this road and during such time will have no rights of access except the general easement of travel as shown on Final Tract Map 36827.

c. Release and relinquishment of vehicular access along Opal Street the owners of Lots 1 and 14 abutting this road and during such time will have no rights of access except the general easement of travel as shown on Final Tract Map 36827.
d. Accept the real property in fee title of Lot 14 for water quality basin as shown on Tract Map 36827.

2. Authorize the Mayor and City Clerk to sign Tract Map 36827; and

3. Approve the Subdivision Improvement Agreements and authorize the Mayor to sign them on behalf of the City.

I. CONSIDERATION OF A P UBLIC HIGHWAY UNDERP ASS

AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND UNION

PACIFIC RAILROAD COMPANY FOR THE CONS TRUCTION OF A

GRADE SEPARATION CROSSING ON JURUPA ROAD

Requested Action: That the City Council approve the Agreement between the City of Jurupa Valley and Union Pacific Railroad Company for the construction of a grade separation cross ing on Jurupa Road 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.

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J. APPROVAL OF AWARD FOR PROFESSIONAL CONSULTING

SERVICES FOR A COMPREHENSIVE CLASSIFICATION AND

COMPENSATION STUDY
Requested Action: That the City Council award the RFP 2023-02 for professional Human Resources Consulting Services to HR Dynamics & Performance Management, Inc., specifically, to conduct the Classifica tion and Compensation Study including but not limited to ensuring compliance with all legal and non - discriminatory requirements i.e. federal, state and local requirements (ADA, FLSA, EEOC, etc.)
K. CITY COUNCIL INITIATION OF A GENERAL PLAN AMENDMENT TO REMOVE THE GENERAL PLAN’S SPECIFIC PLAN OVERLAY FROM

LAND WITHIN THE AGUA MANSA INDUSTRIAL CORRIDOR
SPECIFIC PLAN (SP210)
Requested Action: That the City Council initiate proceedings to consider a General Plan Amendment (GPA) to remove the General Plan’s Specific Plan Overlay from the land within the Agua Mansa Industrial Corridor Specific Plan.

L. APPROVAL OF THE SECOND AMENDMENT TO THE AGREEMENT

FOR SECURITY SERVICES WITH ALL AMERICAN PRIVATE

SECURITY, LLC
Requested Action: That the City Council approve the Second Amendment to the Agreement for Security Services between the City of Jurupa Valley and All American Private Security, LLC and authorize the City Manager to execute the Agreement in substantially the form and format attached to the staff r eport as approved by the City Attorney.

12. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

13. PUBLIC HEARINGS

14. COUNCIL BUSINESS
A. CITY COUN CIL DISCUSSION AND APPROVAL OF 2022 -2023

LEGISLATIVE PLATFORM
Requested Action: That the City Council discuss and approve the Legislative Platform for the calendar year of 2022-2023.

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15. CITY ATTORNEY’S REPORT

16. COUNCIL MEMBER REPORTS AND COMMENTS

17. ADJOURNMENT
Adjourn to the Regular Meeting of November 17, 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 writings 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 hours 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 Members. 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
October 6, 2022

Mayor Chris Barajas was absent.

2. INVOCATION was given by Pastor Alejandro Rios from Iglesia Cristiana Bautista Nueva Esperanza.

3. PLEDGE OF ALLEGIANCE was led by Joe Perez.

4. APPROVAL OF AGENDA
A motion was made by Council Member Guillermo Silva , seconded by Council Member Lorena Barajas Bisbee, to approve the Agenda.

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

Absent: C. Barajas

5. PRESENTATIONS

6. PUBLIC APPEARANCE/COMMENTS
The City Clerk announced that she received an email from Andrew Ramirez regarding complex policies that are not explained fully to the public. He suggested that a pigovian tax be established on developers both industrial and residential to mitigate negative impacts.

Vera Lara voiced a concern that a place of business off Ma rket Street is creating a loud humming noise. She explained that she has discussed this issue with Code Enforcement and the Sheriff’s Department, however, the loud noise is continuing to interfere with her quality of life.

Mayor Pro Tem Leslie Altamira no referred Ms. Lara to Mr. Keith Clarke, the City’s Building Official.

RETURN TO AGENDA

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7. INTRODUCTIONS, ACKNOWLEDGEMENTS, COUNCIL COMMENTS AND

ANNOUNCEMENTS
Council Member Guillermo Silva congratulated Josie Gaytan and Reach Out for the “Dia de los Muertos” event last Saturday, stating that it was a wonderful event and it brought back memories of his childhood.

Mayor Pro Tem Leslie Altamirano thanked the USM Food Pantry for hosting a Community Health Fair on Sunday.

8. CITY COUNCIL MEMBER ORAL/WRITTEN REPORTS REGARDING

REGIONAL BOARDS AND COMMISSIONS

A. COUNCIL MEMBER BRIAN BERKSON

1. Council Member Brian Berkson gave an u pdate on the Riverside County Transportation Commission meeting of October 12, 2022.

2. Council Member Brian Berkson gave an u pdate on the Northwest Transportation Now Coalition meeting of October 13, 2022.

3. Council Member Brian Berkson gave an u pdate on the Metrolink / Southern California Regional Rail Authority – Audit and Finance Committee meeting of October 14, 2022.

4. Council Member Brian Berkson gave an update on the Mobile Source Air Pollution Annual workshop of October 20, 2022

B. COUNCIL MEMBER GUILLERMO SILVA

1. Council Member Guillermo Silva gave an update on the Northwest Mosquito and Vector Control District meeting of October 20, 2022.

9. CITY MANAGER’S UPDATE

City Manager Rod Butler announced the following upcoming events: The Veterans Day Community Parade will be held on Saturday, November 12, 2022. The annual Tree Lighting Ceremony/Open House will take place on Friday, December 2, 2022 at City Hall.

10. SHERIFF’S DEPARTMENT UPDATE

Chief Jason Sexton gave an overview of the City’s Traffic Enforcement program that included statistics for primary collision factors and enforcement results from the Traffic Enforcement Team. Chief Sexton discussed the addition of two additional motor officers, which were approved by the City Council. He noted that due to supply chain delays, the

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delivery of the motorcycles ha s been delayed. Nonetheless, he will continue to assign traffic deputies during the high-incident time periods.

Following the presentation, members of the Council thanked Chief Sexton for his outstanding law enforcement efforts.

11. APPROVAL OF MINUTES

A. OCTOBER 6, 2022 REGULAR MEETING
A motion was made by Council Member Lorena Barajas Bisbee, seconded by Council Member Guillermo Silva, to approve the Minutes of the October 6, 2022 regular meeting.

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

Absent: C. Barajas

12. 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 2022-17

Requested Action: That the City Council conduct a second reading and adopt Ordinance No. 2022-17, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
AMENDING TITLE 9 OF THE JURUPA VALLEY MUNICIPAL CODE TO

CLASSIFY SMALL AND LARGE FAMILY DAY CARE HOMES AS

PERMITTED USES IN ALL RESIDENTIAL ZONES, AND MAKING A
FINDING OF EXEMPTION FROM CEQA UNDER 15061 (B) (3) OF THE

CEQA GUIDELINES

C. REAFFIRM FINDINGS AUTHORIZING CITY COUNCIL TO MEET IN

WHOLE OR IN PART BY TELECONFERENCING UNDER
GOVERNMENT CODE SECTION 54953(e) DURIN G THE COVID -19

STATE AND LOCAL EMERGENCY

Requested Action: That the City Council adopt Resolution No. 2022 -104, entitled:

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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

D. AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND

DISABILITY ACCESS CONSULTANTS, LLC FOR THE CITY ADA SELF-

EVALUATION AND TRANSITION PLAN

Requested Action: That the City Council approve the agreement between the City of Jurupa Valley and Disability Access Consultants, LLC for the Americans with Disabilities Act Self-evaluation and Transition Plan, for an amount not to exceed $153,130.00 and authorize the City Manager to execute the Agreement in substantially the form and for mat attached to the staff report as approved by the City Attorney.

E. CONSIDERATION OF T HE ADOPTION OF THE NEW CALIFORNIA

BUILDING CODES AND THE CALIFORNIA FIRE CODE AND SETTING

THE PUBLIC HEARING FOR ADOPTION OF THESE CODES FOR
NOVEMBER 17, 2022 – REMOVED FROM THE CONSENT CALENDAR

FOR FURTHER DISCUSSION

1. Requested Action: That the City Council set the public hearing on the adoption of the Building Codes Ordinance and Fire Code Ordinance for November 17, 2022 and direct the City Clerk to publish notice of this public hearing and the proposed adoption of these codes in the manner required by law.

2. That the City Council conduct a first reading and introduce Ordinance No. 2022-18, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY,
CALIFORNIA, AMENDING CHAPTER 8.05, ADOPTION OF
CONSTRUCTION CODES, TO TITLE 8 OF THE JURUPA

VALLEY MUNICIPAL CODE AND ADOPTING BY REFERENCE
(1) THE 2022 CALIFORNIA BUILDING CODE, (2) THE 2022
CALIFORNIA HISTORICAL BUILDING CODE, (3) THE 2022
CALIFORNIA EXISTING BUILDING CODE, (4) THE 2022
CALIFORNIA MECHANICAL CODE, (5) THE 2022 CALIFORNIA
PLUMBING CODE, (6) THE 2022 CALIFORNIA ELECTRICAL
CODE, (7) THE 2022 CALIFORNIA ENERGY CODE, (8) THE 2022 CALIFORNIA GREEN BUIL DING STANDARDS CODE, (9) THE

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2022 CALIFORNIA REFERENCE STANDARDS CODE, (10) THE
2022 CALIFORNIA RESIDENTIAL CODE, (11) THE 2021

INTERNATIONAL PROPERTY MAINTENANCE CODE,

TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS
TO SUCH CODES AND AMENDING CHAPTER 8.10, ADOPTION
OF FIRE CODES, TO TITLE 8 OF THE JURUPA VALLEY
MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2019

EDITION OF THE CALIFORNIA FIRE CODE, TOGETHER WITH

CERTAIN AMENDMENTS AND DELETIONS TO SUCH CODE

F. AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF

JURUPA VALLEY AND JURUPA AREA RECREATION AND PARK

DISTRICT TO OPERATE THE EDDIE DEE SMITH SENIOR CENTER

Requested Action: That the City Council approve the First Amendment to the Agreement for Operation of the Eddie Dee Smith Senior Center between the City of Jurupa Valley and Jurupa Area Recreation and Park District 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.

A motion was made by Council Member Lorena Barajas Bisbee, seconded by Council Member Guillermo Silva, to approve the Consent Calendar, with the exception of Item 12.E, which was removed for further discussion.

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

Absent: C. Barajas

13. CONSIDERATION OF ANY ITEMS REMOVED FROM THE CONSENT

CALENDAR

12.E CONSIDERATION OF T HE ADOPTION OF THE NEW CALIFORNIA

BUILDING CODES AND THE CALIFORNIA FIRE CODE AND SETTING

THE PUBLIC HEARING FOR ADOPTION OF THESE CODES FOR
NOVEMBER 17, 2022 – REMOVED FROM THE CONSENT CALENDAR

FOR FURTHER DISCUSSION

Council Member Brian Berkson requested that Item 13.E be removed for further discussion.

Keith Clarke, Building Official, provided additional information and responded to Council’s comments.

A motion was made by Council Member Brian Berkson, seconded by Council Member Lorena Barajas Bisbee, to introduce Ordinance No. 2022-18, entitled:

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AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
AMENDING CHAPTER 8.05, ADOPTION OF CONSTRUCTION CODES,
TO TITLE 8 OF THE JURUPA VALLEY MUNICIPAL CODE AND
ADOPTING BY REFERENCE (1) THE 2022 CALIFORNIA BUILDING
CODE, (2) THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, (3) THE 2022 CALIFORNIA EXISTING BUILDING CODE, (4) THE 2022 CALIFORNIA MECHANICAL CODE, (5) THE 2022 CALIFORNIA
PLUMBING CODE, (6) THE 2022 CALIFORNIA ELECTRICAL CODE, (7) THE 2022 CALIFORNIA ENERGY CODE, (8) THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, (9) THE 2022 CALIFORNIA REFERENCE STANDARDS CODE, (10) THE 2022 CALIFORNIA
RESIDENTIAL CODE, (11) THE 2021 INTERNATIONAL PROPERTY

MAINTENANCE CODE, TOGETHER WITH CERTAIN AMENDMENTS
AND DELETIONS TO SUCH CODES AND AMENDING CHAPTER 8.10,
ADOPTION OF FIRE CODES, TO TITLE 8 OF THE JURUPA VALLEY MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2019

EDITION OF THE CALIFORNIA FIRE CODE, TOGETHER WITH

CERTAIN AMENDMENTS AND DELETIONS TO SUCH CODE

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

Absent: C. Barajas

14. PUBLIC HEARINGS

A. PUBLIC HEARING TO CONSIDER FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 1402 (DA1402A1) TO EXTEND THE

TERM OF THE DEVELOPMENT AGREEMENT FOR THE PEDLEY
CROSSING SHOPPING CENTER TO DECEMBER 7, 2029; LOCATION:

SOUTHEAST OF PEDLEY ROAD AND STATE ROUTE 60 (ASSESSORS
PARCEL NUMBERS: 169 -040-027, 169 -070-028, AND 169 -070-029); (APPLICANT: RBE GLENDORA LLC; NJK FAMILY HOLDINGS LLC;

AND SGS FAMILY HOLDINGS LLC)
Staff Report presented by Annette Tam Chyan, Planning Manager.

Mayor Pro Tem Leslie Altamirano opened the public hearing and called for any public comments.

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

Council Member Brian Berkson questioned why the Amendment would extend the term of the Agreement an additional seven years and whether that aspect was negotiable.

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Ms. Tam Chyan responded that the applicant has indicated that it would take additional time for the grading and to secure tenants.

Douglas Jacobsen (applicant), 21800 Oxnard Street, Suite 500, Woodland Hills, CA, reported that the mass grading will take approximately 3-½ years based on the Environmental Impact Report. The good news is there is tremendous pent up demand and the market is ready. He offered to have his broker provide an overview of the proposed tenants.

Discussion followed regarding the timeline of the proposed development and the proposed anchor tenant.

Brian McDonald, representing CBRE, 4141 Inland Empire Boulevard, Suite 100, Ontario, CA, described the property for the development as “beach front property”, which means there will be a great deal of interest going forward. He described the retail categories for the proposed development.

Further discussion followed.

A motion was made by Council Member Brian Berkson, seconded by Council Member Lorena Barajas Bisbee to provide for a three-year extension of the Development Agreement and if grading is commenced during that period, the Development Agreement would be extended for an additional two years ; and introduce Ordinance No. 2022-19, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING THE “FIRST AMENDMENT TO

THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF

JURUPA VALLEY, A MUNICIPAL CORPORATION AND RBE

GLENDORA LLC, A CALIFORNIA LIMITED LI ABILITY COMPANY,

NJK FAMILY HOLDINGS LLC, A CALIFORNIA LIMITED LIABILITY

COMPANY, AND SGS FAMILY HOLDINGS LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY (PEDLEY ROAD PROJECT),” AND

MAKING FINDINGS PURSUANT TO CEQA AND DETERMINATIONS

THAT NO FURTHER CEQA REVIEW IS REQUIRED

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

Absent: C. Barajas

B. PUBLIC HEARING TO CONSIDER ZONING CODE AMENDMENT NO. 22008 (ZCA22008) TO COMPLY WITH ASSEMBLY BILL 1851

ALLOWING FOR THE DEVELOPMENT OF RELIGIOUS INSTITUTION

AFFILIATED HOUSING DEVELOPMENTS (RIAHDS) AND PARKING

REDUCTIONS

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Staff Report presented by Tamara Campbell, Principal Planner.

Mayor Pro Tem Leslie Altamirano opened the public hearing and called for any public comments.

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

A motion was made by Council Member Guillermo Silva, seconded by Council Member Lorena Barajas Bisbee, to introduce Ordinance No. 2022-20, entitled:

AN ORDINANCE OF THE CITY OF JURUPA VALLEY, CALIFORNIA,
AMENDING TITLE 9 OF THE JURUPA VALLEY MUNICIPAL CODE

PEDRTAINING TO PARKING REQUIREMENTS FOR RELIGIOUS

INSTITUTION AFFILIATED HOUSING DEVELOPMENTS, AND
MAKING A FINDING OF EXEMPTION FROM CEQA UNDER 15061 (B) (3) OF THE CEQA GUIDELINES
Ayes: L. Altamirano, L. Barajas Bisbee, B. Berkson, G. Silva Noes: None

Absent: C. Barajas

15. COUNCIL BUSINESS
A. COUNCIL DIRECTION TO STAFF REGARDING THE DEVELOPMENT OF A $500,000 JURUPA VALLEY LIBRARY INVESTMENT PLAN
Staff Report presented by Amy Sells, Principal Management Analyst.

Further discussion followed.

A motion was made by Council Member Lorena Barajas Bisbee, seconded by Council Member Guillermo Silva , to direct staff to work with the County of Riverside Library System to develop a Jurupa Valley Library Investment Plan utilizing $500,000 in funding from library designated Development Impact Fees (DIF).

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

Absent: C. Barajas

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

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17. COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Guillermo Silva congratulated Sabrina Gonzalez, a former school classmate who was recently named the Executive Director of the Civil Rights Institute.

Council Member Lorena Barajas Bisbee announced that the second “Walk with a Doc” event will be held on Saturday, October 22nd at Horseshoe Lake Park at 9:00 a.m. The event will allow participants to walk with local phys ician, Dr. Veronica Contreras, while learning about health.

Council Member Brian Berkson encouraged everyone to have a fun and safe Halloween.

Mayor Pro Tem Leslie Altamirano announced the following upcoming events: The Rubidoux Oktoberfest will be held October 21 - 30. There will be a “trunk or treat” on October 22 from 5 :00 p.m. to 7:00 p.m. at Opal Car Wash; a free bulky item collection event will be held at Patriot High School on October 22 between 8:00 a.m. and noon. The annual “Spooktacular” will be Saturday, October 29 at Rancho Jurupa Regional Sports Park from 5:00 - 9:00 pm. A community clean-up event will be held this Sunday, October 30 from 7:30 a.m. to 11:30 a.m. Check-in is at Veterans Memorial Park. She encouraged citizens to be sure to vote on November 8, 2022. She stated that she enjoyed the “Dia de los Muertos” event last Saturday and all of the entertainers who provided such memorable performances.

18. ADJOURNMENT
There being no further business before the City Council, Mayor Pro Tem Leslie Altamirano adjourned the meeting at 8:35 p.m.

The next meeting of the Jurupa Valley City Council will be held November 3, 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

AGENDA ITEM NO. 11.B
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12774-0113\2709356v1.doc
ORDINANCE NO. 2022-19

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF JURUPA
VALLEY, CALIFORNIA, APPROVING THE “FIRST AMENDMENT TO

THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF

JURUPA VALLEY , A MUNICIPAL CORPORATION AND RBE

GLENDORA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,

NJK FAMILY HOLDINGS LLC, A CALIFORNIA LIMITED LIABILITY

COMPANY, AND SGS FAMILY HOLDINGS LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY (PEDLEY ROAD PROJECT),” AND

MAKING FINDINGS PURSUANT TO CEQA AND DETERMINATIONS

THAT NO FURTHER CEQA REVIEW IS REQUIRED

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) This Ordinance approves the “FIRST AMENDMENT TO THE

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF JURUPA VALLEY, A

MUNICIPAL CORPORATION AND RBE GLENDORA LLC, A CALIFORNIA LIMITED

LIABILITY COMPANY, NJK FAMILY HOLDINGS LLC, A CALIFORNIA LIMITED

LIABILITY COMPANY, AND SGS FAMILY HOLDINGS LLC, A CALIFO RNIA LIMITED LIABILITY COMPANY (PEDLEY ROAD PROJECT)” (the “First Amendment”). (b) On October 15, 2015, the City Council adopted Resolution No. 2015 -53 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY

CERTIFYING AN ENVIRONMENTAL IMPACT REPORT AND ADOPTING A

STATEMENT OF OVERRIDING CONSIDERATIONS FOR A COMMERCIAL SUBDIVISION OF 30.42 GROSS ACRES LOCATED ON THE SOUTHEAST CORNER OF STATE ROUTE 60 AND PEDLEY ROAD, AND APPROVING GENERAL PLAN AMENDMENT NO. 1203, TENTATIVE PARCEL MAP NO. 36060, VARIANCE NO. 1203, CONDITIONAL USE PERMIT NO. 1202 AND SITE DEVELOPMENT PERMIT NO. 31203 TO PERMIT THE SUBDIVISION OF APPROXIMATELY 30.42 GROSS ACRES LOCATED ON THE SOUTHEAST CORNER OF STATE ROUTE 60 AND PEDLEY ROAD INTO 13 COMMERCIAL PARCELS ” (“Resolutio n No. 2015 -53” or “Project” ). Resolution 2015 -53 contains the Conditions of Approval for th e Project as described in Resolution 2015 -53 and the Development Agreement.
(c) On October 15, 2015, following a duly noticed public hearing, the City Council introduced Ordinance No. 2015-16 and on November 5, 2015, the City Council held the second reading and adopted Ordinance No. 2015-16 entitled: “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF JURUPA VALLEY APPROVING THAT CERTAIN

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF JURUPA VALLEY AND RBE GLENDORA LLC; NJK FAMILY HOLDINGS LLC; AND SGS FAMILY HOLDINGS LLC” (“Development Agreement”).

RETURN TO AGENDA
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12774-0113\2709356v1.doc
(d) The prop erty that is the subject of the Development Agreement is approximately 30.42 acres in size, is generally bounded on the west by the Pedley Road, on the south by the Pedley Road, on the east by Bravo Estates Mobile Home Park, and on the north by State Route 60 and within the City of Jurupa Valley, the County of Riverside, State of California, as described in Exhibit “A” to the Development Agreement (“Property”). (e) The Development Agreement was recorded on July 29, 2016, as Document No. 2016-0320558 in the Official Records of the County of Riverside. (f) On February 1, 2018, City and Developer executed the First Operating Memorandum to the Development Agreement to confirm that the Effective Date of the Development Agreement is December 7, 2015, and to correct the scriveners error in Section 4.A.3 of the Development Agreement.” (“First Operating Memorandum”). (g) On September 14, 2022, the Planning Commission of the City of Jurupa Valley held a duly noticed public hearing to consider a Previous Environmental Document Review Determination and the First Amendment. After hearing and considering public comments, the Planning Commission adopted Resolution No. 2022-09-14-03, entitled “ A RESOLUTION OF

THE PLANNING COMMISSION OF THE CITY OF JURUPA VALLEY RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY (1) APPROVE THE “FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE

CITY OF JURUPA VALLEY, A MUNICIPAL CORPORATION AND RBE GLENDORA LLC,

A CALIFORNIA LIMITED LIABILITY COMPANY, NJK FAMILY HOLDINGS LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY, AND S GS FAMILY HOLDINGS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (PEDLEY ROAD PROJECT) ,” AND (2)

MAKE FINDINGS PURSUANT TO CEQA AND DETERMINATIONS THAT NO FURTHER CEQA REVIEW IS REQUIRED.”
(h) On October 20, 2022, the City Council of the City of Jurupa Valley he ld a duly noticed public hearing to consider approval of the a Previous Environmental Document Review Determination and the First Amendment. The City Council heard and considered all public comments.
(i) The City Council has reviewed the potential impacts of the First Amendment and the variou s potential benefits to the City of the First Amendment and has concluded that the First Amendment is in the best interests of the City. (j) City and RBE Glendora LLC, NJK Family Holdings LLC and SGS Family Holdings LLC (colle ctively, the “Developer”) desire to enter into the First Amendment for purposes of: (i) identifying the terms, conditions and regulations for the development of the Property; and (ii) identifying the Developer’s obligations to make certain Community Benefi t Contribution on the terms and conditions set forth in the Development Agreement. (k) The First Amendment w ill provide for both parties: (1 ) a high quality development on the Property ; (2) certainty in the type of development to b e undertaken on the Property; (3) the assurance of adequate public facilities to ensure the good of the community -3-
12774-0113\2709356v1.doc
regardless of the City’s legal authority to impose such requirements under constitutional or statutory authority; and (d) the development of quality retail development for the City. (l) For the City, the First Amendment serves to provide for: (a) employment growth anticipated to result from the development of the Property, both during construction and use; (b) an increase in tax revenues anticipated to result from the development of the Property; and (c) the achievement of the goals and directives of the City’s General Plan. (m) The City Council has determined that the First Amendment to the Development Agreement and completion of the Project is consistent with the City of Jurupa Valley General Plan, including the goals and objectives thereof and each element thereof, in that the First Amendment and completion of the Project will:
1) Provide necessary services to the nearby community and freeway passerby.
2) The Project will generate new short term and long term quality employment opportunities within the City.
3) New business in the City will serve to attract additional new commercial uses and thus generate additional long term jobs within the City. 4) The Project will expand and enhance the City’s tax base through increased property values and consumer purchasing. The Project will generate new tax revenues that will assist the City in funding public services for the residents and businesses within the City.

New sales tax revenues will be generated for the City at the retail and restaurant uses. Additionally, the City’s portion of the property taxes generated by the construction of the Project will be substantially increased.
5) The Project preserve s and enh ances the job/housing balance described in the City’s General Plan and various regional plans. 6) The Project will promote the stability and diversification of the City’s economy.

Section 2. California Environmental Quality Act Findings . The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project:
(a) Pursuant to CEQA and the City’s local CEQA Guidelines, City staff has considered the potential environmental impacts of th e Project. City staff has also reviewed the Final Environmental Impact Report ( “FEIR”) for the Project certified by th e City Council on October 15, 2015, including the impacts and mitigation measures identified therein, and prepared a Previous Environment al Document Review Determination in accordance with CEQA for the Project. Based on that review, the City of Jurupa Valley Planning Department has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not -4-
12774-0113\2709356v1.doc
involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR. All potential environmental impacts associated with the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. (b) The City Council has independentl y reviewed the Previous Environmental Document Review Determination, and based upon the whole record before it, the Previous Environmental Document Review Determination, and its independent review and judgment, finds that that the Project is not subject to further environmental review pursuant to the Guidelines because:
1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project do es not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR; and 2) All potential environmental impacts associated with the Project are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. (c) The custodian of records for the prior FEIR, Previous Environmental Document Review Determination, and all other materials that constitute the record of proceedings upon which the City Council determination is based, is the Planning Department of the City of Jurupa Valley. Those documents are available for public review in the Planning Department located at 8930 Limonite Avenue, Jurupa Valley, California 92509.

Section 3. Approval of the First Amendment. The City Council of the City of Jurupa Valley hereby approves that certain “FIRST AMENDMENT TO THE

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF JURUPA VALLEY,

PARADISE JURUPA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND

EQUITY THREE PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND RICHMOND AMERICAN HOMES OF MAR YLAND, INC., A MARYLAND CORPORATION (PEDLEY ROAD PROJECT)” and authorizes the Mayor to execute the First Amendment in substantially the form attached hereto as Exhibit “A” to this Ordinance.

Section 4. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this O rdinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

Section 5. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 6. Effective Date . This Ordinance shall take effect on the date provided in Government Code Section 36937.
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12774-0113\2709356v1.doc
PASSED, APPROVED, AND ADOPTED by the City Counc il of the City of Jurupa Valley on this 3rd day of November, 2022.

______________________________
Chris Barajas
Mayor
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

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12774-0113\2709356v1.doc

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022-19 was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 20th day of October, 2022, and thereafter at a regular meeting held on the 3rd day of November, 2022, it was duly passed and adopted by the following vote of the City Council:

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 3rd day of November, 2022. ________________________________
Victoria Wasko, City Clerk
City of Jurupa Valley

A-1
12774-0113\2709356v1.doc
Exhibit A
First Amendment to Development Agreement

10-22-22

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: City Clerk

APNS: Space Above This Line for Recorder’s Use
(Exempt from Recording Fees per Gov’t Code § 6103

FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF JURUPA VALLEY , A MUNICIPAL

CORPORATION AND RBE GLENDORA LLC, A CALIFORNIA LIMITED

LIABILITY COMPANY, NJK FAMILY HOLDINGS LLC, A CALIFORNIA

LIMITED LIABILITY COMPANY, AND SGS FAMILY HOLDINGS LLC,

A CALIFORNIA LIMITED LIABILITY COMPANY (PEDLEY ROAD

PROJECT)
THIS FIRST AMENDMENT (“ First Amendment”) to the Development Agreement by and between the City of Jurupa Valley, a California municipal corporation and general law city existing under the Con stitution of the State of California (“ City”), and RBE Glendora LLC, a California limited liability company, NJK Family Holdings LLC, a California limited liability company, and SGS Family Holdings LLC, a California limited liability company (collectively “Developer”) dated October 6, 2015 and recorded in the Official Records of Riverside County as Document No. 2016-0033470 (the “Development Agreement”) is made and entered into by and between City and Developer. In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, City and Developer agree as follows:

RECITALS
This First Amendment is made with respect to the following facts and fo r the following purposes, each of which are acknowledged as true and correct by the Parties:

A. All capitalized terms used but not defined herein shall have the meanings ascribed such terms in the Development Agreement.

B. On October 15, 2015, following a duly noticed public hearing, the City Council introduced Ordinance No. 2015 -16 and on November 5, 2015, the City Council held the second reading and adopted Ordinance No. 2015-16 approving the Development Agreement. 10-22-22

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C. Section 3.A of the Development Agreement establishes an initial term of seven (7) years that commenced on the Effective Date, as set forth in Section 3.B of the Development Agreement.

D. Section 3.B of the Development Agreement provides that the Development Agreement “shall be effective, and the obligations of the parties hereunder shall be effective on the date that Ordinance No. 2015-16 approving [the Development Agreement] becomes effective.” Section 3.B also required City and Developer to “approve an Operating Memorandum pursuant to Section 3.E.4. confirming the Effective Date” of the Development Agreement.

E. On February 1, 2018, City and Developer executed the First Operating Memorandum to the Development Agreement (“First OM”) to confirm that the Effective Date of the Development Agreement is December 7, 2015 , and to correct the scriveners error in Section

4.A.3 of the Development Agreement.

F. Pursuant to Section 3.E.4. of the Development Agreement, the First OM became part of the Development Agreement and is required to be attached to the Development Agreement as an addendum.

G. The Development Agreement is currently valid through December 7, 2022.

H. The property that is the subject of the Development Agreement is approximately

30.42 acres in size, is generally bounded on the west by Pedley Road, on the east by Bravo Estates Mobile Home Park, and on the north by the State Route 60. The property is ref erred to as Assessor’s Parcel Nos. 169 -070-028, 169-070-029, 169-004-027, and is described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full (“Property”).

I. Due to economic constraints caused by the rise of e-commerce and its displacement of brick -and-mortar retail, and the stay -at-home orders issued in response to the COVID -19 outbreaks, development of the Property was not economically feasible.

J. Developer and City now believe that existing market conditions m ake the development of the Property economically feasi ble and wish to extend the term of the Development Agreement.

K. The Parties now desire to amend the Development Agreement pursuant to Section 3.E. thereof as set forth herein, including adding to the Development Agreement, for ease of reference, the First OM revision to Section 4.A.3 of the Development Agreement.

AGREEMENT
NOW, THEREFORE, with reference to the foregoing Recitals, and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Parties agree as follows:

1. Amendments to Development Agreement . On October 20, 2022 , the Parties hereby agree to the following amendments to the Development Agreement:
10-22-22

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a. Section 3.A of the Development Agreement is hereby amended to extend the Term of the Development Agreement from December 7, 2022 to December 7, 2025; provided, however, that when the Developer commences Mass Grading Activities on the Property pursuant to the Development Agreement, including, without limitation, Section 5 of the Development Agreement, the Term shall automatically be extended, without further action of the Parties, for an additional two (2) years to December 7, 2027 . The date of commencement of Mass Grading Activities shall be confirmed by the Parties in an Operating Memorandum. b. As set forth in Section 3 of the First OM and restated herein, due to a scrivener’s error, Section 4.A.3 of the Development Agreement is her eby deleted in its entirety and replaced with the following:
“Subsequent Development Approvals. City shall accept for processing, review and action all applications for Subsequent Development Approvals, and City staff shall use their reasonable efforts to process such applications in an expeditious manner, taking into account the City’s staffing levels, and all requisite development fees shall be calculated and paid at such time as payment for such fees in due and payable, for all or a portion of the Prope rty. City further agrees that, unless otherwise requested by Developer, it shall not, without good cause, amend or rescind any Subsequent Development Approvals respecting the Property after City has granted the same. Modifications to the Development Appro vals shall be processed by the City Planning Director in accordance with Section 9.240.440, Applications for Modifications to Approved Permits, or Section 9.240.260, Fast Track Project Procedures, of the Jurupa Valley Municipal Code, as applicable.” c. Section 6.A.1 of the Development Agreement is deleted in its entirety and replaced with the following new Section 6.A.1:
“Developer agrees to pay the Development Impact Fees, as defined in Chapter 3.75 of the Jurupa Valley Municipal Code (Ordinance No. 2021 -02, as amended by Ordinance No. 2022-08) (“DIF”). Resolution No. 2021-02 established the DIF rate schedule. Based on Resolution No. 2021-02, the DIF rate schedule for the Project is set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full. The DIF and the DIF rate schedule set forth in this First Amendment shall be the sole DIF and DIF rate schedule imposed upon parcels within the Property for the Term of the Development Agreement. The definition of “DIF Rates” in Section 2.J. of the Development Agreement is hereby deleted.”

2. Miscellaneous
a. Full Force and Effect . This First Amendment, together with the Development Agreement and the First OM , constitute s the entire agreement between City and Developer regarding the matters set forth herein or therein, and supersedes any and all prior and/or contemporaneous oral or written negotiations, agreements or understandings. Except as otherwise specifically provided herein, the Development Agreement shall remai n unmodified and shall continue in full force and effect.
10-22-22

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b. Counterparts; Execution by Facsimile . This First Amendment may be signed by the Parties in two or more counterparts which, when taken together, shall constitute one and the same instrument. This First Amendment may also be delivered by e -mail or facsimile transmission with the same force and effect as if the originally executed copies of this First Amendment were delivered to all Parties.
c. Exhibits. The following Exhibits are attached to this Agre ement and incorporated herein as though set forth in full:
1) Exhibit A: LEGAL DESCRIPTION OF PROPERTY.
2) Exhibit B: CITY DEVELOPMENT IMPACT FEES
APPLICABLE TO THE PROJECT.
[signatures on following page]
10-22-22

-5-

IN WITNESS WHEREOF, Developer and City have executed t his First Amendment as of the date first written above.

“CITY”

CITY OF JURUPA VALLEY,
a California municipal corporation
___________________________________
Chris Barajas, Mayor
“DEVELOPER”

RBE GLENDORA LLC,
a California limited liability company
By: __________________________
Name: __________________________
Its: __________________________

ATTEST:

_________________________________
Victoria Wasko, CMC, City Clerk

NJK FAMILY HOLDINGS LLC,
a California limited liability company
By: __________________________
Name: __________________________
Its: __________________________

APPROVED AS TO FORM:

RICHARDS WATSON & GERSHON

_________________________________
Peter M. Thorson, City Attorney

SGS FAMILY HOLDINGS LLC,
a California limited liability company
By: __________________________
Name: __________________________
Its: __________________________
10-22-22

EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF JURUPA

VALLEY, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL A:

PARCEL 2 OF PARCEL MAP 22586, IN THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 153. PAGES 7 THROUGH 10, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL B:

PARCEL 3 OF PARCEL MAP 22586, IN THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 153, PAGES 7 THROUGH 10, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL C:

PARCEL 4 OF PARCEL MAP 22586, IN THE CITY OF JURUPA VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 153, PAGES 7 THROUGH 10, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 169-040-027, 169-070-028 & 029
10-22-22

EXHIBIT B

CITY DEVELOPMENT IMPACT FEES APPLICABLE TO THE PROJECT

Development
Impact Fee
Retail/Service/Office Uses
Per Square Foot
General Government Facilities $0.022
Fire Protection Facilities $0.134
Circulation System Facilities $5.061
Park Facilities Improvement -
Library Collection and Computers -
Total DIF $5.217

AGENDA ITEM NO. 11.C
ORDINANCE NO. 2022-20

AN ORDINANCE OF THE CITY OF JURUPA VALLEY ,
CALIFORNIA, AMENDING TITLE 9 OF THE JURUPA

VALLEY MUNICIPAL CODE P ERTAINING TO PARKING

REQUIREMENTS FOR RELIGIOUS INSTITUTION

AFFILIATED HOUSING DEVELOPMENTS, AND MAKING

A FINDING OF EXEMPTION FROM CEQA UNDER
SECTIONS 15061(B)(3) OF THE CEQA GUIDELINES

THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. Procedural Findings. The City Council of the City of Jurupa Valley does hereby find, determine and declare that:
(a) At the August 18, 2022 regular City Council meeting, the City Council initiated an amendment to the Planning and Zoning Code to make amendments to the code consistent with State law, including revisions to the family day care provisions of the Code (“Ordinance”). (b) On September 28, 2022, the Planning Commission of the City of Jurupa Valley held a public hearing on the Ordinance, at which time all persons interested in the Ordinance had the opportunity and did address the Planning Commission on these matters. Following the receipt of public testimony, the Planning Commission closed the public hearing. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2022-09-28-22 recommending that the City Council approve the Ordinance.
(c) On October 20, 2022, the City Council of the City of Jurupa Valley held a duly noticed public hearing on the Ordinance, at which time all persons interested in the Ordinance had the opportunity and did address the City Council on these matters. Following the receipt of public testimony the City Council closed the public hearing and duly considered the written and oral testimony received.
(d) All legal preconditions to the adoption of this Ordinance have occurred.

Section 2. The Ordinance conforms with the goals, policies, programs and guidelines of elements of the General Plan in that the General Plan is implemented through zoning regulations, adopted standards and other City laws. As required by State law, zoning regulations and related land use policies must be consistent with the General Plan. This ordinance will ensure compliance with State law (Assembly Bill 1851 and 2244).

Section 3. A new Section 9.10. 1112 (Religious institution affiliated housing developments.) is added to Chapter 9.10 (Definitions) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code to read as follows:
“Sec. 9.10.1112 - Religious institution affiliated housing developments.

RETURN TO AGENDA

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A housing development project (as defined by Government Code section 65589.5(h)(2) that meets all of the following criteria:
(A) The housing development project is located on one or more contiguous parcels that are each owned entirely, whether directly or through a wholly owned company or corporati on, by a religious institution.
(B) The housing development project qualifies as being near collocated religious-use parking spaces by being any of the following:
(i) Located on one or more parcels that collectively contain religious-use parking spaces. (ii) Located adjacent to a parcel owned by the religious institution that contains religious- use parking spaces.
(iii) Located on one or more parcels separated by no more than 0.1 m iles from a parcel owned by the religious institution that contains religious-use parking spaces. (C) The housing development project qualifies for a density bonus under Section 65915.” Section 4. A new Section 9.10.1113 ( Religious-use parking spaces.) i s added to Chapter 9.10 (Definitions) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code to read as follows:
“Sec. 9.10.1113 - Religious-use parking spaces.

Existing parking spaces that are required under the City’s parking requirements for places of worship.

Section 5. Subsection B(1) of Section 9. 240.120 (Off-street vehicle parking. ) of Chapter 9. 240 (General Provisions ) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code is hereby amended to read as follows with additions shown in underlined text , with all other provisions of Section 9.240.120 remaining unchanged:
“B. Off-street vehicle parking shall be provided in accordance with this section when the associated building or structure is constructed or the use is established. Additional off -street parking shall be provided in accordance with this section when an existin g building is altered or dwelling units, apartments or guest rooms are added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use. (1) Parking design standards.
(a) Approval of off-street parking plan. A site development permit, pursuant to the provisions of Section 9.240.330, shall be filed for approval of all off -street parking facilities, except for one (1) and two (2) family residences, unless the off -street parking facilities are approved as a p art of a site development permit, conditional use permit or public use permit approval.

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(b) Number of required parking spaces.
(i) In the case of mixed land uses, the total number of parking spaces shall be the sum of the requirements for the vario us uses computed separately unless shared parking is approved as provided in this chapter.
(ii) The following tables are designed to allow calculation of parking spaces required for the uses shown, with any fractions rounded up to the nearest whole number:

Industrial Uses Per Square Foot or Unit Per Employee or Student
Other
Criteria
For
Vehicle
Stacking
Industrial uses
If number of workers
cannot be determined: 1
space/250 sq. ft. of office
area, plus 1 space/500 sq.
ft. of fabrication area, plus
1 space/1,000 sq. ft. of
storage area, and 1
space/500 sq. ft. of floor
plan which is
uncommitted to any type
of use
If number of
workers can be
determined: 1
space/2 employees
of largest shift, and
1 space/vehicle kept
in connection with
the use

Manufacturing or
repair plants
maintaining more than
one shift of workers

2 spaces/3
employees on each
of the two largest
shifts
1 space/company
operated vehicle

Salvage and junk
yards, including, but
not limited to,
automobile
dismantling, auto
wrecking yards,
storage yards, scrap
metal processing and
similar uses
1 space/5,000 sq. ft. of lot
area

Warehouses and
wholesaling
1 space/2,000 sq. ft. of
gross floor area

NOTES: The columns, working left to right, are generally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

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Residential Uses

(parking must be located on-site
conveniently distributed throughout the
project. For multiple family residences,
condominiums, planned residential
developments and senior citizen planned
residential developments, at least one of the
required parking spaces per unit shall be
located in a garage or carport which is
architecturally harmonious with the main
structure. All parking spaces shall be
located within 200 feet of the building they
serve unless otherwise specified.)
Per Square Foot or
Unit
Per Employee
or Student
Other
Criteria
Single-family 2 spaces/dwelling
unit

Multiple family
Single bedroom or studio dwelling unit 1.25 spaces/unit Two bedrooms/dwelling unit 2.25 spaces/unit
Three or more bedrooms/dwelling unit 2.75 spaces/unit 1 space/employee

Planned residential development
Single bedroom dwelling unit 1.5 spaces/unit
Two or more bedroom dwelling unit 2.5 spaces/unit
Senior citizen (Parking spaces shall be
located no more than 150 feet from the unit
they serve)
Refer to single-
family and multiple
family residential
requirements stated
above.

Mobilehome parks
2 spaces/travel
trailer or
mobilehome space-
spaces may be
tandem

1 guest
space/8
mobilehome
spaces
NOTES: The columns, working left to right, are gen erally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

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Lodging Uses
(All parking must be within 150 feet
of the use served)
Per Square Foot or
Unit
Per Employee
or Student Other Criteria
Boarding houses, lodging or rooming
houses, dormitories, fraternity and
sorority houses
1 space/2 beds
Hotels and motels 1 space/room, and 2
spaces/resident manager
Recreational vehicle parks 1 space/recreation
vehicle site
1 visitor space/5
recreational vehicle sites
Medical Uses
Home for the aged, sanitariums,
convalescent homes, children's
homes, asylums, and nursing homes
or similar institutions
1 space/3
employees
1 space/3 beds, and 1
space/vehicle owned
and operated by the
institution
Hospitals and clinics (A hospital may
have a parking area more than 150
feet from the building to be served as
long as an automatic parking gate or
similar method of vehicular control is
installed)

1 space/staff
member of
largest shift
1 space/2 patient's beds,
and 1 space/vehicle
owned and operated by
hospital or clinic
Medical and dental offices, clinics,
and medical business offices
1 space/200 sq. ft.
of net leasable floor
area

Veterinary hospitals and clinics 1 space/300 sq. ft.
of gross floor area

NOTES: The columns, working left to right, are generally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

Civic/Religious/Institutions Per Square Foot
or Unit
Per Employee
or Student
Other Criteria
Auditoriums with fixed seats: 1 space/3 seats
Auditoriums without fixed seats
1 space/30 sq. ft.
of net assembly
area in the
assembly hall

Cemeteries and crematories,
mausoleums, columbariums and
funeral establishments when
incidental to a cemetery
1 space/30 sq. ft.
of net assembly
room area
1 space/employee
1 space/vehicle
operated on the
grounds by the
proprietary institution

-6-
Civic/Religious/Institutions Per Square Foot
or Unit
Per Employee
or Student
Other Criteria
Churches, chapels and other places
of worship
1 space/35 sq. ft.
of net assembly
area used
simultaneously for
assembly purposes

When a school bus is
kept, there can be a
reduction of 2
spaces/bus
Libraries, museums, art galleries or
similar uses
1 space/300 sq. ft.
of gross floor area
1 space/2
employees

Mortuary and funeral homes
1 space/35 sq. ft.
of net assembly
area
1 space/employee

Religious institutional affiliated
housing developments
The parking
standards set forth
in “residential
uses” apply

A reduction in
religious use parking
spaces or reduction in
replacement of
religious use parking
shall be allowed in
compliance with
Government Code
section 65913.6
Public Utilities/Telecommunications
Public utility facilities, including, but
not limited to, electric, gas,
telephone, and telecommunication
facilities not having business offices
on the premises
1 space/2
employees
1 space/vehicle kept in
connection with the
use
NOTES: The columns, working left to right, are generally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

Educational

Institutions
Per Square Foot Or
Unit
Per Employee or
Student
Other Criteria For Vehicle Stacking
Day care
centers,
including
nurseries and
pre-schools
1 space/500 sq. ft. of
gross floor area

When a school
bus is kept,
there can be a
reduction of 2
spaces/bus

Elementary and
intermediate
Whichever is greater:
1 space/classroom, or
1 space/3 seats in the

When a school
bus is kept,
there can be a
Loading/unloading
space for at least 2
school buses

-7-
Educational

Institutions
Per Square Foot Or
Unit
Per Employee or
Student
Other Criteria For Vehicle Stacking
auditorium or multi-
purpose room.
reduction of 2
spaces/bus
High schools
1 space/employee,
plus 1 space/faculty
member, and 1
space/8 students
When a school
bus is kept,
there can be a
reduction of 2
spaces/bus
Loading/unloading
space for at least 2
school buses
Colleges and
universities
Whichever is greater:
1 space/30 sq. ft. of net
assembly area of main
auditorium or stadium
1 space/employee,
plus 1 space/faculty
member, and 1
space/2 students

Trade schools,
business
colleges and
commercial
schools

1 space/employee,
plus 1 space/2
students

Private schools
1 space/employee,
plus 1 space/2
students

Loading / unloading
space for at least 10
cars
NOTES: The columns, working left to right, are generally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

All vehicle storage (stacking) spaces shall be located off -street. A driveway for stacking leading to a drive-up window shall be designed so as not to interfere with the free or orderly circulation of the parking area.”
Section 6. A new Section 9.235.060 is hereby added to Chapter 9.235 SP Zone (Specific Plan) of Title 9 (Planning and Zoning) of the Jurupa Valley Municipal Code to read as follows:
“Sec. 9.235.060. - Religious institution affiliated housing developments.

A. For religious institution affiliated housing developments, off-street vehicle parking shall be provided in accordance with the requirements of the underlying specific plan.

Notwithstanding the foregoing, a reduction in religious use parking spaces or reduction in replacement of religious use parking shall be allowed in compliance with Government Code section 65913.6.”
Section 7. California Environmental Quality Act Findings . The proposed Code Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines pursuant to CEQ A Guidelines Section 15061(b)(3) The proposed Code Amendment revises the Municipal Code to be consistent with

-8-
State law requirements. The proposed Code Amendment does not allow additional uses that were not previously permitted but rather revises parking requirements for religious institution affiliated housing developments as required by State law. The proposed zoning code amendment is an administrative process of the City that will not result in direct or indi rect physical changes in the environment. The City Council has reviewed the administrative record concerning the proposed Code Amendment and the proposed CEQA determinations, and based on its own independent judgment, finds that the Code Amendment set fort h in this Ordinance is not subject to the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

Section 8. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it wou ld have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

Section 8. Effect of Ordinance . This Ordinance is int ended to supersede any ordinance or resolution of the County of Riverside adopted by reference by the City of Jurupa Valley in conflict with the terms of this Ordinance.

Section 9. Certification. The City Clerk of the City of Jurupa Valley shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

Section 10. Effective Date. This Ordinance shall take effect on the date provided in Government Code Section 36937.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Jurupa Valley on this 3rd day of November, 2022.

______________________________
Chris Barajas
Mayor
ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

-9-

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Ordinance No. 2022-20 was duly introduced at a meeting of the City Council of the City of Jurupa Valley on the 20th day of October, 2022, and thereafter at a regular meeting held on the 3rd day of November, 2022, it was duly passed and adopted by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page | 1
120

STAFF REPORT
DATE: NOVEMBER 3, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: CONNIE CARDENAS, ADMINISTRATIVE SERVICES DIRECTOR
SUBJ
ECT: AGENDA ITEM NO. 11.D
CHE

CK REGISTERS
RECO

MMENDATION
That
the City Council ratify the check registers dated September 29 and October 05, 12 and 19, 2022 as well as the payroll register s, two dated September 30 and October 14, 2022.

The C
ity Council of the City of Jurupa Valley authorizes expenditures through the annual budget process. The FY 2022- 23 Budget was adopted on June 1 6, 2022. Expenditures not included in the annual budget process are approved by resolution throughout the fiscal year.

ANAL
YSIS
A
ll 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 check register dated October 19, 2022 includes a $25,766.87 payment to Chase Card Services. The Statement, with purchase details, is attached herewith.

HER INFORMATION
N
one.

INANCIAL IMPACT
C
heck registers:
09/
29/22 $ 1,695,166.08
10/05/22 $ 86,507.09
10/12/22 $ 276,136.44
10/19/22 $ 409,952.74

RETURN TO AGENDA

Page | 1
120

STAFF REPORT
DAT
E: NOVEMBER 3, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: VICTORIA WASKO, CMC, CITY CLERK
SUBJ
ECT: AGENDA ITEM NO. 11.E
BI

ENNIAL REVIEW OF CONFLICT OF INTEREST CODE AND A

RESOLUTION ADOPTING BY REFERENCE THE STANDARD

CONFLICT OF INTEREST PROVISIONS OF CALIFORNIA CODE OF
REGULATIONS TITLE 2, SECTION 18730 AND APPROVING AN

AMENDED CONFLICT OF INTEREST CODE
RECO

MMENDATION
1) That
the City Council approve the amended A ppendix to the City’s Conflict of Interest Code and adopt Resolution No. 2022-105, entitled:

A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA VALLEY,

CALIFORNIA, APPROVING AND ADOPTING AN AMENDED APPENDIX TO

THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
BAC
KGROUND:

The P
olitical Reform Act of 1974, Government Code Section 81000, et seq. and specifically Government Code Section 87300, requires the City to adopt a Conflict of Interest Code. The Code designates City officials, officers, employees, members, and consultants who make or participate in making governmental decisions, which may affect their financial interests, who must disclose those interest s in certain financial disclosure statements, and who must disqualify themselves from making or participating in the making of governmental decisions affecting those interests.

ANALYSIS:

The Political Reform Act requires every local agency to review its Conflict of Interest Code each even -numbered year, and, if a change in its code is necessitated by changed circumstances, to submit an amended Conflict of Interest Code to the code reviewing body.

RETURN TO AGENDA

Page | 3

ATTACHMENTS:

1. Notice of Proposed Amendment

2. Amended Appendix to the City’s Conflict of Interest Code (Redline Version)

3. Proposed Resolution No. 2022-105

CITY OF JURUPA VALLEY

NOTICE OF INTENTION TO AMEND THE CITY’S

CONFLICT OF INTEREST CODE

NOTICE IS HEREBY GIVEN that the City of Jurupa Valley intends to amend its conflict of interest code pursuant to Government Code Sections 87300 and 87306.

Pursuant to Government Code Section 87302, the code will designate employees who must disclose certain investments, income, interests in re al property and business positions, and who must disqualify themselves from making or participating in the making of governmental decisions affecting those interests. A full copy of the proposed amended conflict of interest code is available in the Office of the City Clerk for review and inspection.

NOTICE IS FURTHER GIVEN that the City of Jurupa Valley has established a written comment period for interested persons to submit comments pertaining to the proposed amended conflict of interest code. Comments must be submitted in writing to the Office of the City Clerk no later than October 24, 2022, at 5:00 p.m. to be considered by the City Council when it takes action on the proposed amended conflict of interest code. The City Council is scheduled to take action on the proposed conflict of interest code on November 3, 2022, at 7:00 p.m. Inquiries concerning t he proposed amended conflict of interest code may be directed to the Office of the City Clerk.

Copies of the proposed code and all of the information upon which it is based may be obtained from the Office of the City Clerk, 8930 Limonite Avenue, Jurupa Valley, CA 92509; (951) 332-6464.

Posted: October 14, 2022

EXHIBIT A

AMENDED APPENDIX TO CONFLICT OF INTEREST CODE

A-4

DESIGNATED POSITIONS DISCLOSURE CATEGORIES

City Council, Planning Commission, City
Manager and City Attorney

City Council Members 1
Planning Commission Members 1
City Manager 1
City Attorney 1
City Treasurer 1
Assistant City Attorney 2, 3, 4, 5, 6, 7
Assistant City Manager 2, 3, 4, 5, 6, 7
Assistant to the City Manager/PIO 2, 3, 4, 5, 6, 7
Deputy City Manager 2, 3, 4, 5, 6, 7
Economic Development Manager 2, 3, 4, 5, 6, 7
Emergency Services Coordinator 2, 3, 4, 5, 6, 7
Management Analyst 2, 3, 4, 5, 6, 7

Administrative Services

Accountant 2, 3, 4, 5, 6, 7
Deputy Director of Administrative Services 2, 3, 4, 5, 6, 7 Director of Administrative Services 2, 3, 4, 5, 6, 7
Human Resources/Risk & Safety Manager 2, 3, 4, 5, 6, 7 Principal Accountant 2, 3, 4, 5, 6, 7
Purchasing Buyer 2, 3, 4, 5, 6, 7

Building/Code Enforcement

Assistant Building Official 2, 3, 4, 5, 6, 7
Building/Code Manager 2, 3, 4, 5, 6, 7
Building Inspection Supervisor 2, 3, 4, 5, 6, 7
Building Inspector 2, 3, 4, 5, 6, 7
Chief Building Official 2, 3, 4, 5, 6, 7
Code Enforcement Officer 2, 3, 4, 5, 6, 7
Code Enforcement Supervisor 2, 3, 4, 5, 6, 7
Deputy Building Official 2, 3, 4, 5, 6, 7
Park Ranger 2, 3, 4, 5, 6, 7

City Clerk’s Department

City Clerk 2, 3, 4, 5, 6, 7
Deputy City Clerk 2, 3, 4, 5, 6, 7

CITY OF JURUPA VALLEY

AMENDED APPENDIX TO CONFLICT OF INTEREST CODE

A-5

Development Services

Administrative Services Coordinator 2, 3, 4, 5, 6, 7
Associate Planner 2, 3, 4, 5, 6, 7
Deputy Director of Community Development 2, 3, 4, 5, 6, 7 Director of Community Development 2, 3, 4, 5, 6, 7
Development Services Manager 2, 3, 4, 5, 6, 7
Principal Planner
Planning Manager
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
Senior Planner 2, 3, 4, 5, 6, 7

Public Works

Assistant City Engineer 2, 3, 4, 5, 6, 7
CIP Manager 2, 3, 4, 5, 6, 7
Director of Public Works/City Engineer 2, 3, 4, 5, 6, 7 Environmental Programs Inspector 2, 3, 4, 5, 6, 7
Environmental Program Manager
Plans Examiner
Public Works Inspector
Public Works Operations Manager
Public Works Manager
Senior Project Manager
Street Superintendent
Traffic Engineer
Traffic Management Analyst

Consultants
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7

2, 3, 4, 5, 6, 7, 8

If a person is employed in more than one designated position, he or she shall file a Statement of Economic Disclosure (Form 700) and shall state the positions that he or she is employed in.

-1-

RESOLUTION NO. 2022-105

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JURUPA

VALLEY, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED

APPENDIX TO THE CONFLICT OF INTEREST CODE PURSUANT TO
THE POLITICAL REFORM ACT OF 1974

WHEREAS, the Legislature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Jurupa Valley (the “City”) and requires all public agencies to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the “Code”) on July 11, 2011, in compliance with the Act; and
WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and
WHEREAS, not ice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Appendix was provided each affected designated employee and publicly posted for review at the office of the City Clerk; and WHEREAS, a public meeting was held upon the proposed amended Appendix at a regular meeting of the City Council on November 3, 2022, at which all present were given an opportunity to be heard on the proposed amended Appendix.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Jurupa Valley hereby determines, resolves, finds, and orders as follows:

Section 1. The City Council does hereby adopt the proposed amended Appendix attached hereto as Exhibit A to this Resolution.

Section 2. The ame nded Appendix shall be on file with the City Clerk, together with the City’s Conflict of Interest code, and be available to the public for inspection and copying.

Section 3. The amended Appendix to the City’s Conflict of Interest code shall become effective 30 days after the date of its adoption and approval.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Jurupa Valley on this 3rd day of November, 2022.
-2-

______________________________
Chris Barajas
Mayor

ATTEST:

______________________________
Victoria Wasko, CMC
City Clerk

-3-

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF JURUPA VALLEY )

I, Victoria Wasko, City Clerk of the City of Jurupa Valley, do hereby certify that the foregoing Resolution No. 2022-105 was duly passed and adopted at a meeting of the City Council of the City of Jurupa Valley on the 3rd day of November, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

A-1

Exhibit “A” To Resolution No. 2022-105

CONFLICT OF INTEREST CODE FOR

THE CITY OF JURUPA VALLEY
The Political Reform Act (Government Code Section 81000 et seq. and specifically Section 87300) requires cities to adopt and promulgate c onflict of interest codes. The Fair Political Practices Commission (“FPPC”) has adopted a regulation (2 Cal. Code of Regulations 18730) which contains the terms of a standard conflict of interest code. A City may incorporate the standard conflict of interest code reference into a city’s conflict of interest code. Any amendments to the FPPC Regulations or the Political Reform Act, following public notice and hearings would thus be incorporated into the city conflict of interest code automatically.

The Conflict of Interest Code for the City of Jurupa Valley is hereby established. The terms of Section 18730 of the FPPC Regulations (2 Cal. Code of Regulations 18730) and any amendments to it duly adopted by the FPPC are hereby incorporated into the City of Jurupa Valley Conflict of Interest Code by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories shall constitute the Conflict of Interest Code for the City of Jurupa Valley.

Designated employees shall file statements of economic interests with the City Clerk. The City of Jurupa Valley shall make all statements available for public inspection and reproduction, pursuant to Government Code Section 81008.

A-2

CITY OF JURUPA VALLEY
APPENDIX 1 TO CONFLICT OF INTEREST CODE

DISCLOSURE CATEGORIES

1. Disclosure is already required by Government Code Section 87200. No additional disclosure is required by this Code.

2. Reportable interests in real property in the jurisdiction. (Form 700, Schedule B.)

3. Reportable income and business positions. (Form 700, Schedule C).

4. Reportable investments. (Form 700, Schedules A-1 and A-2).

5. Reportable gifts and travel gifts. (Form 700, Schedules D and E).

6. Reportable income and business positions from persons or business entities having an interest in real property in the jurisdiction. (Form 700, Schedule C)

7. Reportable investments in business entities having an interest in real property in the jurisdiction. (Form 700, Schedules A-1 and A-2).

8. Reportable income and business positions from persons or business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the City. (Form 700, Schedule C).

9. Reportable investments in business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, services, supplies, materials or equipment of the type utilized by the City. (Form 700, Schedules A-1 and A-2).

10. Consultants who fit into one or more of the following categories shall be included in the list of designated employees as “Designated Consultants”:

A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or simi lar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof.

B. Consultants who serve in a staff capacity with the City, and in that capacity , participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review.

A-3

C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict of Interest Code.

When the Designated Consultant is a corporation, partnership, or limited liability company; only individuals who fit into one of the three categories of “Designated Consultants” described above must file disclosure statements.

For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.

For other Designated Consultants who do not serve in a staff capacity for the City (Categories A and C, described above), the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is l imited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the ex tent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

A. Reportable interests in real property in the jurisdiction . (FPPC Form 700, Schedule B.)
B. Reportable income and business positions. (FPPC Form 700, Schedule C).

C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.) D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E) E. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E)

A-4

EXHBIT A

AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS DISCLOSURE CATEGORIES

City Council, Planning Commission, City
Manager and City Attorney

City Council Members 1
Planning Commission Members 1
City Manager 1
City Attorney 1
City Treasurer 1
Assistant City Attorney 2, 3, 4, 5, 6, 7
Assistant City Manager 2, 3, 4, 5, 6, 7
Assistant to the City Manager/PIO 2, 3, 4, 5, 6, 7
Economic Development Manager 2, 3, 4, 5, 6, 7
Management Analyst 2, 3, 4, 5, 6, 7

Administrative Services

Accountant 2, 3, 4, 5, 6, 7
Administrative Services Director 2, 3, 4, 5, 6, 7
Deputy Director of Administrative Services 2, 3, 4, 5, 6, 7 Human Resources/Risk & Safety Manager 2, 3, 4, 5, 6, 7 Principal Accountant 2, 3, 4, 5, 6, 7
Purchasing Buyer 2, 3, 4, 5, 6, 7

Building/Code Enforcement

City Clerk’s Department

City Clerk 2, 3, 4, 5, 6, 7
Deputy City Clerk 2, 3, 4, 5, 6, 7

A-5

Development Services

Administrative Services Coordinator 2, 3, 4, 5, 6, 7
Associate Planner 2, 3, 4, 5, 6, 7
Deputy Director of Community Development 2, 3, 4, 5, 6, 7 Director of Community Development 2, 3, 4, 5, 6, 7
Principal Planner
Planning Manager
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
Senior Planner 2, 3, 4, 5, 6, 7

Public Works

Assistant City Engineer 2, 3, 4, 5, 6, 7
Director of Public Works/City Engineer 2, 3, 4, 5, 6, 7 Environmental Program Manager
Public Works Inspector
Public Works Operations Manager
Public Works Manager
Senior Project Manager
Traffic Management Analyst

2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7
2, 3, 4, 5, 6, 7

Consultants 8

If a person is employed in more than one designated position, he or she shall file a Statement of Economic Disclosure (Form 700) and shall state the positions that he or she is employed in.

Page | 1
120

STAFF REPORT
DATE: NOVEMBER 3, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 11.F
AG

REEMENT BETWEEN THE CITY OF JURUPA VALLEY AND TRUE

CLEAN SOURCE, LLC FOR JANITORIAL SERVICES AT CITY

FACILITIES

RECOMMENDATION
1) That
the City Council approve the Agreement by and between the City of Jurupa Valley and True Clean Source, LLC. for an amount not to exceed $55,000.00; and 2) Authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

BACKGROUND
O
n November 1, 2021, the City of Jurupa Valley (“City”) transitioned away from contracted janitorial services and hired one in-house employee to perform routine janitorial services for City Hall and the Jurupa Valley Operations Center (“JVOC”). In addition, to supplement City Staff when needed, the City entered into on-call agreement with a janitorial company to provide routine service.

C
ity staff evaluated the option to provide janitorial services for both City facilities with in- house staff. It was determined that the most effective approach is to supplement the janitorial services rather than recruiting an additional in- house employee. This janitorial contract differs from the on- call services, as the company will be providing staff on a regular schedule. The proposed hybrid approach will provide in- house staff more time and flexibility to provide needed services in an efficient and effective manner.

O
n August 11, 2022, Staff published a Request for Proposals (“RFP”) for Janitorial Services. During the bidding per iod, Staff conducted a non- mandatory pre-bid meeting held on September 27, 2022. The RFP was published on the City’s PlanetBids portal, a web based procurement system. The advertised scope of work included performing routine janitorial services three days a week, which would involve tasks such as dusting, sanitizing, emptying trash and recycling receptacles, cleaning the floor, and refilling all

RETURN TO AGENDA
Page | 2

dispensers. The service location will vary between City Hall and JVOC. The agreement does not include the purchase of supplies, which means the City will be able to continue to control the cost of janitorial supplies directly, without having to pay a contractor markup.

The solicitation closed on October 6, 2022, and the City received four (4) proposals.

Proposals received by the City (in alphabetical order):

o JJ Property Maintenance Network Inc., Pasadena, CA
o Premier Property Preservation, West Hills, CA
o True Clean Source, LLC, Jurupa Valley, CA
o Z&C Services Inc., Irvine, CA

ANALYSIS

Public Works staff reviewed the proposal per guidelines as set forth in the RFP and determined True Clean Source, LLC (“True Clean Source”) is the best-qualified bidder.

True Clean Source is located in Jurupa Valley and has been in business for two years .

The company has been successfully providing the City with on- call janitorial services since March of 2022.

True Clean Source is a local company and provided all the required documents per the RFP. This included a cost proposal, list of references, a signed insurance acknowledgement, and a signed signature page certifying their proposal. Per the City’s Municipal Code, local bidders may be given preference when it is reasonably believed that the local bidder will be able to provide the services more expeditiously than a business located outside the City. True Clean Source will perform routine janitorial services three days a week for the negotiated rate of $ 36.00 per hour, which will cost approximately $44,928.00 annually. In addition, the City will pay $38.75 per hour when the City requests emergency on-call janitorial work throughout the initial term of the agreement.

If approved, the City will contract with True Clean Source for an initial term of three years with the option to extend the term for two, one-year extensions.

FINANCIAL IMPACT

The proposed Agreement is not to exceed $55,000.00 per fiscal year through the term of the Agreement. This includes the routine janitorial services and any on- call janitorial services that may be required. If approved, the Agreement will be funded through Public Works Operations Professional Services, account number 100-1310-54110.

ALTERNATIVES

1. Do not approve the Agreement between the City and True Clean Source, LLC.

2. Provide alternate direction to staff.

-1-
12774-0001\1689879v1.doc

AGREEMENT FOR JANITORIAL SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND TRUE CLEAN SOURCE, LLC.

THIS AGREEMENT is made and effective as of November 3, 2022, between the City of Jurupa Valley (“City”) and True Clean Source, a Limited Liability Company (“Contractor”).

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Term
This Agreement shall commence on November 7, 2022, and shall remain and continue in effect until November 6, 2025, unless sooner terminated or extended pursuant to the provisions of this Agreement. City shall have the option to extend the term of this Agreement via two (2), one (1) year extension periods to end no later than November 6, 2027.

2. Services
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. Performance
Contractor shall at all-time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.

4. Payment
A. The City agrees to cause Contractor to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Fifty-five Thousand Dollars ($55,000.00) during each fiscal year of the Agreement unless additional payment is approved as provided in this Agreement.

B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council.

C. Contractor shall submit invoices monthly for actual services performed.

shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

5. Suspension or Termination of Agreement Without Cause A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4.

6. Default Of Contractor
A. The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default.

B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7. Ownership and Maintenance Of Documents
A. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities -3-

related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City Manager, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. Indemnification.

Contractor shall defend, hold harmless and indemnify the City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”) with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Contractor or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.

9. Insurance Requirements.

A. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
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c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. 2) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
a) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of
California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
3) Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.

5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
6) Within one (1) business day following receipt by Contractor of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Contractor shall notify City of such action or proposed action.

C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements.

D. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this section.

10. Independent Contractor
A. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.

Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

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11. Legal Responsibilities
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.

12. Confidentiality; Release Of Information
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.

B. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena.

13. Assignment
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City consents to the use of the sub-Contractors described in Exhibit A to this Agreement provided the costs of such sub-Contractors shall be borne by the Contractor and shall not exceed the costs described in Paragraph 5 of this Agreement.

14. General Provisions
A. Notices
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Attention: Paul Toor, Public Works Director
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To Contractor: True Clean Source, LLC.

P.O. Box 315
Jurupa Valley, CA 91752
Attention: Patricia Lopez

B. Licenses. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

C. Governing Law; Venue
1) The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 2) Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Jurupa Valley. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

D. Prohibited Interest. No officer, or employee of the City of Jurupa Valley who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s sub-contractors, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City Council or City of Jurupa Valley has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s sub- Contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.

G. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF JURUPA VALLEY

Rod B. Butler
City Manager

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

TRUE CLEAN SOURCE, LLC.

By:

Name:

Title:

By:

Name:

Title:

[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]
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EXHIBIT A

SCOPE OF SERVICES
The Scope of Work includes, but is not limited to, the following:

1. LOCATION
Jurupa Valley Operations Center
5293 Mission Boulevard
Jurupa Valley, CA 92509
Jurupa Valley City Hall
8930 Limonite Avenue
Jurupa Valley, CA 92509

2. WORK SCHEDULE
Monday, Wednesday, and Friday from 7:00 A.M. to 4:00 P.M. (Location to be determined)

3. DAILY REGULAR SERVICES
Daily refers to all days Contractor is scheduled to perform janitorial services.  Empty all trash and recycling receptacles and return them to their original locations. Liners soiled with food waste or liquids must be changed.  Clean and disinfect all breakrooms, including, countertops, sinks, tables, and microwaves.
 Dust and disinfect all work surfaces, drawers, and cabinets in offices, cubicles, conference rooms, copy rooms, and public counter lobby areas.  Sweep, mop, and clean all vinyl, tile with proper cleaning sanitizer.  Vacuum and remove all visible debris located on any carpet.  Dust and polish all wood surfaces and conference tables, organize chairs properly.
 Clean and disinfect all drinking fountains.
 Wipe all smudges visible on reception area windows, counters, chairs, glass, doorways and all interior windows
 Clean all hand sanitizers within the building and refill if needed.  Turn off any lights except those required and designated to be left on.  Clean outside of refrigerators, water coolers, or any other appliance with daily use.
 Clean tile within restrooms
 Disinfect and clean urinals, toilets, handles, and sinks within restrooms  Refill any and all dispensers (soap dispenser, paper dispenser, hand sanitizers, etc.)

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 Clean all mirrors and polish any metals, including handrails along the stairwells

4. WEEKLY JANITORIAL SERVICES

 Dust partition ledges, window ledges, and interior mullions and moldings up to 12 feet in height from the adjacent floor surfaces.
 Spot wash all walls and woodwork to remove scuff marks and stains.  Remove spot carpet stains with an extraction system
 Remove all cob webs from all surfaces up to 12 feet in height from the adjacent floor surfaces.
 Wipe down electric switch plate covers
 Replace urinal pads.

5. MONTHLY JANITORIAL SERVICES

These general services must be completed at least once a month in addition to all Daily and Weekly services.

 Clean all doors and frames.
 Clean base molding and thoroughly vacuum all edges of carpeted areas.  Spot clean minor stains in seats in the City Council chambers and lobby areas.  Remove lime build-up from all faucets in kitchen and restrooms.  Clean/wash all doors and partitions.
 Clean all interior windows.
 Clean and disinfect inside of all refrigerators.

Services shall be performed in accordance with Contractor’s proposal (attached).

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EXHIBIT B

QUOTATION FOR SERVICE (REVISED)
Hourly rates shall remain in effect through the initial term of this Agreement. City shall provide Contractor with all equipment and chemicals necessary to perform the services.

Service Type Description Hourly Rate
Janitorial Services Daily Services $36.00
On-call Janitorial Services City requests emergency on- call services
$38.75
Page | 1
120

STAFF REPORT
DATE: NOVEMBER 3, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
SUBJ
ECT: AGENDA ITEM NO. 11.G
SECO

ND AMENDMENT TO AGREEMENT FOR CONSULTING

SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND KEVIN

RYAN FOR AMERICAN RESCUE PLAN ACT ADMINISTRATIVE

SERVICES AND PROJECT MANAGEMENT
RECO

MMENDATION
That
the City Council approve the Second Amendment to agreement between the City of Jurupa Valley and Kevin Ryan for American Rescue Plan Act (ARPA) administrative consulting and project management services and authorize the City Manager to execute the Second Amendment in substantially the form and format attached and as approved by the City Attorney.

BAC

KGROUND
O
n March 21, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law. The $1.9 trillion package is intended to directly combat the COVID-19 pandemic and the resulting economic impacts. ARPA allocates $350 billion towards the State and Local Fiscal Recovery Fund (SLFRF) as fiscal relief for the state and local governments.

The U
.S. Department of Treasury issued an Interim Final Rule implementing the SLFRF program on May 10, 2021, which allowed the disbursement of funds to begin. The Interim Final Rule underwent several changes to the provisions and resulted in significant changes, which allow for greater flexibility in the use of funds. The Final Rule was published on January 27, 2022, and became effective April 1, 2022.

To as
sist the City of Jurupa Valley with the ARPA program the City Manager entered into a Professional Services Agreement for Consulting Services with Kevin Ryan, on March 8, 2022.

On May 19, 2022, the City Council approved Amendment No. 1 to the Professional Services Agreement appropriating $86,000, for a not to exceed total of $110,500 and extending the term of the contract to December 31, 2022.

RETURN TO AGENDA
Page | 2

On August 18, 2022, the City Council approved the City of Jurupa Valley $28 Million ARPA Expenditure Plan. In accordance with the ARPA Expenditure Plan, the Council has approved the Crisis Stabilization Housing Program in the amount of $200,000, the Local Economic Assistance Program in the amount of $500,000 and the Government Experience Cloud, which provides much needed technology upgrades in the amount of $361,340.10.

ANALYSIS

The City of Jurupa Valley’s ARPA grant amount is $28 million, which was distributed in two installments. The first payment in the amount of $14 million was received from the U.S. Department of Treasury in November of 2021 and the remaining funds were received in October of 2022.

The City Council Approved ARPA Expenditure Plan includes:

Roadway Deferred Maintenance & Infrastructure Deficit Improvement Program $20 Mil • Street, Curb and Gutter and Sidewalk Improvements
• City Wide ADA Assessment

Broadband Matching Funds $2.5 Mil

City Facility Pathogen Prevention Improvements $2.8 Mil • HVAC Replacement (HEPA+Germicidal)
• Sanitary Touch Free Restrooms
• Emergency Back-up Power
• Energy Saving upgrades
• Contactless Service Delivery Infrastructure

Housing Crisis Mitigation $1.2 Mil
• Affordable Housing Assistance
• Services for Unhoused Persons
• Crisis Stabilization Units

Direct Resident Assistance $1 Mil
• Jurupa Community Services District-Rate Payback/Assistance Program • Rubidoux Community Services District-Rate Payback/Assistance Program

Local Economic Assistance Program (LEAP)-Assistance to Businesses $0.5 Mil • Revenue Replacement
• Job Retention
• Job Creation
Total $28.0 Mil
With the approval of the City of Jurupa Valley ARPA Expenditure Plan and subsequent approval of the Crisis Stabilization Housing Unit Program, the Local Economic Assistance Program and the Government Experience Cloud project , the responsibilities to manage Page | 3

and properly track and report on these projects as well as upcoming projects will require additional support.

Based on the performance of the services provided thus far , staff is recommending the City Council approve Amendment No. 2 to the Professional Services Agreement with Kevin Ryan, for continuing ARPA Program Administration as well as project management.

Amendment No. 2 will extend the terms of t he contract to December 31, 2023 and increase the contract amount by $124,800 for a total not to exc eed contract amount of $235,300.

FINANCIAL IMPACT
There is no General Fund impact as a result of this recommended action. All costs associated with the administration of ARPA funds are an eligible ARPA expense, have been included in the City Council adopted ARPA Expenditure Plan, and charged to ARPA Program Account 252-2527-80701. This agreement is not to exceed $235,300.

ALTERNATIVES

1. Provide alternate direction to staff to provide the overview of the ARPA Program.

2. Do not approve the Agreement between the City of Jurupa Valley and Kevin Ryan for providing ARPA Program administrative services.

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

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12774-0001\1689879v1.doc

SECOND AMENDMENT TO AGREEMENT FOR AMERICAN RESCUE PLAN ACT (ARPA) CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY

AND KEVIN RYAN FOR ADMINISTRATIVE SERVICES

THIS SECOND AMENDMENT is made and effective as of November 3, 2022, between the City of Jurupa Valley (“City”) and Kevin Ryan, an independent consultant (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This Second Amendment is made with the respect to the following facts and purposes:

A. On March 8, 2022, the City and Consultant entered into that certain Agreement entitled “AGREEMENT FOR AMERICAN RESCUE PLAN ACT (ARPA)

CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND KEVIN RYAN FOR ADMINISTRATIVE SERVICES” (“Agreement”).

B. On May 19, 2022, the City Council approved amendment No. 1 to that certain agreement entitled “AGREEMENT FOR AMERICAN RESCUE PLAN ACT (ARPA)

CONSULTANT SERVICES BETWEEN THE CITY OF JURUPA VALLEY AND KEVIN RYAN FOR ADMINISTRATIVE SERVICES” extending the Term of the Agreement to December 31, 2022.

C. The parties now desire to revise the term and amend the Agreement as set forth in this Amendment.

2. Paragraph 2 of the Agreement, Term, is hereby amended to read as follows:
“2. Term. This Agreement shall commence on March 8, 2022, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than December 31, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

3. Paragraph 4 of the Agreement, Payments, is hereby amended to read as follows:
“4. Payment
“A. The City agrees to cause Consultant to be paid monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Quotation for Service, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed one hundred twenty-four thousand eight hundred dollars ($124,800.00) for the total term of the Agreement unless additional payment is approved by the City Council.”
“B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those

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12774-0001\1689879v1.doc
set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.”
“C. Consultant shall submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant’s fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.”

4. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

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12774-0001\1689879v1.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF JURUPA VALLEY

Rod B. Butler
City Manager

ATTEST:

Victoria Wasko, CMC
City Clerk

APPROVED AS TO FORM

Peter M. Thorson
City Attorney

KEVIN RYAN

By:

Name: Kevin Ryan
Title: Consultant, Project Manager

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12774-0001\1689879v1.doc

EXHIBIT A

SCOPE OF SERVICES

 Research and review the compliance and reporting guidelines of the Final Rule for the American Rescue Plan Act (ARPA).

 Assist the City in the creation of an ARPA program spending plan.

 Work with City staff to create project and administrative internal tracking reports for ARPA expenditure reporting.

 Work with and assist City staff with the creation of budgets within the ARPA Eligible Categories.

 Work with City staff to identify potential projects and programs that meet the requirements of the ARPA Final Rule.

 Prepare staff reports and power point presentations as needed.

 Responsible for ARPA quarterly Reporting

 Assist the City with any required public outreach

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12774-0001\1689879v1.doc

EXHIBIT B

QUOTATION FOR SERVICE
Kevin Ryan will be compensated a total of $124,800.00 for the administration of the City of Jurupa Valley American Rescue Plan Act Program.

Hourly Rate Total Contract
Kevin Ryan $100.00 $124,800.00

Kevin Ryan is an independent consultant with no employees and no sub-consultants.

Page | 1
120

STAFF REPORT
DATE: NOVEMBER 3, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 11.H
APP
ROVAL OF FINAL TRACT MAP 36827 LOCATED WEST OF OPAL
STREET 195 FEET NORTH OF 45 TH STREET INCLUDING

ACCEPTANCE OF OFFERS OF DEDICATION, APPROVAL OF

SUBDIVISION AGREEMENTS, AND ACCEPTANCE OF IMPROVEMENT

BONDS (INVESTMENT CITY, LLC)
RECO

MMENDATION
I
t is recommended that the City Council:

1. Approve Tract Map 36827 and accept the dedications as follows:
a.) Accept the real property described as an easement for street and public utility purposes over all of Lot “A” as shown on Tract Map 36827. b.) Release and relinquishment of vehicular access along Golden West Avenue the owners of Lots 3 through 9 inclusive abutting this road and during such time will have no rights of access except the general easement of travel as shown on Final Tract Map 36827.
c.) Release and relinquishment of vehicular access along Opal Street the owners of Lots 1 and 14 abutting this road and during such time will have no rights of access except the general easement of travel as shown on Final Tract Map 36827.
d.) Accept the real property in fee title of Lot 14 for water quality basin as shown on Tract Map 36827.

2. Authorize the Mayor and City Clerk to sign Tract Map 36827; and

3. Approve the Subdivision Improvement Agreements and authorize the Mayor to sign them on behalf of the City.

RETURN TO AGENDA
Page | 2

BACKGROUND

Tentative Tract Map 36827 was conditionally approved by the Planning Commission at their regular meeting held on April 22 , 2015 with an expiration date of April 22, 2018. At the regular Planning Commission meeting on May 23, 2018 and again on May 8, 2019, the map was granted a one-year extension of time at each meeting bringing the expiration date to April 22, 2020. A third one-year extension was approved by Planning Commission on March 25, 2020 bringing the expiration date to April 22, 2020. During the year of this latest extension, the State of California passed AB1561, which granted automatic 18- month extensions to residential subdivision maps. Tract Map 36827 will expire on October 22, 2022 . Staff has reviewed Tract Map 36827 and finds that it is in substantial conformance with the approved Tentative Map. The City Attorney has reviewed and approved to form the Subdivision Agreements . This action approves the Tract Map, Subdivision Agreements, and accepts offers of dedication and the bonds related to the subdivision.

The requirements of the Tentative Tract Map were met prior to the expiration of the approval period. Approval of the Final Map on November 3, 2022 is consistent with State law and City policy.

ANALYSIS

Tentative Tract Map 36827 provides for the subdivision of 4.00 acres into 13 residential lots and a water quality basin lot located West of Opal Street 195 feet north of 45 th Street.

The next step in the process is consideration of the tract map, the agreements for the subdivision improvements , and posting bonds to guarantee completion of the improvements and monument placement.

The City Engineer has reviewed the tract map (attached) and finds that it is in substantial conformance with the tentative map. The Engineering Department and Planning Department staff have reviewed the conditions of approval and have determined all conditions required for map recordation have been met. The City Attorney has reviewed and approved the Subdivision Agreements. Staff recommends that the City Council approve Tract Map 36827 and accept the offers of dedication, the agreements, and the bonds.

FISCAL IMPACT

The City will receive development fees and payments as part of the obligations defined in the Municipal Code.

ALTERNATIVES

1. Take no action.

2. Provide alternative direction to staff.

Page | 1
120

STAFF REPORT
DATE: NOVEMBER 3, 2022
TO
: HONORABLE MAYOR AND CITY COUNCIL
F
ROM: ROD BUTLER, CITY MANAGER
BY: PAUL TOOR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJ
ECT: AGENDA ITEM NO. 11.I
CO

NSIDERATION OF A PUBLIC HIGHWAY UNDERPASS

AGREEMENT BETWEEN THE CITY OF JURUPA VALLEY AND UNION

PACIFIC RAILROAD COMPANY FOR THE CONSTRUCTI ON OF A

GRADE SEPARATION CROSSING ON JURUPA ROAD
RECO

MMENDATION
1) That
the City Council approve the Agreement between the City of Jurupa Valley and Union Pacific Railroad Company for the construction of a grade separation crossing on Jurupa Road and authorize the City Manager to execute the Agreement in substantially the form and format attached and as approved by the City Attorney.

BAC

KGROUND
I
n 2018, the City Council approved the Jurupa Road/railroad grade separation project. In 2020, 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 Separation project is expected to be completed in 2023.

ANAL
YSIS
The pr
oposed Agreement grant s the City additional rights to be able to facilitate construction and maintenance of the underpass at Jurupa Road under the UPRR right of way to widen the roadway.

RETURN TO AGENDA
Page | 2

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 work associated with the grade separation is $1,182,500.

The City Attorney has reviewed the content of the Agreement and approved as to form.

FINANCIAL IMPACT

Upon approval of this Agreement, the City is required to pay $429,728.00 to UPRR, which grants the City the rights to construct, maintain, and repair the roadway under the UPRR right of way. The City will be reimbursed by Riverside County, as they are responsible for managing the Grade Separation on the City’s behalf.

The project costs are funded through the Senate Bill 132 grant.

ALTERNATIVES

1. Do not approve the Public Highway Underpass Agreement between the City and Union Pacific Railroad Company for Jurupa Road

2. Provide alternative direction to staff

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

Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

1 UP Real Estate Project No.: 0586921

PUBLIC HIGHWAY UNDERPASS AGREEMENT

Jurupa Road
DOT 978398X

48.24 – Los Angeles Subdivision
Pedley, Riverside County, California

THIS AGREEMENT ("Agreement") is made and entered into as of the ______ day of ________________, 20 22 (“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 68179-1690, the CITY OF JURUPA VALLEY (“City”), a municipal corporation of the State of California to be addressed at 8304 Limonite Avenue, Suite M, Jurupa Valley , California 92509, and the COUNTY OF RIVERSIDE (“County”), a political subdivisio n of the State of California to be addressed at 3525 14th Street, Riverside, California 92501. The City and County are sometimes referenced together as the "City/County".

RECITALS:

Presently, the City/County utilizes the Railroad’s property for the existing at grade public road crossing over Jurupa Road, DOT Number 810979D at Rai lroad’s Milepost

48.24 on Railroad’s Los Angeles Subdivision and DOT Number 810980X at Railroad’s Milepost 0.07 on Railroad’s Crestmore Ind ustrial Lead at or near Pedley, Riverside County, California (together, the "Existing At Grade Crossings").

The City/County now desires to undertake as its project (the “Project”) the construction of a new grade separated structure (the “Structure”) that will carry the Railroad’s trains over and allow for vehicular traffic to traverse under on Jurupa Road, DOT Number 978398X at Railroad’s Milepost 48.24 on Railroad’s Los Angeles Subdivision at or near Pedley, Riverside County, California (the “Crossing Area”). The Crossing Area is shown on the print marked Exhibit A , attached hereto and hereby made a part hereof.

The City/County’s type, size and location prints of the Structure are marked Exhibit A-1, attached hereto and hereby made a part hereof.

The construction of the Structure will also necessitate the construction of a temporary railroad shoofly (the “Shoofly”) as shown on the Shoofly track print marked Exhibit A-2 and described in the legal description marked Exhibit A-3, with each exhibit being attached hereto and hereby made a part hereof , to provide for the Railroad’s continued railroad operations during the Project.

Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

2 The Project also involves the permanent closure of the Existing At Grade Crossings.

Railroad and the City/County agree that closure of the Existing At Grade Crossings will not occur until the Project (i.e., construction of a new grade separated underpass structure over Jurupa Road, 978398X) within the Crossing Area has been opened to the public for traffic.

Railroad and the City/County also agree that the Existing At Grade Crossings closures will be doc umented under a closure and removal agreement between Railroad and the City/County, as described in more detail herein in Section 19.

The Railroad and the City/County are entering into this Agreement to cover the above.

AGREEMENT:

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

Section 1. EXHIBITS B AND D.

The general terms and conditions marked Exhibit B, and the Railroad’s Coordination Requirements marked Exhibit D, are attached hereto and hereby made a part hereof.

Section 2. RAILROAD GRANTS RIGHT.

For and in consideration of the sum of FOUR HUNDRED TWENTY NINE THOUSAND SEVEN HUNDRED TWENTY EIGHT DOLLARS ($429,728.00) to be paid by the City/County to the Railroad upon the execution and delivery of this Agreement and in further consideration of the City/County’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the City/County the right to construct, maintain and repair the Structure over and across the Crossing Area.

Section 3. DEFINITION OF CONTRACTOR

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

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

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

• execute the Railroad's then current Contractor's Right of Entry Agreement Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

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

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

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

Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP Project No. 0586921

D. If the City/County's own employees will be performing any of the Project work, the City/County 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/County 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/County 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 THE RAILROAD; BILLING SENT TO CITY/COUNTY CITY/COUNTY’S PAYMENT OF BILLS

A. The work to be performed by the Railroad, at the City/County's sole cost and expense, i s de scribed in the Railroad's Material and Force Account Estimate dated February 16, 2022, marked Exhibit C, attached hereto and hereby made a part hereof (the Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

4 "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is One Million One Hundred Eighty Two Thousand Five Hundred Dollars ($1,182,500.00).

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

C. The City/County acknowledges that the Estimate may not include any estimate of flagging or other protective service costs that are to be paid by the City/County or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the City/County or the C ontractor as determined by the Railroad and the City/County. If it is determined that the Railroad will be billing the Contractor directly for such costs, the City/County 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/County during the Project, and final billing to the City/County within one hundred eighty (180) days after receiving written notice from the City/County that all Project work affecting the Railroad’s property has been completed.

E. The City/County 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 t he Railroad in connection with the P roject including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by the Railroad prior to the Effectiv e Date of this Agreement ), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad’s standard additive rates.

Section 8. PLANS

A. The City/County, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’ s Assistant Vice President Engineering - Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all appurtenances, associated drainage, shoring, sheeting and excavations for bents and/or abutments next to or adjacent to the Railroad’s tracks and, if applicable, all demolition and removal plans for the existing structure.

B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

5 representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.

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

D. Upon completion of the Structure, the City/County, at its expense, shall furnish to the Railroad an electronic set of reproducible “as constructed” Plans of the Structure.

E. The Railroad’s review and approval of the Plans in no way relieves the City/County 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 war ranties as to the validity, accuracy, legal c ompliance or completeness of the Plans and that any reliance by the City/County or Contractor on the Plans is at the risk of the City/County and Contractor.

Section 9. NON-RAILROAD IMPROVEMENTS

A. Submittal of plans and sp ecifications for protecti ng, 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 ri ght-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 Rail road 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 exist ing agreements with Non Railroad Facilities owners or operators.

Railroad may use it s 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/County mutually agree in writing to (i) deem the a pproved Non Railroad F acilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities.

Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

6 Section 10. SHOOFLY WORK

A. The City/County, at its ex pense, shal l perform all grading , drainage and embankment work for the Shoofly (including the portions at both ends of the Shoofly that the Railroad will be constructing or realigning in order to connect the Shoofly to its existing trackage) to the satisfaction and standards of the Railroad and in compliance with the Plans and all specifications and guidelines furnished by the Railroad to the City/County.

B. If the City/County or its Contractor needs to bring any borrow material onto the job site to accomplish such grading and embankment work, the borrow material shall be first tested by the Cit y/County or its Contractor, at the City/County’s sole expense, to determine if the borrow materi al is acceptab le to R ailroad including, without limitati on, ensuring (i) that the borrow material meets specifications and standards provided by the Railroad to the City/County and (ii) that the borrow material does not contain any contamination or naturally occurring radiologic material or any other material deemed under any applicable current federal, state or local agency law, statute, rule or regulation to be of environmental concern.

C. The City/County, at its expense, shall supply and lay all subballast material upon the grading and embankment described in Paragraph A above to the standards and satisfaction of the Railroad and in compliance with the Plans and all specifications and guidelines that have been furnished by the Railroad to the City/County.

D. The Railroad, at the City/County’s expense, shall furnish, install and maintain the rail and ties, or shift, realign and maintain the existing railroad tracks, as the case may be, on the portions of the Shoofly that connect to the Railroad’s existing trackage out to the clearance points on the Shoofly.

E. Except as set forth in Paragraph D above, the City/County shall supply and install all ties, track and other material to the satisfaction of the Railroad and in compliance with the Plans and all s pecifications and guidelines furnished by the Railro ad to the City/County.

F. Except as provided in Paragraph D above, during the Project, the City/County, at its expense, shall maintain and repair the Shoofly to the standards and satisfaction of the Railroad.

G. Upon completion of the Project, the Railroad, at the City/County’s expense, shall remove the rail and ties that it installed under Paragraph D above. Salvage credits, if any, due the City/County shall be set forth in the Railroad’s Estimate described in Section 7A.

H. Upon completion of the Project, the City/County, at its expense, shall remove all rails, ties and ballast installed by it for the Shoofly to the standards and satisfaction of the Railroad and in compliance with the Plans, an d all spe cifications and guidelines , Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

7 furnished by the Railroad to the City/County. The City/County shall retain all salvage with respect to material described in this Paragraph H.

Section 11. DEFERRED SEASONING

The City/County acknowledges that conditions inherent in the construction of the Structure may delay the complete stabilization of the structure and Railroad’s trackage including, without limitation, new embankment, cuts or fills beyond the construction period.

Railroad’s operation over such areas during this seasoning period may impose extraordinary maintenance costs in the event of caving, sliding, slipping, sinking or settling, including, without limitation, damage to rip- rapping or protective work in connection therewith, as well as settlement and con solidation of tra cks and bal last, until such seasoning period is complete. Therefore, the City/County shall pay to the Railroad all that part of the cost and expense of extraordinary maintenance (hereinafter referred to as “Deferred Seasoning”) associated with the Project which can be attributed to the partial or complete failure of subgrade and/or embankment , settlement, and consolidation of subballast, or roadbed, or any combination thereof, which is incurred during the period commencing immediately following completion of such work by the City/County or its Contractor and ending five (5) years thereafter. The Deferred Seasoning costs aforesaid shall include reimbursement of the extra cost, in excess of normal maintenance costs, of maintaining embankments and subgrade and that portion of said tracks above subgrade in accordance with acceptable maintenance standards, and will include cost of maintaining proper alignment, proper surface and use of ballast and other necessary materials . The work of such Deferred Seasoning repair shall normally be performed by the Railroad either with its own forces or through a responsible contractor employed by the Railroad.

Section 12. RAILROAD’S COORDINATION REQUIREMENTS

The City/County, at its expense, shall ensure that the Contractor complies with all of the terms and conditions contained in the Railroad’s Coordination Requirements that are described in Exhibit D, attached hereto and hereby made a part hereof, and other special guidelines and/or requirements that the Railroad may provide to the City/County for this Project.

Section 13. EFFECTIVE DATE; TERM; TERMINATION

A. This Agreement shall become effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Structure remains on the Railroad’s property.

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

Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

8 C. If the Agreement is terminated as provided above, or for any other reason, the City/County 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 14. CONDITIONS TO BE MET BEFORE

CITY/COUNTY CAN COMMENCE WORK

Neither the City/County nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until:

(i) The Railroad and City/County have executed this Agreement.

(ii) The Railroad has provided to the City/County 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, certif icates, binders, and/or endorsements set forth in th e Contractor’s Right of Entry Agreement.

(iv) Each Contractor has given the advance notice(s) required under the Contractor’s Right of Entry Agreement to the Railroad Representative named in the Contractor’s Right of Entry Agreement.

Section 15. FUTURE PROJECTS

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

Section 16. ASSIGNMENT; SUCCESSORS AND ASSIGNS

A. City/County shall not assign this Agreement without the prior written consent of Railroad.

B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and City/County.

Section 17. SPECIAL PROVISIONS PERTAINING TO AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009

If th e City/County will be receiv ing American Recovery and Reinvestment Act ("ARRA") funding for the Project, the City/County agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The City/County confirms Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

9 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/County and not of the Railroad, and (ii) the City/County shall not delegate any ARRA reporting responsibilities to the Railroad.

The City/County also confirms and acknowledges that (i) the Railroad shall provide to the City/County the Railroad's s tandard and customary billing for expenses inc urred 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/County to perform and complete the ARRA reporting documents. The Railroad confirms that the City/County and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 9 of Exhibit B of this Agreement.

Section 18. TERMINATION OF ORIGINAL AGREEMENT

Upon the completion of the Structure, the original agreement either governing currently, or any agreement to be found in the future at the Existing At-Grade Crossings, including any real estate r ights, shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Structure.

Section 19. CLOSURE AND REMOVAL OF THE

EXISTING AT-GRADE CROSSINGS

A. Pursuant to the Recitals of this Agreement, Railroad and the City/County agree to formally close the Existing At-Grade C rossings once the Project (i.e., construction of a new grade separated underpass structure over Jurupa Road, 978398X) within the Crossing Area has been opened to the public for traffic.

B. Railroad and the City/County hereby agree that the Existing At-Grade Crossings closures will be documented under a closure and removal agreement between Railroad and the City/County in the form of Public Road Crossing Closure and Removal Agreement ("Crossing Closure Agreement"), attached hereto as Exhibit F and made a part hereof.

C. If the City/County hires a contractor or other agent to perform the Existing At-Grade Crossings removal work pursuant to the Crossing Closure Agreement, the City/County shall require such contractor or agent to execute Railroad's then current form of Contractor's Right of Entry Agreement, and to comply with the requirements set forth therein and the Crossing Closure Agreement. If the City/County performs the Existing At- Grade Crossings removal work pursuant to the Crossing Closu re Agreement, the City/County shall comply with the safety standards set forth in Railroad's then current form of Contractor's Right of Entry Agreement and the Crossing Closure Agreement.

Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

10 IN WITNE SS WHE REOF, the parties have caused this Ag reement 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: ______________________
Title: ______________________________

COUNTY OF RIVERSIDE

By________________________________
Printed Name: ______________________
Title: ______________________________

Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT A
TO

PUBLIC HIGHWAY UNDERPASS AGREEMENT

Exhibit A will be a print showing the Crossing Area (see Recitals)

Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT A-1
TO

PUBLIC HIGHWAY UNDERPASS AGREEMENT

Exhibit A-1 will be the type, size and location prints of the Structure (see Recitals).

PLAN
1"=20'

UPRR R/W
UPRR R/W JURUPA RD
C
D
E
B
A
E
E
BENT 2
1 RW No.41
RW No.34
5'
No.34

RW TOP OF SLOPE
TRAIL
BIKE
MED
BIKE
E

UPRR R/W

CP EAST REDONDO

TO LOS ANGELES -
(TIMETABLE WEST)

CP SCRRA JUNCTION

TO RIVERSIDE -
(MP 49.81)

PEDLEY STATION
(TIMETABLE EAST)
VAR
MIN &

TO CRESTMORE

JURUPA RD UNDERPASSGENERAL PLAN
LAT. 33.99719, LONG. -117.485
LOS ANGELES SUBDIVISION MP 48.2
12'6'

JURUPA RD UNDERCROSSING
SW
1 GENERAL PLAN
SCALE: SEE DRAWING
BR1-01

PROFILE GRADE
RW No.40
2 2'
2'
X
X
3 (P404) TRACK 404
SIDING (P500)
TRACK (NIC) FUTURE
(PMT1)TRACK 1 MAIN
PMT2 STA 2546+88.02
JURUPA RDSTA 39+67.242546+86.49=PMT2 STA
F
G
G
G
MIN

UPRR R/W
A
B
D
C, TYP
, TYP

BALLAST

UPRR R/W
, TYP

BENT CAP

JURUPA RD)
(ALONG
FG

TOP OF MEDIAN

WALKWAYTYP

COLUMN (TYP)
4'-0" DIA
PMT2

PMT1

MIN
2'-0"
P500

D
13" MIN
26'

DIRECTION VEHICLE TRAFFIC

VERTICAL CLEARANCEINDICATES POINT OF MINIMUM
LEGEND:

MEASURED ALONG PMT2
DATUM ELEV 680.00'
2546+00 2547+00
1"=20'

ELEVATION
BENT 2 TYP
MIN,
2'-0
BENT
ABUT 3ABUT 1
FG
D
OG
2% 2%
F
CLR

MIN VERT
H
J
H J
D
MIN
12'-10"UNDERCROSSING" PLANS"JURUPA RD CLOSURE WALL, SEE K
K
L
L

SHEET FOR DETAIL
SEE "TYPICAL SECTION"
TRACK 2 (PMT2) MAIN

DECK DRAIN, TYP
*

MIN HORIZ
29'-5"
APPROVAL OF THE DESIGN PLANS SHALL BE PROVIDED TO UPRR FOR REVIEW AND APPROVAL PRIOR TO IMPLEMENTATION.2. ALL CHANGES AND CLARIFICATIONS PROPOSED BY THE AGENCY, DESIGN ENGINEER AND/OR CONTRACTOR AFTER UPRR'S1. THE CONTRACTOR SHALL VERIFY ALL CONTROLLING FIELD DIMENSIONS BEFORE ORDERING OR FABRICATING ANY MATERIAL.NOTES:

UNDERCROSSING" PLANSDETAILS" SHEET AND "JURUPA RD CLOSURE WALL, SEE "CLOSURE WALL

10'-6"

9'-1"
P404
TRACK (NIC) FUTURE
15'-2"
& VAR
MIN
31'-8"
2'-6" MIN
(TYP)
PG=T/R,
*

MIN VERT CLR
1 1

JURUPA ROAD PROFILE

NO SCALE
ELEV 707.23
BVC 35+76.86
EVC 41+46.86
ELEV 707.23
VC=570.00'
1 1
41 1
1 1
N43°24'57"W
ABBREVIATIONS:

AREMA CLEARANCE ENVELOPE

TOP OF SLOPE (BALLAST)
2:1
2:1
16'-11"
16'-11"
M
MM
M
M

CONSTRUCTION JOINT
1 ELEVATION" SHEET, TYP ALL CORNERSON "ARCHITECTURAL EXTERIOR FENCE SEE "WALKWAY TRANSITION DETAIL" 1 2546+00
2546+00
2547+00
2547+00
2548+00
2548+00
10+00 47+00
11+00
12+00
48+00
NO. 34
RW
12'-10"±

20'-0"
1 1
58'-6‡

EXP BRGFIX BRGFIX BRGEXP BRG

CONSTRUCTION JOINT

MIN HORIZ
28'-11"
1TYP
50'-9" 49'-3"
20'-0" MAX
18'-11‚" MIN
50'-8"
49'-4"

MIN HORIZ
34'-1"
MIN
11'-1"

7" MAX
14'-10
"
29°16'14"
5'-0" BEYOND APPROACH SLABPER UPRR STD DWG 0528 AND 0599. LOCATE

FGFAEXPEXISTEVCELEVEBDIACONTCLRCJBVCBSBRGBR

BNSFBCBBABUT

FINISH GRADEFIELD ASSEMBLEEXPANSIONEXISTINGEND VERTICAL CURVEELEVATIONEND OF BRIDGEDIAMETERCONTINUOUSCLEARCONSTRUCTION JOINTBEGIN VERTICAL CURVEBOTH SIDEBEARINGBRIDGESANTA FE RAILWAYBURLINGTON NORTHERNBEGINNING OF CURVEBEGINNING OF BRIDGEABUTMENT

LOOKING UP STATION ALONG GIRDER LENGTH

BALLAST
30'-8" MAX
14'-4ƒ" MIN
17'-2ƒ" MAX AT EB
4'-5" MIN AT BB
16'-2" MAX
15'-0" MIN
16'-0" MAX
15'-11" MIN
14'-4" MAX
13'-11" MIN
22'-2"

12'-9"

CENTERLINE GIRDER
LENGTHS MEASURED ALONG***
MATCH PROFILE GRADE.

SLOPE OF SUPERSTRUCTURE TO **
POTENTIAL BOLT PROJECTIONS.

FOR DEFLECTION AND ANY
MIN VERT CLEARANCE ACCOUNTS*
GIRDER NO.13 UNDER PMT2

MEASURED ALONG CENTERLINE
EB MT2 STA 2547+47.98
MT2 ELEV 725.23PROPOSED B/LOW RAIL

60'-1…"

58'-6‡"
FACE TO FACE OF BACKWALLS = 118'-8„"
BB MT2 STA 2546+29.30
MT2 ELEV 725.87PROPOSED B/LOW RAIL

T/R GRADE: -0.54%**
MP 48.2
STA 2546+29.28
BACKWALL PMT2

OF PROPOSED

BB/INSIDE FACE
60'-1…"
STA 2547+47.96BACKWALL PMT2OF PROPOSEDEB/INSIDE FACE
4'-5
"
15'
15'-11
"
20'
VAR
MIN &
2'
PEDESTAL OF FENCEFRONT FACE11'
2'
13'-6"
11'
11'2'
5'
VARIES

TYPICAL SECTION
1"=10'
(AT PMT2 STA 2546+88.02)
5'-8
"MIN

T/SEAT)
(B/RAIL TO

CURVE DATA
No. R TANGENTLENGTH
1500.00' 520.32'19°52'29"262.80'
42°40'47"
1 2 5729.65' 2238.50'4268.04'
478.34' 548.49'3 308.85'
REMARK

ARC DEFINITION
CH0RD DEFINITION
CH0RD DEFINITION65°41'53"
4 CH0RD DEFINITION5729.65'42°40'49" 4268.08'2238.52'

JURUPA RD UC

EDGE OF DECK
STAGE 2 BRIDGE
35'-6‡"
STAGE 1 BRIDGE
84'-3‚"
*** ***
119'-10„"
03/29/22COMMENTS BY TEMPLE O.SECTION ARE FORCED PER ALL DIMENSIONS ON TYPICAL 69'-11„" 49'-11"
STAGE 2 BRIDGE
35'-6‡"
STAGE 1 BRIDGE
84'-3‚"
COMPOSITE "NO TRESPASSING" SIGN AND POST

TEMPORARY BALLAST RETAINER

BALLAST, TIES, RAIL BY OTHERS

WALL MOUNTED LUMINAIRE

CAST-IN YEAR CONSTRUCTED

CABLE RAILING
PAINT "JURUPA ROAD UNDERPASS BR. NO. 48.24"

APPROACH SLAB

ARCHITECTURAL FENCE

STEEL BALLAST CURB

PRECAST CONCRETE FASCIA BEAM
STEEL DECK PLATE WITH STEEL W40X324 GIRDER

WPW/VERTTYPTPB

TBRT/RSIMRWREINFOGNICMINMAXLOLIDHSSHORIZGALVGAFIX

WATERPROOFINGWITHVERTICALTYPICALTREATED PERMEABLE BASERETAINERTEMPORARY BALLASTTOP OF RAILSIMILARRETAINING WALLREINFORCEMENTORIGINAL GROUNDNOT IN CONTRACTMINIMUMMAXIMUMLAYOUT LINEINSIDE DIAMETERHOLLOW STRUCTURAL STEELHORIZONTALGALVANIZEGAGEFIXED 1 40
3939
X
X
X 30
GRADE SEPARATIONL. KINGSBURY

JURUPA ROAD UNDERPASS
L. KINGSBURY
L. WU A. ADHIKARI
R. KHALAFBEIGI
M. BALLER. KHALAFBEIGI LAT. 33°59'49", LONG. 117°29'05"DOT 810979DLOS ANGELES SUBDIVISION MP 48.24 1 RK4/
BR. 48.24 - JURUPA ROAD

UPRR FINAL APPROVALMV

LAST REVISION
TIME PLOTTED =>
DATE PLOTTED =>
No.

Exp.

REGISTEREDPROFESSIONAL

ENGINEER

STATEOFCALIFORNIA
PLOT DRIVER =>
PEN TABLE => SHEET OF
DESIGN BY:

QUANTITIES BY:

LAYOUT BY:

DATEMARK DESCRIPTION

REVISIONS

APP'DBY
X
0 ORIGINAL SCALE IN INCHESFOR REDUCED PLANS 1 2 3
DETAILS BY:

CHECKED BY:

PROJECT ENGINEER
SHEET NO.

COMPARED BY:PLANS AND SPECS BY:SPECIFICATIONS
SHEETSTOTALSHEET NO.PROJECT
04-21-15
USERNAME => DGN FILE =>
DATE
FILE No.COUNTY00000WO
BRIDGE NO.

SCANNED COPIES OF THIS PLAN SHEET.RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ELECTRONIC OR THE COUNTY OF RIVERSIDE OR ITS OFFICERS OR AGENTS SHALL NOT BE lkingsbury
15:12
11-MAY-2022
05-11-22

VAN DUYNMICHAEL
S5950

STRUCTURAL
$PLTDRVS
$PENTBLS
1-UP-a-gp01.dgn
12/31/22
(714) 460-1600
SANTA ANA, CA 92707
6 HUTTON CENTRE DRIVE
40 39
22 421 565
Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT A-2
TO

PUBLIC HIGHWAY UNDERPASS AGREEMENT

Exhibit A-2 will be the Shoofly track print (see Recitals).

Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT A-3
TO

PUBLIC HIGHWAY UNDERPASS AGREEMENT

Exhibit A-3 will be the legal description of the Shoofly (see Recitals).

Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

1 EXHIBIT B
TO

PUBLIC HIGHWAY UNDERPASS AGREEMENT

SECTION 1. CONDITIONS AND COVENANTS

A. The Railroad makes no covena nt or warranty of title for quiet possession or against encumbrances. The Cit y/County shall not use or permit use of the Crossing Area for any purposes other than those described in t his Agreement. Without limiting the foregoing, the City/County 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/County for the purpose of conveying electric power or communications incidental to the City/County's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shal l be admitted by the City/County to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obli gate the Railroad to give such consent.

B. The Railroad reserves the right to cross the Crossing Area w ith such railroad tracks as may be required for its convenience or purposes.

C. The right hereby granted is subject to any existing encumbrances and ri ghts (whether public or private), recorded or unrecorded, and also to any renewals thereof. The City/County 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/County at its own expense settles with and obtains releases from such nonparties.

D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to the Structure , provided that such attachments shall comply with City/County 's specifications and will not interfere with the City/County's use of the Crossing Area.

E. So far as it lawfully may do so, the City/County will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.

F. If any property or ri ghts other t han the right hereby granted are necessary for the construction, maintenance and use of the Structure and its appurtenances, or for the Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

2 performance of any work in connection with the Project, the City/County will acquire all such other property and rights at its own expense and without expense to the Railroad.

SECTION 2. CONSTRUCTION OF STRUCTURE

A. The City/County, 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/County, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Structure and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the Structure and the railroad tracks. Upon completion of the Project, the City/County 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/County upon the Railroad's property (including, but not limited to, construction of the Structure and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice Presid ent Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, the Railroad’s Coordination Requirements set forth in Exhibit D and other guidelines furnished by the Railroad.

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

SECTION 3. INJURY AND DAMAGE TO PROPERTY

If the City/County, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the City/County 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 b y the City/County at the City/County's own expense, or by the Railroad at the expense of the City/County, and to the satisfaction of the Railroad's A ssistant Vice President Engineering - Design.

Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

3 SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK

The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the City/County 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/County shall reimburse the Railroad for the amount of the contract.

SECTION 5. MAINTENANCE AND REPAIRS

A. The City/County, at its expense, shall maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Structure, including the waterproofing and below, and further including, but not limited to, the superstructure, substructure, piers, abutments, walls, approaches and all backfill, grading and drainage required by reason of the Structure, as well as all graffiti removal or overpainting involving the Structure.

B. The Railroad, at its expense, will maintain, repair and renew, or cause to be maintained, repaired and renewed, above the waterproofing, including, but not limited to, the rails, ties, ballast and communication and signal facilities owned by the Railroad.

SECTION 6. SAFETY MEASURES; PROTECTION

OF RAILROAD COMPANY OPERATIONS

It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the City/County 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/County 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/County shall include work both within and outside of the Railroad’s property.

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

Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

4 C. Flagging.

(i) If the City/County's employees need to enter Railroad's property as provided in Paragraph B above, the City/County agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by City/County in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or t hing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's trac k(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform City/County whether a flagman need be present and whether City/County 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/County for su ch expenses incurred by Railroad . If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, City/County agrees that City/County 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 addit ion to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemploy ment 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 be tween 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/County 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 t he project f or which Railroad is required to pay the flagm an and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though City/County may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging p osition in compliance with union collective bargaining agreements, City/County 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, City/County will still be required to pay flagging charges for the five (5) day notice period required Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

5 by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.

D. Compliance With Laws. The City/County shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The City/County shall use only such methods as are consistent with safety, both as concerns the City/County, the City/County's agents and employees, the of ficers, agents, employees and property of the Railroad and the public in general. The City/County (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 f ollowed when work is p erformed on the Railroad's premises. If any failure by the City/County 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/County 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/County further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.

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

F. Supervision. The City/County, at its own expense, shall adequately police and supervise all work to be performed by the City/County, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the City/County for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by c ompliance by the City/County with any requests or recommendations m ade by such representatives. If a representative of the Railroad is assigned to the Project, the City/County will give d ue 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/County'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/County is being or is about to be done or prosecuted without due regard and precaution for safety and security, the City/County shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.

H. Removal of Debris. The City/County 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 ma terial and debris shall be promptly removed from the Railroad's proper ty by the Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

6 City/County at the City/County's own expense or by the Railroad at the expense of the City/County. The City/County shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.

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

J. Excavation. The City/County shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the t racks of the Railroad. The City/County shall not do or cause to be done any work which will or may disturb the stability of any area or adversely af fect the Railroad's tracks or facilities. The City/County , at its o wn expense, shall install and maintain a dequate shoring and cribbing for all excavation and/or trenching performed by the City/County in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintain ed 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/County, at the City/County's own expense, shall provide and maintain suitable facilities for draining the Structure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The City/County, at the City/County's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the City/County , be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The City/County shall not obstruct or interfere with existing ditches or drainage facilities.

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

M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property.

Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. City/County shall visit up.com/CBUD to co mplete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the City/County. If it is, Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

7 City/County will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.

SECTION 7. INTERIM WARNING DEVICES

If at anytime it is determined by a competent authority, by the City/County, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the City/County shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the Structure has been completed.

SECTION 8. OTHER RAILROADS

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 9. 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, Nebras ka, during normal business hours by the agents and authorized representatives of City/County for a period of three (3) years following the date of Railroad's last billing sent to City/County.

SECTION 10. REMEDIES FOR BREACH OR NONUSE

A. If the City/County shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Structure and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilitie s or operations or jeopardize the Railroad's employees; and the City/County will reimburse the Railroad for the expenses thereof.

B. Nonuse by the City/County 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/County hereunder.

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

Public Highway Underpass 03/01/13
Standard Form Approved, AVP-Law

8 SECTION 11. 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/County and the Railroad and specifying wit h particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the City/County shall not affect or impair any right arising from any subsequent default. This A greement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the City/County and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.

Public Highway Underpass 03-01-13
Standard Form Approved, AVP-Law

EXHIBIT C

PUBLIC HIGHWAY UNDERPASS AGREEMENT

Exhibit C (if applicable) will be Railroad’s Material and Force Agreement Estimate.

DATE:
2/16/2022
LOCATION: SUBDIVISION STATE:

Jurupa Valley
DOT: 978398X Los Angeles CA
DESCRIPTION LABOR MATERIAL UP %0 Agency % 100 TOTAL
Project Management 400,000 $ - $
-$
400,000.00$ 400,000 $
Construction Submittals 200,000$ -$
-$
200,000.00$ 200,000 $
Construction Management 575,000 $ -$
-$
575,000.00$ 575,000 $
Final Inspection 7,500$ -$
-$
7,500.00$
7,500 $
TOTAL PROJECT: 1,182,500 $ -$
-$
1,182,500.00$ $1,182,500
TOTAL ESTIMATED COST: $1,182,500

UNION PACIFIC RAILROAD COMPANY
BY THE

ESTIMATE OF FORCE ACCOUNT WORK

EXHIBIT C
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION.

COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.

Flagging may be performed by a third-party contractor. Any flagging performed by a third-party contractor will be billed at said third-party contractor rate not included in the above estimate. Alternatively, the Agency may enter into a separate agreement with third-party contractor and will be responsible for all actual costs incurred.

ENGINEERING
DESCRIPTION OF WORK: Engineering and other related services for work to be performed within railroad right of way. This includes project and construction management during construction activities in railroad right of way. All necessary railroad services will be billed at actual cost.

IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF

MATERIAL OR LABOR REQUIRED, THE RAILROAD WILL BILL FOR ACTUAL

EXHIBIT D
TO

PUBLIC HIGHWAY UNDERPASS AGREEMENT

RAILROAD COORDINATION REQUIREMENTS

1.01 DEFINITIONS

Agreement: Agreement that has been signed, or will be signed, between Railroad and Agency covering the construction and maintenance of the Project.

Agency: County of Riverside/City of Jurupa Valley AREMA: American Railway Engineering and Maintenance-of-way Association Contractor: The contractor or contractors hired by the Agency to perform any project work on any portion of Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.

MUTCD: Manual on Uniform Traffic Control Devices
Project: Agency’s Project Number ______________ covering the construction of a new Public Highway Underpass
Railroad: Union Pacific Railroad Company
Railroad Project Representative: Railroad's Manager of Industry and Public Projects for this Project (see Section 1.03)
Railroad MTM Representative: Railroad's Manager of Track Maintenance for this Project (see Section

1.03)
Requirements: The Railroad Coordination Requirements set forth in this Exhibit.

1.02 DESCRIPTION

This Project includes construction work within Railroad’s right-of-way. These Requirements describe coordination with the Railroad when work by the Contractor will be performed upon, over or under the Railroad right-of-way or may impact current or future Railroad operations. The Contractor will coordinate with the Railroad while performing the work outlined in this Agreement and shall afford the same cooperation with the Railroad as it does with the Agency. All submittals and work shall be completed in compliance with these Requirements, Railroad guidelines and requirements, AREMA recommendations and/or as directed by the Railroad Local Representative and/or the Railroad MTM Representative.

1.03 UPRR CONTACTS

The Railroad Project Representative for this project is:

Nick Vineyard
909-222-5659
[email protected]

For Railroad flagging services and track work, contact the following Railroad MTM Representative:

Eric Perez
909-361-2513
[email protected]

1.04 PLANS / SPECIFICATIONS

The plans and specifications for this Project, affecting the Railroad, are subject to the written approval by the Railroad. Changes in the plans made after the execution of the Agreement and/or the awarding of the Project to the Contractor are subject to the prior review and written approval of the Agency and the Railroad.

No construction work shall commence until final stamped plans and/or changes to final stamped plans have been reviewed and approved by the Railroad in writing. The Railroad's review and approval of the Agency’s and/or Contractor's plans in no way relieves the Agency and Contractor from their responsibilities, obligations and/or liabilities under this Agreement, Agency’s agreement with the Contractor for the Project and/or in the separate Contractor's Right of Entry Agreement referenced in Section 1.08. Railroad's approval will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of Agency's and/or Contractor's plans and that any reliance by the Agency or the Contractor with respect to such plans is at the risk of the Agency and the Contractor.

1.05 UTILITIES AND FIBER OPTICS

A. All installations shall be constructed in accordance with current AREMA recommendations and Railroad specifications and requirements. Railroad general guidelines and the required application forms for utility installations can be found on the Railroad website at http://www.uprr.com/reus/pipeline/install.shtml.

B. It shall be the responsibility of the Contractor, at its expense, to make arrangements directly with utility companies involving the protection, encasement, reinforcement, relocation, replac ement, removing or abandonment in place of non-railroad facilities affected by the Project. Railroad has no obligation to supply additional Railroad property for non- railroad facilities affected by this Project, nor does the Railroad have any obligation to permit non railroad facilities to be abandoned in place or relocated on Railroad’s property.

Any facility and/or utility that crosses Railroad right of way must be covered under an agreement with the Railroad including, without limitation, any relocations of an existing facility and/or utility.

C. Any longitudinal fiber optic lines on Railroad right of way shall be treated as Railroad facilities. Project design may need to be altered to accommodate such facilities.

D. Any fiber optic relocations or protections that are required due to this Project will be at the Agency’s expense.

1.06 GENERAL

A. It is essential that the proposed construction shall be performed without interference to Railroad operations and in compliance with all applicable Railroad and Federal Railroad Administration rules and regulations. The Railroad shall be reimbursed by the Contractor or Agency for train delay costs and lost revenue claims due to any delays or interruption of train operations resulting from the Contractor’s construction or other activities.

B. Track protection is required for all work equipment (including rubber tired equipment) operating within 25 feet from nearest rail. All work shall be designed and executed outside the temporary construction clearance envelope defined in Section 1.12.

C. The Contractor is also advised that new facilities within the Project may be scheduled to be built by the Railroad and that certain Contractor’s activities cannot proceed until that work is complete. The Contractor shall be aw are of the limits of responsibilities, allow sufficient time in the schedule for that work to be accomplished and shall coordinate its efforts with the Railroad.

1.07 RAILROAD OPERATIONS

A. The Contractor shall be advised that trains and/or equipment should be expected on any track, at any time, and in either direction. The Contractor shall communicate with the Railroad MTM Representative to improve the Contractor’s understanding of Railroad traffic volume and operation at the Project site.

The Contractor’s bid shall be structured assuming intermittent track windows as defined in Section 1.07 C

B. All Railroad tracks within and adjacent to the Project site are to be assumed as active and rail traffic over these facilities shall be maintained throughout the Project. Activities may include both through moves and switching moves to local customers. Railroad traffic and operations can occur continuously throughout the day and night on these tracks and shall be maintained at all times as defined herein.

The Contractor shall coordinate and schedule the work so that construction activities do not interfere with Railroad's operations.

C. Work windows for this Project shall be coordinated with the Agency or Contractor and the Railroad Project Representative and the Railroad MTM Representative. Types of work windows include Conditional Work Windows and Absolute Work Windows, as defined below:

1. Conditional Work Window : A period of time in which Railroad's operations have priority over construction activities. When construction activities may occur on and adjacent to the railroad tracks within 25 feet of the nearest track, a Railroad flag person will be required. At the direction of the flag person, upon approach of a train and when trains are present on the tracks, the tracks must be cleared (i.e., no construction equipment, materials or personnel within 25 feet from the nearest active track or as directed by the Railroad MTM Representative). Conditional Work Windows are available for the project subject to Railroad's local operating unit review and approval.

2. Absolute Work Window : A period of time in which construction activities are given priority over Railroad's operations. During this time the designated Railroad track(s) will be inactive for train movements and may be fouled by the Contractor. Before the end of an Absolute Work Window, all Railroad tracks and signals must be completely operational for normal train operations. Also, all Railroad, Public Utilities Commission and Federal Railroad Administration requirements, codes and regulations for operational tracks must be complied with. Should the operating tracks and/or signals be affected, the Railroad will perform inspections of the work prior to placing the affected track back into service. Railroad flag persons will be required for construction activities requiring an Absolute Work Window. Absolute Work Windows will generally not be granted. Any request will require a detailed written explanation for Railroad review and approval.

1.08 RIGHT OF ENTRY, ADVANCE NOTICE AND WORK STOPPAGES

A. Prior to beginning any work within the Railroad right -of-way, the Contractor shall enter into an agreement with the Railroad in the form of the Contractor’s Right of Entry Agreement, attached as Exhibit E, or latest version thereof provided by the Railroad. There is a fee for processing of the agreement which shall be borne by the Contractor. The right of entry agreement shall specify working time frames, flagging, inspection and insurance requirements and any other items specified by the Railroad.

B. The Contractor shall give advance notice to the Railroad as required in the Contractor’s Right of Entry Agreement before commencing work in connection with construction upon or over Railroad’s right -of- way and shall observe the Railroad rules and regulations with respect thereto.

C. All work upon the Railroad right -of-way shall be done at such times and in such a manner as not to interfere with or endanger the operations of the Railroad. Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to the Railroad MTM Representative for approval, but such approval shall not relieve the Contractor from liability. Any work to be performed by the Contractor, which requires flagging service or inspection service, shall be deferred until the flagging protection required by the Railroad is available at the job site. See Section

1.21 for railroad flagging requirements.

D. The Contractor shall make requests in writing to both the Railroad Project Representative and the Railroad MTM Representative for both Absolute and Conditional Work Windows, at least two weeks in advance of any work. The written request must include:

1. Description of work to be done.

2. The days and hours that work will be performed.

3. The exact location of the work and proximity to the tracks.

4. The type of window and amount of time requested.

5. The designated contact person for the Contractor.

The Contractor shall provide a written confirmation notice to the Railroad MTM Representative at leas t fifteen (15) days prior to commencing work in connection with the approved work windows when work will be performed within 25 feet of any track center line. All work shall be performed in accordance with previously approved work plans.

E. Should a condition arise from, or in connection with, the work which requires immediate and unusual actions to be made to protect operations and property of the Railroad, the Contractor shall undertake such actions. If, in the judgment of the Railroad MTM Representative, such actions are insufficient, the Railroad MTM Representative may require or provide such actions as deemed necessary. In any event, such actions shall be at the Contractor’s expense and without cost to the Railroad. The Railroad or Agency have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of the Railroad MTM Representative, the Contractor’s operations may inhibit the Railroads operations. In the event such an order is given, the Contractor shall immediately notify the Agency of the order.

1.09 INSURANCE

The Contractor shall not begin work within the Railroad’s right-of-way until the Railroad has been furnished the insurance policies, binders, certificates and endorsements required by the Contractor’s Right -of-Entry Agreement, and the Railroad Project Representative has advised the Agency that such insurance is in accordance with such Agreement. The required insurance shall be kept in full force and effect during the performance of work and thereafter until the Contractor removes all tools, equipment, and material from Railroad property and cleans the premises in a manner reasonably satisfactory to the Railroad.

1.10 RAILROAD SAFETY ORIENTATION

All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course “ Property Access Training ” and be registered prior to working on Railroad property. This training is available at
https://www.up.com/aboutup/community/safety/erailsafe/up- pat/index.htm. This training is required to be completed annually. Th e preceding training does not apply for longitudinal fiber optic installations.

1.11 COOPERATION

The Railroad shall cooperate with the Contractor in the scheduling of Project work with the understanding that Railroad’s train operations at the job site shall have priority over the Contractor’s activities.

1.12 CONSTRUCTION CLEARANCES

The Contractor shall abide by the twenty -one ft six inches (21.5) foot temporary vertical construction clearance defined in section 4.4.1.1 and fifteen (15) foot temporary horizontal construction clearance defined in section 4.4.1.2 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. It shall be the Contractor's responsibility to obtain such guidelines from the Agency or Railroad.

Reduced temporary construction clearances, which are less than construction clearances defined above, will require special review and approval by the Railroad.

Any proposed variance on the specified minimum clearances due to the Contractor’s operations shall be submitted to the Railroad Project Representative through the Agency at least thirty (30) days in advance of the work. No work shall be undertaken until the variance is approved in writing by the Railroad Project Representative.

1.13 SUBMITTALS

A. Construction submittals and Requests for Information (RFI) shall be submitted per Section 3 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects.

B. The minimum review times, as indicated in tables 3-1 and 3-2 of Section 3.10 of the BNSF and UPRR Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals.

Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals.

The details of the construction affecting the Railroad tracks and property, not already included in the contract plans, shall be submitted by the Agency to the Railroad Project Representative for the Railroad’s review and written approval before such construction is undertaken. The Railroad shall not be liable to Agency, Contractor, and or any other person or entity if the Railroad’s review exceeds a four-week review time.

C. As Built Submittals shall be submitted per Section 3 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects.

1.14 MAINTENANCE OF PROPER DRAINAGE AND DAMAGE TO RAILROAD FACILITIES

A. The Contractor, at its expense, shall be required to maintain all ditches and drainage structures free of silt or other obstructions which may result from the Contractor’s operations and to repair and restore any Railroad property, tracks and facilities of Railroad and/or its tenants.

B. The Contractor must submit a proposed method of erosion control and have the method reviewed and approved by the Railroad prior to beginning any grading on the project site. Erosion control methods must comply with all applicable local, state and federal regulations.

1.15 SITE INSPECTIONS BY RAILROAD PROJECT REPRESENTATIVE,

RAILROAD MTM REPRESENTATIVE OR RAILROAD'S CONTRACTOR

A. In addition to the office reviews of construction submittals, site observations will be performed by the Railroad Project Representative, Railroad MTM Representative or Railroad's Contractor at significant points during construction per Section 4.11 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects.

B. Site inspections are not limited to the milestone events listed in the guidelines. Site visits to chec k the progress of work may be performed at any time throughout the construction process as deemed necessary by the Railroad.

C. A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and construction sequence for all work to be performed, shall be provided by the Contractor to the Agency for submittal to the Railroad’s Project Representative for review and approval prior to commencement of work. This schedule shall also include the anticipated dates on which t he above listed events will occur. This schedule shall be updated for all critical listed events as necessary but at least monthly so that site visits may be scheduled.

1.16 RAILROAD REPRESENTATIVES

A. Railroad representatives, conductors, flag persons or watch persons will be provided by the Railroad at the expense of the Agency or Contractor (as stated elsewhere in these bid documents) to protect Railroad facilities, property and movements of its trains and engines. In general, the Railroad wi ll furnish such personnel or other protective services as follows:

1. When any part of any equipment or object, such as erection or construction activities, is standing or being operated within 25 feet, measured horizontally from centerline, of any track on which trains may operate.

2. For any excavation below the elevation of track subgrade when, in the opinion of the Railroad MTM Representative, the track or other Railroad facilities may be subject to settlement or movement.

3. During any clearing, grubbing, excavation or grading in proximity to Railroad facilities which, in the opinion of the Railroad MTM Representative, may affect Railroad facilities or inhibit operations.

4. During any Contractor’s operations when, in the opinion of the Railroad MTM Representative, the Railroad facilities, including, but not limited to, tracks, buildings, signals, wire lines or pipe lines, may be endangered.

B. The Contractor shall arrange with the Railroad Local Representative to provide the adequate number of flag persons to accomplish the work.

1.17 WALKWAYS REQUIRED

Parallel to the outer side of each exterior track of multiple operated track and on each side of single operated track, an unobstructed continuous space suitable for trainman’s use in walking along trains, extending in width not less than fifteen feet (1 5’) perpendicular from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during working hours must be covered, gu arded and/or protected as soon as practical. Walkways with railings shall be constructed by the Contractor over open excavation areas when in close proximity of track, and railings shall not be closer than 9’ perpendicular from the center line of tangent track or 9’ – 6” horizontal from curved track.

1.18 COMMUNICATIONS AND SIGNAL LINES

If required, the Railroad, at Agency's expense, will rearrange its communications and signal lines, grade crossing warning devices, train signals, tracks and facilities that are in use and maintained by Railroad forces in connection with its operation. This work by the Railroad will be done by its own forces or by contractors under a continuing contract and may or may not be a part of the work under this contr act.

1.19 TRAFFIC CONTROL

The Contractor’s operations which control traffic across or around Railroad facilities shall be coordinated with and approved by the Railroad MTM Representative and shall be in compliance with the MUTCD.

1.20 CONSTRUCTION EXCAVATIONS;CALL BEFORE YOU DIG NUMBER

A. The Contractor shall be required to take special precautions and care in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls or other facilities that require shoring shall comply with requirements of OSHA, AREMA and Railroad “Guidelines for Temporary Shoring”.

B. In addition to calling the “811” number and/or the local “one call center”, the Contractor shall call the Railroad’s “Call Before Your Dig” number at least 48 hours prior to commencing work at 1- 800-336- 9193 during normal business hours (6:30 a.m. to 8:00 p.m. Central Standard Time, Monday through Friday, except holidays - also a 24 hour, 7 day a week number for emergency calls) to determine location of fiber optics. If a telecommunications system is buried anywhere on or near Railroad property, the Contractor will co-ordinate with the Railroad and the Telecommunication Company(ies) to arrange for relocation or other protection of the system prior to beginning any work on or near Railroad property.

The determination of whether fiber optics will be affected by the Project shall be made during the initial design phase of the Project.

C. The Railroad does not allow temporary at grade crossings unless absolutely necessary and there is no alternative route available to contractor to access the project site. Alternative plans should be considered to avoid crossing Railroad tracks at grade.

1.21 RAILROAD FLAGGING
Performance of any work by the Contractor in which person(s) or equipment will be within twenty -five (25) feet of any track, or that any object or equipment extension (such as, but not limited to, a crane boom) will reach within twenty -five (25) feet of any track, require railroad flagging services or other protective measures. The Contractor shall give an advance notice to the Railroad as required in the Contractor’s Right of Entry Agreement before commencing any such work, allowing the Railroad to determine the need for flagging or other protective measures which ensure the safety of Railroad’s operations, employees and equipment. Contractor shall comply with all other requirements regarding flagging services covered by the Contractor’s Right of Entry Agreement. Any costs associated wit h failure to abide by these requirements will be borne by the Contractor.

The estimated pay rate for each flag person is $1,400 per day for a(n) 8-hour work day with time and one-half for overtime, Saturdays, Sundays; double time and one -half for holidays. Flagging rates are set by the Railroad and are subject to change due to, but not limited to, travel time, setup plus, per diem and rest time (if work is required at night).

1.22 CLEANING OF RIGHT-OF-WAY

The Contractor shall, upon completion of the work to be performed within the right-of-way and/or properties of the Railroad and adjacent to its tracks, wire lines and other facilities, promptly remove from the Railroad right-of-way all Contractor’s tools, implements and other materials whether brought upon the right -of-way by the Contractor or any subcontractors employee or agent of Contractor or of any subcontractor, and leave the right-of-way in a clean and presentable condition to the satisfaction of the Railroad.

1.23 CONTRACTOR’S RESPONSIBILITY OF SUPERVISION

The Contractor, at its expense, shall adequately supervise all work to be performed by the Contractor. Such responsibility shall not be lessened or otherwise affected by Railroad’s approval of plans and specifications, or by the presence at the work site of the Railroad Project Representative, Railroad MTM Representative or any other Railroad representative or Railroad contractor providing inspection services, or by the compliance by the Contractor with any requests or recommendations made by such representatives. The Contractor will give due consideration to suggestions and recommendations made by such representatives for the safety and protection of the Railroad’s property and operations.

1.24 USE OF EXPLOSIVES AT PROJECT SITE PROHIBITED

The Contractor’s use of explosives at the Project site is expressly prohibited unless authorized in advance in writing by the Railroad Project Representative.

Contractor's Right of Entry Public Projects
Form Approved 06/01/2021
1 EXHIBIT E
TO

PUBLIC HIGHWAY UNDERPASS 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 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 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 described above subject to the terms and conditions contained in this agreement AGREEMENT:

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

ARTICLE 1 - DEFINITION OF CONTRACTOR.

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

ARTICLE 2 - RIGHT 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 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. 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 s uch Work is performed in a safe manner as set forth in Sec tion 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 compliance by Contrac tor 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. 0586921
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.

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 Railr oad 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. I
f 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 worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad.

Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED

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

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 Rail road 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 O UT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2)

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

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

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

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

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

Section 6. PERMITS - COMPLIANCE WITH LAWS.

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

Section 7. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of 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 RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY.

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

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

Section 9. RESTORATION OF PROPERTY.

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

Section 10. WAIVER OF DEFAULT.

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

Section 11. MODIFICATION - ENTIRE AGREEMENT.

No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This a greement and the exhibits attached hereto and made a part hereof constitute the entire understanding bet ween 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 ass ign or subcontract this a greement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.

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 C G 25 03 03 97 (or a
s
ubstitute 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
.
• M
otor 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 accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.

Other Requirements

G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing 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 Underpass 03/01/13
Standard Form Approved, AVP-Law

EXHIBIT F
TO

PUBLIC HIGHWAY UNDERPASS AGREEMENT
Exhibit F will be the Railroad's form of Public Road Crossing Closure and Removal Agreement.

Public Road Closure
Form Approved - UPRR Law Dept 05/01/2017
UP Real Estate Project No.: 0586921

PUBLIC ROAD CROSSING

CLOSURE AND REMOVAL AGREEMENT
Jurupa Road
DOT
810979D
Mile Po
st 48.24 – Los Angeles Subdivision
Jurupa
Road
DOT 810980X
Mile Po st 0.07 – Crestmore Ind ustrial Lead
Pedley, Riverside County, State of California
THIS CLOSURE AND REMOVAL AGREEMENT ("Agreement") is made and entered into as of ______________ ("Effectiv e Date") by and between UNION PACIFIC RAILROAD COMP ANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad"), the CITY OF JURUPA VALLEY, a municipal corporation of the State of California to be addressed at 8304 Limonite Avenue, Suite M, Jurupa Valley, California 92509 ("City"), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California to be addressed at 3525 14th Street, Riverside, California 92501 ("County"). The City and County are sometimes referenced together as the "City/County.

RECITALS
City/County desires to permanently close the at-grade public road crossings for Jurupa Road, DOT 810979D at Railroad’s Milepost 48.24 on Railroad’s Los Angeles Subdivision, and DOT 810980X at Railroad’s Milepost 0.07 on Railroad’s Crestmore Industrial Lead at or near Pedley, Riverside County, State of California (the "Roadways").

AGREEMENT
NOW THEREFORE, It is m utually agreed by and between
the Railroad and City/County as follows:

SECTION 1. City/County shall take all actions necessary to permanently close and vacate the Roadways, easement and/or any other rights across the Railroad’s property.

SECTION 2. The City/County shall provide the Railroad a copy of the Ordinance or Resolution duly passed and adopted by the City/County that authorizes and directs the permanent closure of the Roadways.

SECTION 3. The Railroad, at Political Body's expens e, further agrees to remove the railroad crossing surfaces and warning devices (crossbuck signs, etc.) which currently exist on the Railroad’s right-o f-way, upon the receipt of the copy of the Or dinance or Resolution.

UNION PACIFIC RAILROAD COMPANY
By: ______________________________
Printed Name: ____________________
Title: ____________________________

RIVERSIDE COUNTY, CALIFORNIA
By: _____________________________
Printed Name: ____________________
Title: ____________________________

CITY OF JURUPA VALLEY,

CALIFORNIA
By: _____________________________
Printed Name: ____________________
Title: ____________________________
SECTION 4.

A. Prior to the Railroad's removal of the crossing surface and warning devices, City/County, at its expense, shall install, maintain, repair and renew permanent barricades on both sides of the Roadways with such barricades to be located off of the Railroad's property and to be in compliance with all applicable standards and guidelines contained in the current Manual on Uniform Tr affic Control Devices ("MUTCD").

B. City/County, at its expense, shall also (i) provide new advance street signs and pavement markings to indicate that the Roadways are closed, with such signage to be in compliance with applicable current MUTCD standards and guidelines, (ii) remove all Roadway approach surfaces up to the track tie ends, (iii) restore drainage, and (iv) require its contractor to execute the Railroad's Contractor's Right of Entry Agreement marked Exhibit A, attached hereto and hereby made a part hereof, and for the contractor to pr ovide to Railroad the insurance policies, certificates and endorsements required therein before allowing any contractor to commence any work on Railroad's property.

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

Public Road Closure
Form Approved - UPRR Law Dept 05/01/2017

EXHIBIT A

Exhibit A will be the Current Form of Contractor’s Right of Entry Agreement Contractor's Right of Entry Public Projects
Form Approved 06/01/2021
1 CONTRACTOR'S

RECITALS:

Contractor has been hired by ___________________________________________________ to per
form work relating to __________________________________________________________ (the “ Work”) with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost __________ on R
ailroad's ______________________________ [Subdivision or Branch] [at or near DOT No. ____________
___ located at or near ____________, in _______________ County, State of ______________, as such location is in the general location shown on the print marked Appendix A, attached
hereto and hereby made a part hereof, which 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 described above subject to the terms and conditions cont ained in this agr eement 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 pur
poses 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.

A
RTICLE 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 egr
ess from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4.

ARTICLE
3 - TERMS AND CONDITIONS CONTAINED IN 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.

ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY 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 to the other party.

ARTICLE 7 - CERTIFICATE O F INSURANCE.

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. 0586921
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.

EXHIBIT “A”

WARNING
IN ALL OCCASIONS, U.P. COMMUNICATIONS

DEPARTMENT MUST BE CONTACTED IN ADVANCE OF

ANY WORK TO DETERMINE EXISTENCE AND
LOCATION OF FIBER OPTIC CABLE.

EXHIBIT “A”

UNION PACIFIC RAILROAD COMPANY

SUBDIVISION: Los Angeles Subdivision
Crestmore Industrial Lead
LICENSEE: City of Jurupa Valley/County of Riverside
RAILROAD MILEPOST: 48.24/0.07
Pedley, Riverside County, California
Project No. 0586921