Agenda packet — Montebello City Council, December 5, 2024 (part 1 of 5)

CITY OF MONTEBELLO

CALL AND NOTICE OF A SPECIAL CITY COUNCIL MEETING AGENDA

THURSDAY, DECEMBER 5, 2024 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

NOTICE IS HEREBY GIVEN that a Special Meeting for the City of Montebello City Council is hereby called to be held on Thursday, December 5, 2024, at 6:00 p.m. at City Hall, Council Chambers, located at 1600 West Beverly Boulevard, Montebello, CA 90640. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 48 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室

RULES OF DECORUM:

Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting. Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.

PUBLIC COMMENTS:

In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may only address the City Council in person the day of the meeting. The public may only address the City Council during this Special Meeting on items which have been described in the notice of this meeting, in accordance with Government Code Section 54954.3(a). Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period; Public Hearing items do not require a speaker card. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per person; staff will number and call each speaker card in the order received.

AGENDA MATERIALS: The agenda/agenda packet are available for public inspection at City’s website at: Agendas, Minutes, and Videos.

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December 5, 2024: Call and Notice of a Special Meeting Page 2 of 5

IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS.

THANK YOU FOR YOUR COOPERATION.

OPENING CEREMONIES

CALL TO ORDER - 6:00 P.M.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
At this time, the general public may only address the City Council during this Special Meeting on items which have been described in the notice of this Special meeting in accordance with Government Code Section 54954.3(a). Please be aware that the maximum time allotted for members of the public to speak on shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda.

Please show courtesy to others and direct all of your comments to the Mayor.

CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Conrad Lopez v. City of Montebello
Case No.: ADJ18859366; ADJ15372036; ADJ15372054; ADJ15596554; ADJ19409461

REGULAR SESSION – IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

CEREMONIAL ITEMS/PRESENTATIONS - NONE

CORRECTIONS TO THE AGENDA - CITY MANAGER

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

REGULAR BUSINESS

2. ADOPT RESOLUTION NO. 24-85, CERTIFICATION OF THE NOVEMBER 5, 2024, GENERAL ELECTION

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the Certification of the Canvass of the Election Returns from the Los Angeles County Registrar-Recorder/County Clerk; and

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December 5, 2024: Call and Notice of a Special Meeting Page 3 of 5

2. Adopt Resolution No. 24–85 reciting the facts of the General Election held on November 5, 2024, declaring the results and such other matters as required by law; and

3. Take such additional, related action that may be desirable.

3. ADOPT RESOLUTION NO. 24-89, DECLARING THE RESULTS OF THE NOVEMBER 5, 2024 MUNICIPAL

RECALL ELECTION

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-89 declaring the results of the November 5, 2024, Municipal Recall Election; and

2. Take such additional, related action that may be desirable.

4. AUTHORIZE THE CITY MANAGER TO EXECUTE THE GRADE CROSSING CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENTS WITH UNION PACIFIC RAILROAD (“UPRR”) AND SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (“SGVCOG”)

RECOMMENDATION: It is recommended that the City Council:

1. Approve the execution of the Grade Crossing Construction, Operation and Maintenance Standard form Agreements (“Agreements”) for South Vail Avenue, South Greenwood Avenue, and Maple Avenue by and between the City of Montebello, Union Pacific Railroad (UPRR) and San Gabriel Valley Council of Governments (SGVCOG) related to the Montebello Avenue Grade Separation Project (“Project”); and

2. Authorize the City Manager to execute the cooperative agreement; and

3. Take such additional, related action that may be desirable.

5. AWARD CONSTRUCTION AGREEMENT NO. 4251 TO HARDY & HARPER, INC. FOR THE FISCAL YEAR 2023-24 SENATE BILL 1 (SB 1) STREET IMPROVEMENT PROJECT (CP 913)

RECOMMENDATION: It is recommended that the City Council:

1. Award Construction Agreement No. 4251 to Hardy & Harper, Inc. for the Fiscal Year 2023-24 SB 1 Street Improvement Project (CP 913) as the most responsive, responsible bidder for the amount of Two Million, Nine-Hundred Twenty-Six Thousand Dollars ($2,926,000); and

2. Approve a 10% construction contingency of $292,600 for any necessary change orders; and

3. Amend the Fiscal Year 2024-25 Capital Improvement Budget by increasing appropriations by $1,200,000 in Account No. 201-30-330-6040.50 (RMRA, Public Works, Engineering, Contract Services - Street Maintenance); and

4. Authorize the City Clerk’s Office to release all-other bidders’ bonds; and

5. Authorize the City Manager to execute Agreement No. 4251 and all applicable change orders in good faith; and

6. Take such additional, related action that may be desirable.

6. AWARD AGREEMENT NO. 4255 TO VOLTAIRE ENGINEERING, INC. FOR THE RIO HONDO RIVER ACCESS IMPROVEMENT PROJECT – PHASE 1: LANDSCAPE AREA (CP 924)

RECOMMENDATION: It is recommended that the City Council:

1. Award Agreement No. 4255 to Voltaire Engineering, Inc. for the Rio Hondo River Access Improvement Project – Phase 1 Landscape Area (CP 924) as the most responsive, responsible bidder in the amount of $397,768 plus a 10% construction contingency of $39,777 for a total contract amount of $437,545; and

2. Authorize the City Clerk’s Office to release all remaining bidders’ bonds; and

3. Authorize the City Manager to execute the construction contract agreement and any subsequent change orders in good faith; and

4. Take such additional, related action that may be desirable.

7. ADOPT RESOLUTION NO. 24-90 ADOPTING AN ARTIFICIAL INTELLIGENCE USE POLICY FOR THE

CITY OF MONTEBELLO

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RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-90 adopting an Artificial Intelligence Use Policy (“AI Policy”) for the City of Montebello; and

2. Take such additional, related action that may be desirable.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any ordinance.

8. ACCEPT THE 2023 STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT THROUGH AGREEMENT NO. 4243 WITH THE COUNTY OF LOS ANGELES AND APPROVE PURCHASE OF VEHICLES AND

RELATED EQUIPMENT

RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to execute Agreement No. 4243 with the County of Los Angeles to accept public safety grant funding in the amount of $96,600 from the 2023 State Homeland Security Program (SHSP); and,

2. Authorize the acceptance of additional grant funding of approximately $450,000 through the 2023 State Homeland Security Program (SHSP) via the City of Santa Monica; and,

3. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $94,000 in Account No. 265-80- 866-6040.10 (Grants, Police, State Homeland Security Program, Other Contract Services [expenditures]), $2,600 in Account No. 265-85-866-6040.10 (Grants, Fire, State Homeland Security Program, Other Contract Services [expenditures]), and $96,600 in Account No. 265-99-4198.18 (Grants, State Homeland Security Program [revenue]); and,

4. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $450,000 in Account No. 265- 85-866-6040.10 (Grants, Fire, State Homeland Security Program, Other Contract Services [expenditures]) and $450,000 in Account No. 265-99-4198.18 (Grants, State Homeland Security Program [revenue]); and,

5. Authorize purchase of vehicles and related equipment as allowed per the State Homeland Security Program (SHSP) grant guidelines utilizing the exceptions to the City's standard purchasing process as allowed by Montebello Municipal Code Section 3.20.050(D) - Conformance with Bidding Procedures-City Council Authorization and

6. Take such additional, related action(s) that may be desirable.

9. REJECT BIDS RECEIVED FOR CONSTRUCTION OF THE SENIOR CENTER REHABILITATION PROJECT (CP 925) IN ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION 22038(A)(1)

RECOMMENDATION: It is recommended that the City Council:

1. Reject all bids received for construction of the Senior Center Rehabilitation Project (CP 925) in accordance with Public Contract Code Section 22038(a)(1); and

2. Authorize the City Clerks office to release bidders’ bonds; and

3. Take such additional, related action that may be desirable.

10. AWARD AGREEMENT NO. 4256 TO HORIZON MECHANICAL CONTRACTORS OF CALIFORNIA FOR THE

IN-WATER POOL LIGHT REPLACEMENT AT GEORGE HENSEL AQUATIC CENTER

RECOMMENDATION: It is recommended that the City Council:

1. Award Agreement No. 4256 to Horizon Mechanical Contractors of California for the in-water pool light replacement at George Hensel Aquatic Center (“Aquatics Center”) in a total not-to-exceed amount of Eighty-Six Thousand, Four Hundred and Eighty-Eight Dollars ($86,488); and

2. Authorize the City Manager to execute Agreement No. 4256 in good faith; and

3. Take such additional, related action that may be desirable.

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December 5, 2024: Call and Notice of a Special Meeting Page 5 of 5

11. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4257 TO G&J NEON SIGNS INC. FOR

INSTALLATION OF A LED SIGN AT MONTEBELLO CITY HALL

RECOMMENDATION: It is recommended that the City Council:

1. Award Professional Services Agreement No. 4257 to G&J Neon Signs Inc., for the Installation of a LED Sign at Montebello City Hall in a total not-to-exceed amount of One Hundred Seven Thousand, Fifteen Dollars ($107,015) in response to Request for Proposal (“RFP”) No. 24-19; and

2. Authorize the City Manager to execute and finalize agreement No. 4257 with G&J Neon Signs Inc.; and

3. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $107,015 in Account No. 100- 70-700-6040.60 (General Fund, Parks and Recreation, Administration, Contract Services Building Maintenance and Repair); and,

4. Take such additional, related action that may be desirable.

12. APPROVE PURCHASE OF TWO 2025 FORD POLICE INTERCEPTOR VEHICLES

RECOMMENDATION: It is recommended that the City Council:

1. Approve purchase of two (2) 2025 Ford Police Interceptor vehicles; and

2. Authorize purchase of the vehicles utilizing a Sourcewell Cooperative Purchasing Agreement with Olathe Ford Sales, Inc. (supplier) as permitted by Montebello Municipal Code Section 3.20.050(F); and

3. Authorize the City Manager to execute the procurement through the Sourcewell Cooperative Purchasing Agreement; and

4. Take such additional, related, action that may be desirable.

13. APPROVE LEASE AGREEMENT NO. 4258 WITH LOS ANGELES COUNTY FOR USE OF THE HOLIFIELD

PARK LIBRARY

RECOMMENDATION: It is recommended that the City Council:

1. Approve Lease Agreement No 4258 with Los Angeles County for a five-year term for use of the Holifield Park Library; and

2. Authorize the City Manager to negotiate final terms and execute the Agreement on behalf of the City; and

3. Take such additional, related action that may be desirable.

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on Wednesday, December 11, 2024, at 6:00 p.m., which can be live-streamed at https://www.montebelloca.gov (Click on Live Stream).

Date and Posted: December 4, 2024, at 6:00 p.m.

I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that the foregoing Notice of the Special Meeting was posted at City Hall and the City’s website and delivered to each member of the City of Montebello City Council no less than 24-hours before the start of the Special Meeting.

Kimberly Guillen, Senior Deputy City Clerk

EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet.

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ITEM # 2

CITY OF MONTEBELLO

SPECIAL CITY COUNCIL AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members

FROM:

Raul Alvarez, City Manager

BY:

Kimberly Guillen, Senior Deputy City Clerk
Samantha Nevarez, Management Analyst

SUBJECT:

ADOPT RESOLUTION NO. 24-85, CERTIFICATION OF THE
NOVEMBER 5, 2024, GENERAL ELECTION

DATE:

December 5, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Receive and file the Certification of the Canvass of the Election Returns from the Los Angeles County Registrar-Recorder/County Clerk; and

2. Adopt Resolution No. 24–85 reciting the facts of the General Election held on November 5, 2024, declaring the results and such other matters as required by law; and

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

The County has not yet invoiced the City for the election costs. The Fiscal Year 2024-25 adopted budget includes $180,000 for the General Election.

BACKGROUND/DISCUSSION:

Pursuant to Elections Code Section 15308, and City of Montebello Resolution No. 24-85, the City of Montebello City Clerk’s Office has submitted the Official Canvass Certificate, and the Official Statement of Votes cast by Precinct for the City of Montebello’s General Election held on November 5, 2024.

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SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

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The Los Angeles County Registrar of Voters provided certification and canvass information on December 3, 2024, declaring the results of the election. Pursuant to Elections Code Sections 10262 and 10264, the City Council is requesting to adopt the attached Resolution No. 24-85, reciting the results of the General Election held on November 5, 2024.

It is particularly noted that Elections Code section 10263 states as follows:

10263 "Upon the completion of the canvass and before installing the new officers, the governing body shall adopt a resolution reciting the fact of the elections and the other matters that are enumerated in Section 10264. The governing body shall declare elected the persons for whom the highest number of votes were cast for each office."

Therefore, the adoption of the attached resolution is a ministerial duty of the City Counc il, which means the council does not have the discretion to any disagreements with the election results.

As a result of the certification of the attached election results, the following individuals have been elected to serve in the following positions on the Montebello City Council:

DISTRICT 2 – Scarlet Peralta

DISTRICT 4 – David Torres

Additionally, the following individual has been elected to serve the following specified position:

CITY CLERK - Christopher Jimenez

ENVIRONMENTAL IMPACT:

N/A

ANALYSIS:

N/A

SUMMARY:

Adopt Resolution No. 24–85 reciting the results of the General Election held on November 5, 2024.

ATTACHMENT(S)

1. Attachment A - Resolution No. 24-85 Declaring Election Results - Final

NEXT STEPS:

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SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

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N/A

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RESOLUTION NO. 24-85

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MONTEBELLO RECITING THE FACT OF
THE GENERAL ELECTION HELD ON NOVEMBER 5,
2024, DECLARING THE RESULTS AND SUCH

OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Election was held and conducted in the City of Montebello, California, on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 24-59 dated July 24, 2024, the County Elections Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit “A”.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the whole number of ballots cast throughout the City in the precincts except absent voter ballots was 29,452.

That the whole number of absent voter ballots cast throughout the City was 23,445; making a total of 52,897 ballots cast in the City. This total ballots includes all ballots cast in all five (5) districts in the City.

SECTION 2. That the names of persons voted for at the election for Member of the City Council, Districts 2 and 4, are as follows:

District 2:

Scarlet Peralta
Jack Hadjinian
District 4:

David Torres
Joellaann Valdez

ATTACHMENT A

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RESOLUTION NO. 24-85

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SECTION 3. That the names of the person voted for at the election for At-Large City Clerk are as follows:

Christopher Jimenez

SECTION 4. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named, for the respective offices for which the persons were candidates, were as listed in Exhibit “A” attached. Exhibit “A” provides a breakdown and summary of ballots cast for each district in the City.

SECTION 5. The City Council does declare and determine that SCARLET PERALTA was elected as a Member of the City Council, District 2 for the full term of four (4) years; DAVID TORRES was elected as a Member of the City Council, District 4 for the full term of four (4) years; and CHRISTOPHER JIMENEZ was elected as City Clerk for the full term of four (4) years.

SECTION 6. The Senior Deputy City Clerk shall enter into the record of the City Council of the City, a statement of the results of the election showing: (1) the whole number of ballots cast in the City; (2) the names of the persons voted for; (3) for what office each person was voted for; and (4) the total number of votes given to each person.

SECTION 7. That the Senior Deputy City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Cons titution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 8. That the Senior Deputy City Clerk shall certify the passage and adoption of this resolution.

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RESOLUTION NO. 24-85

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PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF DECEMBER 2024. ___________________________________
Scarlet Peralta, Mayor
ATTEST: APPROVED AS TO FORM:

Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 24-85 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a Special Meeting of said Council held on the 5th day of December 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk
Exhibit(s):
• Exhibit A – Official Canvas Certificate and Statement of Votes Cast

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EXHIBIT A

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COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION

62.1 -Page-
143
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION Member of the City Council, 2nd District

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

JACK HADJINIAN

SCARLET PERALTA

MONTEBELLO - 4450001B*
1 0
1 VOTE BY MAIL SERIAL 6822
11 6
4 TOTAL
17 12
6 5
MONTEBELLO - 4450001C*
4 1
2 VOTE BY MAIL SERIAL 6823
9 2
6 TOTAL
16 13
3 8
MONTEBELLO - 4450003A*
384
105
235
VOTE BY MAIL SERIAL 6824
886
169
664
TOTAL
2,065
1,270
274
899
MONTEBELLO - 4450004A
685
193
421
VOTE BY MAIL SERIAL 0528
1,942
505
1,271
TOTAL
4,157
2,627
698
1,692
MONTEBELLO - 4450014C*
81 19
54 VOTE BY MAIL SERIAL 6826
275
62 183
TOTAL
549
356
81 237
MONTEBELLO - 4450049A*
0 0
0 VOTE BY MAIL SERIAL 6831
9 4
5 TOTAL
11 9
4 5
MONTEBELLO - 4450050A*
0 0
0 VOTE BY MAIL SERIAL 6832
3 0
3 TOTAL
6 3
0 3

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COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION

62.2 -Page-
144
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION Member of the City Council, 2nd District

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

JACK HADJINIAN

SCARLET PERALTA

PRECINCT TOTAL
1,155
318
713

VBM TOTAL
3,135
748
2,136

GRAND TOTAL
6,821
4,290
1,066
2,849

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COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION

63.1 -Page-
145
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION Member of the City Council, 4th District

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

DAVID N TORRES

JOELLAANN VALDEZ

MONTEBELLO - 4450015D*
30 17
13 VOTE BY MAIL SERIAL 6827
51 30
20 TOTAL
135
81 47
33 MONTEBELLO - 4450017A
623
290
251
VOTE BY MAIL SERIAL 0530
1,439
686
598
TOTAL
3,332
2,062
976
849
MONTEBELLO - 4450032A
657
305
263
VOTE BY MAIL SERIAL 0532
1,390
684
578
TOTAL
3,331
2,047
989
841

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COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION

63.2 -Page-
146
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION Member of the City Council, 4th District

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

DAVID N TORRES

JOELLAANN VALDEZ

PRECINCT TOTAL
1,310
612
527

VBM TOTAL
2,880
1,400
1,196

GRAND TOTAL
6,798
4,190
2,012
1,723

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COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION

64.1 -Page-
147

CITY OF MONTEBELLO RECALL ELECTION

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast
YES
NO

MONTEBELLO - 4450036A
550
303
195
VOTE BY MAIL SERIAL 0533
1,240
698
455
TOTAL
2,870
1,790
1,001
650
MONTEBELLO - 4450042A
662
400
205
VOTE BY MAIL SERIAL 0534
1,010
617
300
TOTAL
2,813
1,672
1,017
505

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COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION

64.2 -Page-
148

CITY OF MONTEBELLO RECALL ELECTION

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast
YES
NO

PRECINCT TOTAL
1,212
703
400

VBM TOTAL
2,250
1,315
755

GRAND TOTAL
5,683
3,462
2,018
1,155

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COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION
188.1
-Page-
795
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION City Clerk

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

C JIMENEZ

MONTEBELLO - 4450001B*
1 1
VOTE BY MAIL SERIAL 6822
11 9
TOTAL
17 12
10 MONTEBELLO - 4450001C*
4 2
VOTE BY MAIL SERIAL 6823
9 5
TOTAL
16 13
7 MONTEBELLO - 4450003A*
384
289
VOTE BY MAIL SERIAL 6824
886
693
TOTAL
2,065
1,270
982
MONTEBELLO - 4450004A
685
513
VOTE BY MAIL SERIAL 0528
1,942
1,431
TOTAL
4,157
2,627
1,944
MONTEBELLO - 4450005A
565
385
VOTE BY MAIL SERIAL 0529
1,316
970
TOTAL
3,315
1,881
1,355
MONTEBELLO - 4450010A*
217
138
VOTE BY MAIL SERIAL 6825
999
627
TOTAL
1,700
1,216
765
MONTEBELLO - 4450014C*
81 53
VOTE BY MAIL SERIAL 6826
275
201
TOTAL
549
356
254
MONTEBELLO - 4450015D*
30 24
VOTE BY MAIL SERIAL 6827
51 44
TOTAL
135
81 68
MONTEBELLO - 4450017A
623
427
VOTE BY MAIL SERIAL 0530
1,439
1,097
TOTAL
3,332
2,062
1,524
MONTEBELLO - 4450025A
547
356
VOTE BY MAIL SERIAL 0531
1,688
1,177
TOTAL
3,185
2,235
1,533
MONTEBELLO - 4450027A*
3 2
VOTE BY MAIL SERIAL 6828
1 0
TOTAL
4 4
2 MONTEBELLO - 4450031A*
328
233
VOTE BY MAIL SERIAL 6830
560
455
TOTAL
1,586
888
688
MONTEBELLO - 4450032A
657
488
VOTE BY MAIL SERIAL 0532
1,390
1,081
TOTAL
3,331
2,047
1,569
MONTEBELLO - 4450036A
550
390
VOTE BY MAIL SERIAL 0533
1,240
985
TOTAL
2,870
1,790
1,375

Page 20 of 684 ends

COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION
188.2
-Page-
796
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION City Clerk

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

C JIMENEZ

MONTEBELLO - 4450042A
662
477
VOTE BY MAIL SERIAL 0534
1,010
766
TOTAL
2,813
1,672
1,243
MONTEBELLO - 4450049A*
0 0
VOTE BY MAIL SERIAL 6831
9 6
TOTAL
11 9
6 MONTEBELLO - 4450050A*
0 0
VOTE BY MAIL SERIAL 6832
3 3
TOTAL
6 3
3 MONTEBELLO - 4450074A
444
304
VOTE BY MAIL SERIAL 0535
1,424
952
TOTAL
2,759
1,868
1,256
MONTEBELLO - 4450093A*
284
187
VOTE BY MAIL SERIAL 6833
927
646
TOTAL
1,744
1,211
833

Page 21 of 684 ends

COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION
188.3
-Page-
797
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION City Clerk

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

C JIMENEZ

PRECINCT TOTAL
6,065
4,269

VBM TOTAL
15,180
11,148

GRAND TOTAL
33,595
21,245
15,417

Page 22 of 684 ends

ITEM # 3

CITY OF MONTEBELLO

SPECIAL CITY COUNCIL AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members

FROM:

Raul Alvarez, City Manager

BY:

Kimberly Guillen, Senior Deputy City Clerk

SUBJECT:

ADOPT RESOLUTION NO. 24-89, DECLARING THE RESULTS OF THE NOVEMBER 5, 2024 MUNICIPAL RECALL ELECTION

DATE:

December 5, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 24-89 declaring the results of the November 5, 2024, Municipal Recall Election; and

2. Take such additional, related action that may be desirable.

FISCAL IMPACT:

There is no fiscal impact to the recommended actions.

BACKGROUND/DISCUSSION:

On July 2, 2024, local proponents seeking the removal of Councilmember Angie Jimenez filed a recall petition with the City of Montebello City Clerk's Office. After the City Clerk's Office accepted the recall petition for filing, the petition was referred to the Los Angeles County Registrar of Voters, who conducted formal signature verification with official County voter records. The verification determined that the petition contained sufficient voter signatures to qualify for recall for the ballot.

At the July 24, 2024 City Council Meeting, pursuant to California Elections Code sections 11224 and 11227, the Senior Deputy City Clerk/elections official submitted to the City

Page 23 of 684 ends

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

Page 2 of 2 ends

Council a certificate of sufficiency for the petition and indicating that the recall has qualified for the ballot. The City Council also adopted the required resolutions to schedule a recall election in conjunction with the November 5, 2024 General Election.

ENVIRONMENTAL IMPACT:

N/A

ANALYSIS:

A Recall Election was held in conjunction with the November 5, 2024, General Election to ask Montebello District 5 voters whether Councilmember Angie Jimenez should be removed from the Montebello City Council. The Los Angeles County Registrar-Recorder/ County Clerk has completed the canvassing of the results, and the appropriate resolution has been prepared for adoption. The results are attached as Attachment A to the above- entitled Resolution and indicate that Councilmember Angie Jimenez has been recalled from the City Council.

It is particularly noted that Elections Code sections 11328 and 10263 state as follows:

"A recall election shall be conducted, canvassed, and the results declared in substantially the manner provided by law for a regular election for the office."

Therefore, the adoption of the attached resolution is a ministerial duty of the City Council, which means the City Council does not have the discretion to any disagreements with the election results.

SUMMARY:

Staff recommends that the City Council approve Resolution No. 24-89 declaring the results of the November 5, 2024 Municipal Recall Election and take any other related actions that may be desirable.

As a result of the voters of District 5 voting to recall Councilmember Angie Jimenez, she is removed from office and the office of Councilmember for District 5 for the City of Montebello is deemed vacant effective December 5, 2024.

ATTACHMENT(S)

1. Attachment A - Resolution No. 24-89 Declaring the Results of the Recall Election

NEXT STEPS:

N/A

Page 24 of 684 ends

ATTACHMENT A
RESOLUTION NO. 24-89

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO,

CALIFORNIA, RECITING THE FACTS OF THE MONTEBELLO RECALL ELECTION HELD ON NOVEMBER 5, 2024, FOR THE SUBMISSION OF THE QUESTION OF

RECALL OF COUNCILMEMBER JIMENEZ, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

WHEREAS, a Recall Election was held and conducted in the City of Montebello, California, on Tuesday, November 5, 2024, for the submission of a question of the recall of City Councilmember Angie Jimenez; as required by law; WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting centers were properly established; that election officers were appointed and that in all respects the election was held and conducted and the voters were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; and
WHEREAS, the Los Angeles Registrar-Recorder/ County Clerk canvassed the returns of the election and has certified the results of the recall election to this City Council, the results are received, attached, and made a part hereof as “Exhibit A.”

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTEBELLO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. That the Recall Election was held for the purpose of submitting to the voters of the City the following question:

Shall Angie Jimenz be recalled (removed) from the office of City Councilmember, District 5?
YES
NO

SECTION 3. That the number of voters given at each precinct and the number of voters given in the City for and against the question were listed in “Exhibit A” attached.

SECTION 4. That the City Council does declare and determine that: As a result of the election, a majority of the voters voting on the question did vote in favor of removing Councilmember Angie Jimenez from office and that Councilmember Angie Jimenez was recalled from the office of Montebello City Councilmember District 5.

SECTION 5. The Senior Deputy City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election: (1) The whole number of votes (ballots) cast in the City; (2) The recall question voted upon; (3) The number of

Page 25 of 684 ends

RESOLUTION NO. 24-89

Page 2 of 3 ends

votes given at each precinct for and against the recall question and (4) The total number of votes given for and against the recall question.

SECTION 6. As a result of the voters of District 5 voting to recall Councilmember Angie Jimenez, she is removed from office and the office of Councilmember for District 5 for the City of Montebello is deemed vacant effective the date below.

SECTION 7. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 8. Severability. If any provision of this Resolution or the application thereof to any circumstance is held invalid, such invalidity shall not affect other provisions or the applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 9. Effective Date. This Resolution shall become effective immediately.

APPROVED AND ADOPTED THIS 5TH DAY OF DECEMBER 2024.

Scarlet Peralta, Mayor

ATTEST: APPROVED AS TO FORM:

Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 24 -89 was passed

Page 26 of 684 ends

RESOLUTION NO. 24-89

Page 3 of 3 ends

and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a Special Meeting of said Council held on the 5th day of December 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

DATE:

Christopher Jimenez, City Clerk

Exhibit(s):
• Exhibit A – Official Canvas Certificate and Statement of Votes Cast

Page 27 of 684 ends

EXHIBIT A

Page 28 of 684 ends

Page 29 of 684 ends

COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION

62.1 -Page-
143
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION Member of the City Council, 2nd District

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

JACK HADJINIAN

SCARLET PERALTA

Page 30 of 684 ends

COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION

62.2 -Page-
144
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION Member of the City Council, 2nd District

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

JACK HADJINIAN

SCARLET PERALTA

PRECINCT TOTAL
1,155
318
713

VBM TOTAL
3,135
748
2,136

GRAND TOTAL
6,821
4,290
1,066
2,849

Page 31 of 684 ends

COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION

63.1 -Page-
145
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION Member of the City Council, 4th District

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

DAVID N TORRES

JOELLAANN VALDEZ

Page 32 of 684 ends

COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION

63.2 -Page-
146
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION Member of the City Council, 4th District

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

DAVID N TORRES

JOELLAANN VALDEZ

PRECINCT TOTAL
1,310
612
527

VBM TOTAL
2,880
1,400
1,196

GRAND TOTAL
6,798
4,190
2,012
1,723

Page 33 of 684 ends

COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION

64.1 -Page-
147

CITY OF MONTEBELLO RECALL ELECTION

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast
YES
NO

Page 34 of 684 ends

COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION

64.2 -Page-
148

CITY OF MONTEBELLO RECALL ELECTION

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast
YES
NO

PRECINCT TOTAL
1,212
703
400

VBM TOTAL
2,250
1,315
755

GRAND TOTAL
5,683
3,462
2,018
1,155

Page 35 of 684 ends

COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION
188.1
-Page-
795
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION City Clerk

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

C JIMENEZ

Page 36 of 684 ends

COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION
188.2
-Page-
796
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION City Clerk

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

C JIMENEZ

Page 37 of 684 ends

COUNTY OF LOS ANGELES
11/05/24

GENERAL ELECTION
188.3
-Page-
797
MONTEBELLO CITY GENERAL MUNICIPAL ELECTION City Clerk

FINAL OFFICIAL V
2 STATEMENT OF VOTES CAST

BY PRECINCT
Location
Registration
Ballots
Cast

C JIMENEZ

PRECINCT TOTAL
6,065
4,269

VBM TOTAL
15,180
11,148

GRAND TOTAL
33,595
21,245
15,417

Page 38 of 684 ends

ITEM # 4

CITY OF MONTEBELLO

SPECIAL CITY COUNCIL AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members

FROM:

Raul Alvarez, City Manager

BY:

Cesar Roldan, Director of Public Works

SUBJECT:

AUTHORIZE THE CITY MANAGER TO EXECUTE THE GRADE

CROSSING CONSTRUCTION, OPERATION AND MAINTENANCE
AGREEMENTS WITH UNION PACIFIC RAILROAD (“UPRR”) AND SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (“SGVCOG”)

DATE:

December 5, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

2. Authorize the City Manager to execute the cooperative agreement; and

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

Union Pacific Railroad (UPRR) operates and maintains automatic warning devices at grade crossings as required under Title 49, Parts 212 and 234 of the Code of Federal Regulations (CFR). The maintenance cost of automatic grade crossing warning devices and controls shall be at the local agency’s (e.g., City of Montebello) sole cost and expense.

Page 39 of 684 ends

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

Page 2 of 3 ends

The estimated costs for maintenance at the three crossings is $106,292 annually:
$23,930 for the rail crossing at South Vail Avenue at the Union Pacific Railroad (UPRR) tracks, $33,390 for the rail crossing at South Greenwood Avenue at the UPRR tracks, and $48,972 for the rail crossing at Maple Avenue at the UPRR tracks. At this time, it us unknown as to when these annual maintenance costs will commence. However, the $106,292 in annual expenses wil be charged to Local Return Funds Proposition C fund. Staff will coordinate with UPRR on when these maintenance expenses will begin, and future budgets will be developed to included appropriations the Proposition C fund (Fund 215). There is no budgetary impact related to the execution of these agreements to the FY 2024-25 budget.

BACKGROUND/DISCUSSION:

SGVCOG, Alameda Corridor-East Construction Authority (ACE), and the City executed Agreement No. 1816 on February 15, 2000 for the construction of the Montebello Boulevard Grade Separation Project. SGVCOG, UPRR, and the City executed the Montebello Boulevard Underpass Construction, Operation and Maintenance Standard form Agreement on September 27, 2022, which further solidified the intent to construct the Project.

UPRR installs, operates, and maintains the traffic control devices located at railroad crossings. SGVCOG utilized Moffet & Nicol (engineering design firm) to design the crossings at South Vail Avenue, South Greenwood Avenue, and Maple Avenue. Design includes traffic control devices, and current Federal and State guidelines place maintenance responsibilities for devices located in the railroad right-of-way with the railroad. However, Federal and State guidelines place the responsibility for the cost to maintain the traffic control devices with the City.

Maintenance-sharing between UPRR and the City is included in the three attached Construction and Maintenance agreements. Noted in the agreements are the responsibility of UPRR to maintain the active warning systems within the railroad right- of-way, though it does require the local jurisdiction (City) to assume the added maintenance cost for treatments installed to obtain the Quiet Zone. Actual maintenance costs will be budgeted for in subsequent budgets, utilizing Local Return Funds Proposition C funding.

Staff recommend authorizing the City Manager to execute Agreement Nos. 0573798, 0650290, and 0660639.

ENVIRONMENTAL IMPACT:

N/A

ANALYSIS:

N/A

Page 40 of 684 ends

SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024

Page 3 of 3 ends

SUMMARY:

Staff recommends authorizing the City Manager to execute the Grade Crossing Construction, Operation and Maintenance Standard form Agreements (“Agreements”) for South Vail Avenue, South Greenwood Avenue, and Maple Avenue by and between the City of Montebello, UPRR, and SGVCOG related to the Montebello Avenue Grade Separation Project (“Project”). The estimated annual maintenance costs of $106,292 to be paid by the City are not due yet. Staff will work with UPRR to estimate when these expenses will commence and appropriations will be included in the Proposition C Fund (Fund 215) in future budgets.

ATTACHMENT(S)

1. Attachment A - Agreement 0573798 Public Highway At Grade Signal Surface (South Vail Ave) DOT 811077C Montebello CA

2. Attachment B - Agreement 0650290 Public Highway At Grade Signal Surface (South Greenwood Ave) DOT 811075N

3. Attachment C - Agreement 0660639 Public Highway At Grade Signal Surface (Maple Ave) DOT 811076V

NEXT STEPS:

N/A

Page 41 of 684 ends

ATTACHMENT A

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4259

WITH SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS & UNION PACIFIC

COMPANY

Page 42 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

SOUTH VAIL AVENUE GRADE CROSSING

CONSTRUCTION, OPERATION AND MAINTENANCE

STANDARD FORM AGREEMENT

THIS AGREEMENT, made this 5 th day of DECEMBER, 2024, is by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, hereinafter termed the "UNION PACIFIC", the SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, a joint powers authority of the State of California, hereinafter termed "SGVCOG", the CITY OF MONTEBELLO, a political subdivision of the State of California, hereinafter termed the "LOCAL AGENCY" in furtherance of the ALAMEDA CORRIDOR – EAST PROJECT.

R E C I T A L S

UNION PACIFIC is a railroad corporation operating throughout the State of California and is engaged in local freight train movements over its Los Angeles Subdivision and Alhambra Subdivision main lines in the San Gabriel Valley area of Los Angeles County. SGVCOG was tasked with overseeing the Alameda Corridor - East Project (the "Project"), which includes improvement of at-grade street, road and highway crossings of UNION PACIFIC’s main lines in the valley. The LOCAL AGENCY has primary responsibility for the operation and maintenance of streets and roads within its jurisdictional limits, including the South Vail Avenue at-grade crossing of one of the UNION PACIFIC main lines identified by the California Public Utilities Commission (“CPUC”) by Crossing No. 003 – 7.8 (Los Angeles Subdivision) and DOT No. 811077C.

Page 43 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

The LOCAL AGENCY and SGVCOG desire to undertake improvements to the designated grade crossing (the “Improvements”) as shown in attached Exhibit A.

SGVCOG has already executed an agreement with the LOCAL AGENCY authorizing SGVCOG to obtain approvals and permits from UNION PACIFIC on the LOCAL AGENCY’s behalf for design and construction of the Improvements within the LOCAL AGENCY’s jurisdiction. That agreement allows the LOCAL AGENCY and SGVCOG to jointly negotiate an agreement with UNION PACIFIC for construction, operation and maintenance of the Improvements. SGVCOG (by virtue of an internal reorganization completed in January 2018) has succeeded to all contracts entered into by its former administrative subsidiary known as the Alameda Corridor – East Construction Authority, including but not limited to that certain Master Agreement Construction, Operation and Maintenance of Highway - Railroad Underpass, dated December 4, 2001 (the "Master Agreement") entered into with UNION PACIFIC for construction, operation and maintenance of all Project Improvements.

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

Page 44 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

AGREEMENT

ARTICLE 1. GRANT OF RIGHT

1.01 Grant of right to construct and maintain Improvements: In consideration of SGVCOG’s and LOCAL AGENCY’s agreement to perform and abide by the covenants, terms and conditions of this Agreement, including Exhibits A, A-1, B, C, D, and E which are attached hereto and hereby made a part hereof, and in consideration of the sum of Thirty Seven Thousand, Three Hundred Seventy Five Dollars ($37,375.00) to be paid solely by the SGVCOG to UNION PACIFIC upon the execution and delivery of this Agreement, and in further consideration of the SGVCOG and the LOCAL AGENCY’s agreement to perform and comply with the terms of this Agreement, UNION PACIFIC hereby grants to SGVCOG, and to the LOCAL AGENCY to the extent necessary, the right to construct, operate, maintain, repair, rehabilitate and replace the Improvements shown in Exhibit A-1 (the “Crossing Area”).

1.02 Grant of Right-of-Way: Where the Improvements include Project Elements such as new sidewalks or street widening that require the permanent use of additional UNION PACIFIC property outside existing dedicated roadway encroachments, such additional property is shown in attached Exhibit A-1.

1.03 Interpretation of Exhibits B: The term “Political Body” as used in Exhibit B shall be construed to mean both SGVCOG and the LOCAL AGENCY, collectively, except as the one is distinguished from the other within this Agreement. If there is a conflict between terms of this Agreement and Exhibit B, this Agreement shall take precedence.

ARTICLE 2. CONSTRUCTION - WORK TO BE PERFORMED BY UNION PACIFIC

2.01 Work to be performed by UNION PACIFIC: UNION PACIFIC shall perform the railroad work to the extent identified as UPRR work on Exhibit A or described in Exhibit C at the sole cost and expense of SGVCOG. UNION PACIFIC shall make any and all changes, alterations or relocations, whether temporary or permanent, and may provide flagging using UNION PACIFIC personnel or approved third party

Page 45 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

flagging services and other protective services and devices, which in UNION PACIFIC’s judgment may be or may become necessary or expedient because of the Improvements. Such work shall include, without limitation: (1) rearrangement, renewal and replacement of automatic grade crossing warning devices, train detection constant warning time devices and track circuits, and any railroad related signal and railroad communications facilities, and; (2) installation of manufactured grade crossing surface panels, crosstie and track hardware changeout as may be necessary for the Improvement as shown in greater detail in Exhibit A and on final plans submitted by SGVCOG and approved by UNION PACIFIC. The estimated costs of UNION PACIFIC’s work are shown in Exhibit C and said costs have been estimated using and will be billed in accordance with all applicable Federal regulatory requirements. All of UNION PACIFIC's costs incurred in performing such work as detailed in this section shall be reimbursed by SGVCOG.

ARTICLE 3. CONSTRUCTION - WORK TO BE PERFORMED BY SGVCOG

3.01 Work to be performed by SGVCOG: SGVCOG, at SGVCOG's sole cost and expense, shall do all work described in UNION PACIFIC’s 100% approved plans for the Improvements, and as shown in Exhibit A including site preparation; construction of pavement, sidewalk, drainage structures, curb and gutter; installation of traffic control striping, signage, signals, signal controllers; and design and initial programming of traffic signal controllers, except for the work UNION PACIFIC herein agrees to do as shown in Section 2.01 above, as shown on Exhibit A or described on Exhibit C. If SGVCOG or it’s contractor needs to bring any borrowed material onto the job site to accomplish such grading and embankment work, the borrowed material shall be first tested by SGVCOG or it’s contractor, at SGVCOG’s sole expense, to determine if the borrowed material is acceptable to UNION PACIFIC including, without limitation, ensuring (1) that the borrowed material meets specifications and standards provided by UNION PACIFIC to SGVCOG and (2) that the borrowed 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.

Page 46 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

3.02 If work is to be performed by contractor: SGVCOG shall require any and all of SGVCOG’s prime contractors to complete, submit and have executed a UNION PACIFIC right-of-entry agreement as shown in Exhibit B, prior to prime contractor’s entry on to UNION PACIFIC property. SGVCOG will require its prime contractors to maintain an active and valid right-of-entry permit throughout the entire period of the prime contractors’ activity on or occupancy of UNION PACIFIC right-of-way.

SGVCOG will further require that each prime contractor obtain subcontractor acknowledgement that the terms of the right of entry permit apply equally to all subcontractors.

3.03 Insurance: SGVCOG shall cause SGVCOG's contractors to procure the insurance required pursuant to Exhibit B and to provide (and maintain the validity of) certificates of insurance issued by their insurance carriers evidencing such required insurance coverage. The certificates of insurance shall indicate that the insurance policies contain endorsements specifically naming Union Pacific Railroad Company, Southern California Regional Rail Authority and the National Railroad Passenger Corporation as additionally- insured entities with respect to all liabilities arising out of Insured’s performance of the work required for construction of the Improvements. SGVCOG shall forward copies of such certificates of insurance to be provided hereunder to UNION PACIFIC prior to entry onto UNION PACIFIC property by the SGVCOG contractor required to obtain such insurance pursuant to Exhibit B.

ARTICLE 4. OPERATION AND MAINTENANCE OF THE IMPROVEMENTS

4.01 By UNION PACIFIC: UNION PACIFIC shall operate and maintain automatic warning devices at the grade crossings as required under Title 49, Parts 212 and 234 of the Code of Federal Regulations. The maintenance cost of automatic grade crossing warning devices and controls shall be at LOCAL AGENCY's sole cost and expense. UNION PACIFIC will, at its expense, maintain those portions of the crossing surfaces lying between the rails and two feet outside of the rails, parallel to the track; and roadway pavement between any two tracks 15 feet or less apart.

Page 47 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

4.02 By SGVCOG and LOCAL AGENCY: SGVCOG shall operate and maintain any portion of the Improvements, including streetlighting, pavement, sidewalks, curb and gutter, raised medians, and traffic striping and signage within the UNION PACIFIC right-of-way other than specified to be maintained by UNION PACIFIC in above Section 4.01, until such time as SGVCOG transfers and the LOCAL AGENCY accepts all such obligations including the ownership, operational and maintenance responsibilities for the Improvements as provided for in the SGVCOG – LOCAL AGENCY agreement. Further, SGVCOG will operate and maintain traffic signal, traffic signal controllers and controller programming installed or modified as part of the Improvements until such time as SGVCOG transfers and the LOCAL AGENCY accepts ownership, operational and maintenance responsibilities for these facilities.

SGVCOG will notify UNION PACIFIC in writing when SGVCOG transfers and the LOCAL AGENCY accepts any operational and maintenance responsibilities under this subsection.

4.03 Railroad Preemption of Traffic Signals - Maintenance of Programming:

Where automatic grade crossing warning signals and adjacent traffic signals are electrically interconnected to provide railroad preemption of traffic signal operations, UNION PACIFIC and the LOCAL AGENCY will post in their respective signal control shelters or cabinets a notice similar to attached Exhibit D. The LOCAL AGENCY shall maintain any traffic signal - grade crossing signal interconnection conduit and wiring on UNION PACIFIC's right-of-way up to UNION PACIFIC's signal shelters or cabinets. The LOCAL AGENCY shall notify and obtain a right-of-entry from UNION PACIFIC prior to maintenance of conduit or wiring on UNION PACIFIC property. The LOCAL AGENCY will periodically check that the preemption of the traffic signals by the grade crossing warning system is working as designed, in accordance with the railroad preemption recommendations contained in The State of California Department of Transportation's Traffic Manual . Before changing traffic light operation or phasing which could affect the duration or phasing of railroad preemption the LOCAL AGENCY will notify and consult with UNION PACIFIC, and UNION PACIFIC will notify and consult with the LOCAL AGENCY prior to making any changes in railroad crossing warning signal advance warning time.

Page 48 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

ARTICLE 5. FUTURE RECONSTRUCTION OR ALTERATION OF THE IMPROVEMENTS

5.01 Apportionment of future reconstruction or alteration expenses:
(a) Upon Completion of the Improvements, the LOCAL AGENCY will be the owner of the facilities constructed by UNION PACIFIC under this Agreement, including the highway traffic control devices, and at no cost to UNION PACIFIC, will maintain the Improvements in compliance with CPUC General Order No. 72-B. If the crossing closes, the highway traffic control devices will be returned to the LOCAL AGENCY or disposed of by UNION PACIFIC at UNION PACIFIC’s sole discretion. (b) UNION PACIFIC will inspect and test the Signal System at the LOCAL AGENCY’s expense pursuant to the attached Exhibit E. UNION PACIFIC will perform the work for the end of life replacement via the antiquated equipment program at the LOCAL AGENCY’s sole expense.
(c) For the purposes of apportioning costs of any future reconstruction or alteration of the grade crossings which are Improvements as defined herein, if the LOCAL AGENCY and UNION PACIFIC both agree that the road surface, approaches, and/or road crossing panels need to be replaced or repaired, UNION PACIFIC, at UNION PACIFIC’s expense, shall install the road crossing panels between the track tie ends.

The LOCAL AGENCY, at the LOCAL AGENCY’s expense, shall replace or repair the road surface outside the track tie ends, including the approaches, and between tracks if there is more than one railroad track across the Crossing Area. If the LOCAL AGENCY and UNION PACIFIC do not both agree that the road surface, approaches, and/or road crossing panels need to be replaced or repaired, the requesting party shall fund 100%.
(d) If the highway traffic control devices or their appurtenances installed are damaged by highway traffic, the LOCAL AGENCY will cooperate with UNION PACIFIC in determining the location and identification of the parties responsible for such damage to the extent of making accident records available to UNION PACIFIC. If after a diligent effort by UNION PACIFIC , documented in writing, the cost to repair or replace the highway traffic control devices proves uncollectible from the person or persons responsible for such damage, the apportionment of the cost to repair or replace the highway traffic control devices will be at the LOCAL AGENCY’s expense.

Page 49 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

(e) Prior to the LOCAL AGENCY or its Contractor performing and any subsequent maintenance and repair work within the Crossing Area, the LOCAL AGENCY or its Contractor shall adhere to UNION PACIFIC’s then current maintenance request procedures.

ARTICLE 6. MUTUAL INDEMNIFICATION AND HOLD HARMLESS CALUSES

6.01 By SGVCOG: Neither UNION PACIFIC nor the LOCAL AGENCY, nor any of their respective board members, elected officials, shareholders, officers, employees, agents, or contractors shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SGVCOG or its prime or subcontractors under or in connection with any work, authority or jurisdiction assigned or delegated to SGVCOG under this Agreement. The parties understand and agree that SGVCOG shall fully indemnify, defend and hold UNION PACIFIC and the LOCAL AGENCY, and their respective board members, elected officials, shareholders, officers, employees, agents, and contractors harmless from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), or claims imposed for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage occurring by reason of any acts or omissions on the part of SGVCOG or its board, officers, employees, agents, contractors, subcontractors or volunteers under or in connection with any work, authority or jurisdiction assigned or delegated to SGVCOG under this Agreement. This indemnity shall survive termination of this Agreement.

6.02 By UNION PACIFIC: Neither SGVCOG nor the LOCAL AGENCY, or any of their respective board members, elected officials, officers, employees, agents, contractors, or volunteers shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of UNION PACIFIC under or in connection with any work, authority or jurisdiction assigned or delegated to UNION PACIFIC under this Agreement. The parties understand and agree that UNION PACIFIC shall fully indemnify, defend and hold SGVCOG and the LOCAL AGENCY, and their respective board members, elected officials, officers, employees, agents,

Page 50 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

contractors, and volunteers harmless from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), or claims imposed for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage occurring by reason of any acts or omissions on the part of UNION PACIFIC, or its board, shareholders, officers, employees, agents, or contractors under or in connection with any work, authority or jurisdiction assigned or delegated to UNION PACIFIC under this Agreement. This indemnity shall survive termination of this Agreement. The obligations of UNION PACIFIC under this subsection 6.02 shall not in any manner apply to or be enforced or invoked by any consultants, prime contractors or subcontractors of SGVCOG or the LOCAL AGENCY, and the rights and obligations of UNION PACIFIC and such entities shall be governed exclusively by the terms of the right of entry agreements executed by such entities in order to gain access to UNION PACIFIC property.

6.03. By LOCAL AGENCY: Neither UNION PACIFIC nor SGVCOG, or any of their respective board members, elected officials, shareholders, officers, employees, agents, or contractors shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of the LOCAL AGENCY under or in connection with any work, authority or jurisdiction assigned or delegated to the LOCAL AGENCY under this Agreement. The parties understand and agree that the LOCAL AGENCY shall fully indemnify, defend and hold UNION PACIFIC and SGVCOG, and their respective board members, elected officials, shareholders, officers, employees, agents, and contractors harmless from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), or claims imposed for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage occurring by reason of any acts or omissions on the part of the LOCAL AGENCY, its elected officials, officers, employees, agents, prime contractors, subcontractors or volunteers under or in connection with any work, authority or jurisdiction assigned or delegated to the LOCAL AGENCY under this Agreement. This indemnity shall survive termination of this Agreement.

Page 51 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

ARTICLE 7. TERM

7.01 This Agreement shall become effective as of the Effective Date and shall continue in full force and effect until terminated by mutual consent by the parties.

Article 8. SUCCESSORS AND ASSIGNS

8.01 The covenants and provisions of the foregoing instrument shall be binding upon and inure to the benefit of the successors and assigns of UNION PACIFIC, SGVCOG and the LOCAL AGENCY.

*** Signature page to follow ***

Page 52 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year first above written.

CITY OF MONTEBELLO UNION PACIFIC RAILROAD COMPANY

By: By:

Its Its

SAN GABRIEL VALLEY COUNCIL

OF GOVERNMENTS
By:

Its Executive Director

Page 53 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

LIST OF EXHIBITS TO BE ATTACHED TO SOUTH VAIL AVENUE GRADE CROSSING

STANDARD FORM AGREEMENT

Exhibit A: Three (3) 11” x 17” plan sheets prepared by SGVCOG showing a general plan view of the Improvements, and any cross-sectional or profile grade line changes of the roadways.

Exhibit A-1: One (1) 11” x 17” plan sheet prepared by SGVCOG showing the Crossing Area.

Exhibits B: UNION PACIFIC’s Current Form of Contractor’s Right of Entry.

Exhibit C: UNION PACIFIC’s estimate of its force account, material and equipment costs for construction of the Improvements.

Exhibit D: Automatic grade crossing warning signal - traffic signal interconnection Exhibit E: The annual signal maintenance fee

Page 54 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

EXHIBIT A

Page 55 of 684 ends

1 1.0'
104
Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

TRACK
2 3 4 5 6
CL 12.0' 1.0' 1.0' 104 CONSTRUCTION NOTES
INSTALL 12X8.125'

REMOVAL AND INSTALL NEW RR SIGNAL HOUSE

EG-AGGREGATE

MATERIAL

ARM LENGTH 102

8.3' (TYP)

103

2.25' 2.25'

16 2'X3'

70 16
50 60
70 101
102
103
104
2' WIDE DETECTABLE WARNING STRIP
4' HIGH CHAIN LINK FENCE PER SPPWC STD PLAN 600-2

RIVER COBBLE
6" THICK PCC SIDEWALK PER UPRR GUIDANCE FOR SIDEWALK IMPROVEMENTS ACCESS GATE, SEE SHEET C-524 FOR DETAILS
GATE PER CPUC STD NO.9 - BY UPRR FORCES
SWING GATE PER SCRRA STD DWG ES4002
PICKET RAILING, SEE SHEET C-524 FOR DETAILS

INSTALL 11X8.125'
CONC. PANEL BY UPRR
CONC. PANEL BY UPRR

SEE DETAIL 1

SEE DETAIL 2

BY UPRR FORCES

101 2X7'

104

2.0' 16 2'X6'
103
SEE DETAIL 1

DETAIL 1 - TYPICAL SIDEWALK PEDESTRIAN

GATE CROSSING

NOT TO SCALE

5.00' 5.00'
70 102

UPRR
R/W

101

16.00'

104

C
192.12 LIP
203+39.22

203+73.76
193.74 LIP
193.09 FL
203+87.58
194.16 LIP

194.29 LIP

203+94.55 194.98 TC

GATE ARM LENGTH = 28.1' ,

204+63.00

204+88.00
193.88 FS
204+75.00
C
193.48 FS
205+11.04
202+00 203+00 192.81 TC
192.14 FS 194.31 FS INSTALLATION TO BE DONE 194.45 FS

BY UPRR FORCES
194.25 FS 194.09 FS 194.15 TC
193.48 CF

(12+00) (13+00)
VAIL AVE.
204+00 205+00
(14+00) (15+00)
204+43.55
195.11 TC

11.00'
203+39.22
192.85 TC
192.08 FS
192.13 FS

194.10 LIP
193.68 LIP
203+96.14
194.95 TC
194.28 FS
194.32 LIP
194.44 CF

194.42 FS

204+45.14
195.09 TC
194.42 CF

194.11 FS

193.87 FS

193.61 FS

205+11.04
193.86 TC
193.19 CF
193.15 FS

PROPO
SED
STREET
LIGHT

11.00' 4.30'

GATE ARM LENGTH = 18.6' ,

INSTALLATION TO BE DONE

BY UPRR FORCES

DRIVEWAY SEE
DWG C-522

50 RELOCATE EX.

STREET LIGHT

RELOCATE EX. MWD

AIR RELEASE VALVE

END PANEL

5'-4"

HOT MIX ASPHALTIC

CONCRETE AT END PANEL

LEGEND

TACTILE WARNING SURFACE
UPRR
R/W

SH 8' X 10' SIGNAL HOUSE

NOTES:

UP TRACK CL

FOR COORDINATES OF BOLLARDS,

SEE APPENDIX A-A

BALLAST

RIVER COBBLE
CV 4'-0" X 4'-0" X 4'-0" CONCRETE VAULT
10" X 17" X 12" CONCRETE PULL BOX

1. REFERENCE SHEET CD-521 FOR VAIL AVENUE HORIZONTAL.

FOR STRIPING, MARKING AND SIGNING, SEE SHEET TS-102.

10' 0'

10'

20'

A
Underground Service Alert
DETAIL 2 - PAVING AT END PANEL

NOT TO SCALE

PLANS PREPARED BY:
6" PCC W/ SWIRLED FINISH

AC PAVEMENT

REVISIONS
# 4" SCH 80 PVC CONDUIT AND CONDUIT NUMBER
(QUANTITIES AS SHOWN)
# 4" SCH 40 PVC CONDUIT AND CONDUIT NUMBER
(QUANTITIES AS SHOWN)
BENCH MARK:

2. FOR ROADWAY ALIGNMENT SEE SHEET C-522.

APPROVALS
SCALE: 1''=10'

SAN GABRIEL VALLEY
Call: TOLL FREE

1-800-227-2600

Keith Gillfillan

MOFFATT & NICHOL
4225 E. Conant Street
Long Beach, CA 90808
Tel: (562) 590-6500

DATE:

01/20/2023
No. DATE BY DESCRIPTION APP'D BY DATE LOS ANGELES COUNTY BENCH MARK:

LY10677

ELEVATION: 186.852 (NAVD88, YEAR

DIVISION
DESIGN

TRAFFIC

RIGHT OF WAY

BY DATE

COUNCIL OF GOVERNMENTS

VAIL AVENUE INTERIM AT-GRADE SAFETY IMPROVEMENTS

TWO WORKING DAYS

BEFORE YOU DIG

NO.
*
30434
*

CIVIL

UNDER THE SUPERVISION OF:

08/07/2023

BCR AT SOUTHEAST CORNER OF

GARFIELD AVE & FERGUSON DRIVE

UTILITIES

PROJECT MANAGER

APPROVED

IN THE CITY OF MONTEBELLO

CONSTRUCTION DETAILS
NAME RCE # 30434 DATE: A 07/07/23 KG ISSUED FOR CONSTRUCTION -- CONFORMED SET CHIEF ENGINEER RCE # DATE 08/07/2023 PROJECT NO. IFC 15-02 DWG C-523 SHEET 6 OF 14 PS-DF 5/99
1 2 3 4 5 6
104

16.00'
103
102

41.48'

5.25'

27.64'

5.25'

1.0'
MINES AVE.

5.00'
CADD PROJECT FILE NAME: P-1502-C-523.DWG
12/4/2023 TIME: 1:45 PM DATE:

4.5'

6.0' 2.25' 2.25' 3.0'
1'
27' 4'
14'
18' 4' 23'
D
LEVELED 2005)
DRAWN BY: WX DATE: 01/20/2023
CHECKED BY: RB DATE: 01/20/2023 L&T IN SOUTH CURB 0.5 FT EAST OF

Page 56 of 684 ends

502 584
1 Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF 2 3 4 5 6

D D

C C

OVER
40 FT LONG

ONLY

LEFT
LANE
ENDS
2 TRACKS

R9-3

B USE

CROSSWALK

R9-3bP(RT)

HERE ON
RED

R10-6(RT)
STOP

HERE ON
RED

R3-4
STOP
ON
TRACKS
R8-8

R3-8(MOD)
R R

W10-1

R9-3bP(LT) R3-18 R10-6(LT) R4-7 R3-1(BLANK OUT) OM1-3

A
Underground Service Alert
Call: TOLL FREE
1-800-227-2600

LIN Consulting, Inc.

No.

DATE BY

DESCRIPTION

REVISIONS

APP'D BY

DATE

BENCH MARK:

LOS ANGELES COUNTY BENCH MARK:

LY10677

DIVISION
DESIGN

TRAFFIC

APPROVALS

BY DATE
A

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS-ACE

TWO WORKING DAYS

BEFORE YOU DIG
DESIGNED BY:

DRAWN BY:

CHECKED BY:

RYAN WOO

STEVEN HAK

RAY KOMMIDI
DATE:

DATE:

DATE:
09/30/2022
09/30/2022
09/30/2022
ELEVATION: 186.852 (NAVD88, YEAR
LEVELED 2005)

L&T IN SOUTH CURB 0.5 FT EAST OF

RIGHT OF WAY

UTILITIES

PROJECT MANAGER

VAIL AVENUE INTERIM AT-GRADE SAFETY IMPROVEMENTS IN THE CITY OF MONTEBELLO

TRAFFIC SIGNAL INSTALLATION PLAN
UNDER THE SUPERVISION OF:

07/05/23

BCR AT SOUTHEAST CORNER OF

GARFIELD AVE & FERGUSON DRIVE

APPROVED

VAIL AVENUE AND MINES AVENUE (DETOUR)
NAME RCE # 76481 DATE A 07/07/23 RK ISSUED FOR CONSTRUCTION - CONFORMED SET CHIEF ENGINEER RCE # DATE 07/07/2023 PROJECT NO. IFC 15-02 DWG TZ-108 SHEET 9 OF 14 PS-DF 5/99
1 2 3 4 5 6
CADD PROJECT FILE NAME:

TIME: DATE:

R20D-4(CA)(40') R3-1 R3-2 R5-2 R3-5(RT) W9-1 W48(CA)(2)

USE STOP

DO NOT

Page 57 of 684 ends

522 584
1 Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF 2 3 4 5 6

LINE & CURVE DATA

NO. Length Bearing/Delta Radius
1 30.86 18°28'55" 95.66
2 18.15 11°08'30" 93.32
3 4.71 180°00'00" 1.50
4 17.56 11°08'13" 90.32
D 5 31.99 18°17'53" 100.17 D

UPRR
R/W

204+87.79
C @ 1.00 RT
194.61 TC
193.94 CF

205+18.29
@ 3.65 LT
193.90 TC
193.23 CF
205+35.77
@ 7.11 LT
193.47 TC
192.70 CF

VAIL AVE.

204+00 205+00
(14+00) (15+00)

204+87.79
@ 5.00 RT
194.32 TC
193.65 CF

205+19.12
@ 0.77 LT
193.98 TC
193.31 CF

(193.11 FS)

205+36.16
@ 4.14 LT
193.51 TC
192.84 CF
206+00
(16+00)

VAIL AVE.

B B

UPRR
R/W

UP TRACK CL

FOR COORDINATES OF BOLLARDS,

SEE APPENDIX A-A

LEGEND

AC PAVEMENT
NOTES:

1. REFERENCE SHEET CD-531 FOR VAIL AVENUE HORIZONTAL.

FOR STRIPING, MARKING AND SIGNING, SEE SHEET TS-120.

10' 0' 10' 20'

SCALE: 1''=10'

RIVER COBBLE
A
Underground Service Alert
Call: TOLL FREE

1-800-227-2600

Keith Gillfillan

PLANS PREPARED BY:

MOFFATT & NICHOL
4225 E. Conant Street
Long Beach, CA 90808
Tel: (562) 590-6500

DATE:

01/20/2023

No.

DATE BY

DESCRIPTION

REVISIONS

APP'D BY

DATE

BENCH MARK:

LOS ANGELES COUNTY BENCH MARK:

LY10677

ELEVATION: 186.852 (NAVD88, YEAR

DIVISION
DESIGN

TRAFFIC

RIGHT OF WAY

APPROVALS

BY DATE

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS

VAIL AVENUE ULTIMATE AT-GRADE SAFETY IMPROVEMENTS

TWO WORKING DAYS

BEFORE YOU DIG

NO.
*
30434
*

CIVIL

UNDER THE SUPERVISION OF:

08/07/2023

BCR AT SOUTHEAST CORNER OF

GARFIELD AVE & FERGUSON DRIVE

UTILITIES

PROJECT MANAGER

APPROVED

IN THE CITY OF MONTEBELLO

CONSTRUCTION DETAILS
NAME RCE # 30434 DATE: A 07/07/23 KG ISSUED FOR CONSTRUCTION -- CONFORMED SET CHIEF ENGINEER RCE # DATE 08/07/2023 PROJECT NO. IFC 15-02 DWG C-532 SHEET 5 OF 12 PS-DF 5/99
1 2 3 4 5 6
CADD PROJECT FILE NAME: P-1502-C-532.DWG
11/28/2023 TIME: 11:40 AM DATE:

LEVELED 2005)
DRAWN BY: WX DATE: 01/20/2023
CHECKED BY: RB DATE: 01/20/2023 L&T IN SOUTH CURB 0.5 FT EAST OF

Page 58 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF 1 2 3 4 5

D D

UPRR R/W

PROPOSED ADDITIONAL FOOT PRINT

EXISTING FOOT PRINT
Proposed + Existing Footprint = CROSSING AREA

C C

UPRR C/L

VAIL CONSTRUCTION

LAYOUT LINE

UPRR R/W
B

VAIL C/L

EXISTING R/W PUBLIC USE FOOT PRINT

EXISTING (SF) PROPOSED

ADDITIONAL (SF)

EXISTING R/W
5,289 453

1100'

XX0'

X1X0' 20'

A PLAN - UPRR PUBLIC USE FOOT PRINT
SCALE: 1" = 10'
SCALE: 1''=10'
A

VAIL AVE CROSSSING
DOT NO. 811077C

7.80 LOS ANGELES SUB

DATE:

UPRR PUBLIC USE FOOT PRINT A-1

Q:\LB\9003-03\CADD\_Active\Exhibit\2023-07-18-PUBLIC USE EXHIBITS - UPRR\Exh-Vail-Public-Use-v1-No-Panels-v1a.dwg 01/17/2024 VAIL AVENUE

SHEET 1 OF 1
1 2 3 4 5

Page 59 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

EXHIBIT B
TO

CROSSING AGREEMENT

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT

THIS AGREEMENT is made and entered into as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a
("Contractor").

RECITALS:
corporation

Contractor has been hired by to
perform work relating to (the “Work”)
with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision or Branch] [at or near DOT No. located at or near , in County, State of ,
as such location is in the general location shown on the print marked Exhibit A , attached hereto and hereby made a part hereof, which Work is the subject of a contract dated between Railroad and .

Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement

AGREEMENT:

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

ARTICLE 1 - DEFINITION OF CONTRACTOR.

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

ARTICLE 2 - RIGHT GRANTED; PURPOSE.

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

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

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

Page 60 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVES.

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

B. Contractor shall coordinate all of its Work with the following Railroad representatives or their duly authorized representative (the "Railroad Representatives"):

MTM: PM:

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

ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.

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

ARTICLE 6 - TERM; TERMINATION.

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

B. This agreement may be terminated by either party on ten (10) days written notice to the other party.

ARTICLE 7 - CERTIFICATE OF INSURANCE.

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

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

C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit B.

D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement. 2

Page 61 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to:

Union Pacific Railroad Company
[Insert mailing address]

Attn:

Project No. 0573798
ARTICLE 8 - PRECONSTRUCTION MEETING.

If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) Union Pacific’s Third Party Flagging Policy at the link provided here: www.up.com/flagging ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE.

At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property.

ARTICLE 10. ADMINISTRATIVE FEE.

Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement.

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

A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.

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

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.

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Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

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

UNION PACIFIC RAILROAD COMPANY

By:

Title:

(Name of Contractor)

By:

Name:

Title:

Phone:

E-Mail:

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Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT

Exhibit A will be a print showing the general location of the work site.

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Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF 1 2 3 4 5

D D

UPRR R/W

PROPOSED ADDITIONAL FOOT PRINT

EXISTING FOOT PRINT
Proposed + Existing Footprint = CROSSING AREA

C C

UPRR C/L

VAIL CONSTRUCTION

LAYOUT LINE

UPRR R/W
B

VAIL C/L

EXISTING R/W PUBLIC USE FOOT PRINT

EXISTING (SF) PROPOSED

ADDITIONAL (SF)

EXISTING R/W
5,289 453

1100'

XX0'

X1X0' 20'

A PLAN - UPRR PUBLIC USE FOOT PRINT
SCALE: 1" = 10'
SCALE: 1''=10'
A

VAIL AVE CROSSSING
DOT NO. 811077C

7.80 LOS ANGELES SUB

DATE:

UPRR PUBLIC USE FOOT PRINT A

Q:\LB\9003-03\CADD\_Active\Exhibit\2023-07-18-PUBLIC USE EXHIBITS - UPRR\Exh-Vail-Public-Use-v1-No-Panels-v1a.dwg 01/17/2024 VAIL AVENUE

SHEET 1 OF 1
1 2 3 4 5

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Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

EXHIBIT B
TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.

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

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

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

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

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

F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on 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 1

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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 twenty - five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.

B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to 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.

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Section 4. LIENS.

Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.

Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.

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

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

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

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

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

INJURY TO OR DEATH OF ANY PERSON 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 located at the below web address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's own forces.

As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor

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determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property.

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

B. 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 www.up.com/up-pat. This training is required to be completed annually.

C. 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.

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

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

Section 8. INDEMNITY.

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

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

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

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

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

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

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

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

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

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

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

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

CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. 4

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

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

WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY

TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY.

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

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

Section 9. RESTORATION OF PROPERTY.

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

Section 10. WAIVER OF DEFAULT.

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

Section 11. MODIFICATION - ENTIRE AGREEMENT.

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

Section 12. ASSIGNMENT - SUBCONTRACTING.

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

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EXHIBIT C
TO

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site 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 agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD

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

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

I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or 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.

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

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

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EXHIBIT C

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Material And

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF orce Account Estimate
SCVCOG
Estimate Number: 146850 Version: 1

Standard Rates: Labor Additive = 252.18%
Estimate Good Until 12/26/24

Location: LOS ANGELES SUB, NO 1, 7.78-7.82
Description of Work: 811077C S Vail Ave Montebello CA 7.8 Los Angeles Sub Prepared For: SGVCOG
Buy America: Yes
COMMENTS FACILITY Description QTY UOM

ENGINEERING

UCST

LABOR

MATERIAL

TOTAL

UP %0

Agcy %100
Engineering 1 LS 56,558.00 56,558 0 56,558 0 56,558
Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Foreign Line Freight - Track Surface RECOLLECT 1 LS 2,445.22 0 2,445 2,445 0 2,445

TRACK CONSTRUCTION - COMPANY
Sub-Total = 56,558 4,245 60,803 0 60,803
Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 0 11,450 RDXING RDXING 136# CON10W PP PAN COMPLETE 184 TF 1,013.80 106,837 79,702 186,539 0 186,539 TRACK 136# CWRIS0 24-8'6" PPHWD N 16 TP 56 TF 1,024.81 41,632 15,758 57,390 0 57,390

TRACK REMOVAL - COMPANY
Sub-Total = 159,919 95,460 255,379 0 255,379
RDXING Remove road crossing - concrete 184 TF 108.89 20,036 0 20,036 0 20,036 TRACK Remove Track 56 TF 42.27 2,367 0 2,367 0 2,367

EQUIPMENT RENTAL
Sub-Total = 22,404 0 22,404 0 22,404
Equipment Rental 1 LS 25,000.00 0 25,000 25,000 0 25,000 Sub-Total = 0 25,000 25,000 0 25,000
Total Wgt. in Tons = 813 Totals = 238,880 124,706 363,586 0 363,586 Grand Total =

$363,586

Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, SCVCOG will pay actual construction costs at the current rates effective thereof.

Tuesday, December 26, 2023 Page 1 of 1

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Material And

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF orce Account Estimate

Estimate Creation Date: 05/15/2024 Number: 148550 Version: 1 Estimate Good Until 05/15/25
Location: LOS ANGELES SUB, NO 1, 2.85-10.73
Buy America: Yes

Description of Work: MONTEBELLO, CA - SOUTH VAIL AVE - MP.7.80 - LOS ANGELES SUB - DOT# 811077C - WO# 72858 - PID# 105000 - 100% RECOLLECTABLE

COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL
Cost

SIGNAL
Xing - 2 Trk CWE w/Gates 1 EA 152,876.00 48,800 104,076 152,876 MP.7.15 Xing - 2 Trk Remote CWE and
House
1 EA 75,404.00 21,200 54,204 75,404
Xing - Preemption Circuit
(Existing Location)
1 LS 7,726.00 4,800 2,926 7,726
Xing - Contract Services for
Preempt Cutover
1 LS 30,000.00 0 30,000 30,000
Xing - Pedestrian Gates (pair) 1 EA 57,283.00 22,393 34,890 57,283 Xing - Track Card (Main and
Stand-by) New Cable
2 EA 12,889.00 12,000 13,778 25,778
Xing - Dax (Modules And 1000'
Cable)
2 EA 9,732.00 10,000 9,464 19,464
Xing - Dax Cable 1000' 2 EA 6,440.00 8,000 4,880 12,880 Xing - Remove Location (Gates) 1 LS 2,000.00 2,000 0 2,000 FLAGGERS Xing - Misc. 1 LS 20,000.00 0 20,000 20,000
FENCING Xing - Misc. 1 LS 14,000.00 0 14,000 14,000
10% LABOR CONTINGENCY Xing - Misc. 1 LS 42,244.00 42,243 1 42,244 Gang Day - 5 Man 2 EA 7,500.00 15,000 0 15,000
Xing - Engineering Design 1 LS 40,375.00 40,375 0 40,375 Xing - Boring 1 LS 40,000.00 0 40,000 40,000
Xing - Fill/Rock/Gravel 1 LS 3,000.00 0 3,000 3,000
Xing - Meter Service 2 LS 5,000.00 0 10,000 10,000

FEDERAL W/ OVERHEAD
228.88%
Xing - Labor Additive 1 LS 422,439.00 422,439 0 422,439 Sub-Total = 649,250 341,219 990,469

Totals = 649,250 341,219 990,469

Grand Total = $990,469
This is a preliminary estimate, intended to provide a ballpark cost to determine whether a proposed project warrants further study. This estimate is not to be used for budget authority. Quantities and costs are estimated using readily available information and experience with similar projects. Site conditions and changes in project scope and design may result in significant cost variance.

Wednesday, May 15, 2024 Page 1 of 1

Page 76 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

EXHIBIT D

Page 77 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

PRIME WARNING TIME= 26 SECONDS
PREEMPT WARNING TIME= 50 SECONDS
6,491' 25+5+3(C.T.l+22CPRElSEC.© 79 M.P.H. j L 6,491'25+5+3(C.T.)+22(PRE)SEC.© 79 M.P.H.

BOTH TRACKS7 r BOTH TRACKS I DAX/PRE
DAX TO S. VAIL AVE.
◄ PRE-DAX TO S. VAIL AVE.
◄
POK (SEE STD DWG 930000 SERIES S i 4 SEMI-BI
lO.OKHZ V 156HZ
----.-- 6' 8 DAX TO S.GREENWOOD AVE. ►
PRE-DAX TO S.GREENWOOD AVE.►

MAPLE AVENUE
25' 2 M.P. 8.00

400'
.<.... I.. 15'
4 430HZ s .
a
...
)
... S W 800'0 L I
(f)
+
• ■ ■ I
f) ( 0 TRACK 1
r
4 r
R/I /8 0 © © ©lg
f-- ...... f--
f- 0:: (f) 25' (f)
f--
t
f-- u © © u
w TRACK 2
r r
...... R/t:c B w z z z f- 0:: ■ ■ z 0 N N NBS 430HZ s 0 u 15' W/800'0 L u II II
45400'
5 DA TO . V L AVE.
◄ PR DAX TO . V L AVE.
◄
SE2MI5-BZcc SEMIz-B

1. KHZ 1
D TO . G EN DOD VE. ►
PR DAX TO . G EN 000 VE.►
i I.J.
144 ' +98'+ 30

NOTES:

Q9= TWISTED WIRES
INSULATED 1 TWIST PER FT.

ALL TRACK WIRES 2C.'"6

TRANSMITTER AND RECEIVER LEADS
TO BE SEPARATED BY AT LEAST 12"IN TRENCH,

LENGTHS SHOULD NOT EXCEED MANUFACTURER'S
RECOMMENDATION.

TOP OF FOUNDATION TO BE AT SAME ELEVATION

AS THE SURFACE OF THE TRAVELED WAY & NO
MORE THAN 4"ABOVE THE SURFACE OF THE GROUND.

ALL BUNGALOW WIRING TO BE '"16 AWG FLEX

UNLESS OTHERWISE SPECIFIED EXCEPT ALL GROUND
WIRE TO BE '"6 AWG FLEX OR LARGER.

ALL WIRING IN GATE MECHANISM TO BE '"10 "AWG FLEX".

REFER TO UP STANDARD DWG FOR BUNGALOW GROUNDING.

PORTABLE GENERATOR EXTENSION CORO MA ERIA OT S;OELE EU ON ell FOR 240V TO 240V IS PROVIDED AS WELL
AS A 120V TO 240V ADAPTER.

V 6 8 AL MINUM C IN
SEE 930000-SERIES STANDARD DRAWINGS U.P.P T tt 0-0 85 FOR SMART RECTIFIER/POK/WMS CIRCUITS AS APPLICABLE.

ALL LIGHTS TO BE 1211 ROUNDELS.

ONS UCTION NO S:
= 411 X 270'CONDUIT
LIGHTS: LED LIGHTS 1 0 DE IN ALL TAB 9 5 PO LIGH ER TA OARD A IN 935582UP.
xx= BELL I ROJ T WIL E IN TALLED IN ON UNCT ON
TRK 1 ISLAND DISTANCE 184' MINIMUM 120'REQUIRED OFFSET AND ISLAND DISTANCES W H PROJ TS OC N
ED AT
7 AP
59 AVEN <WO 72862)
TO BE VERIFIED BY FIELD & S.G EN 000 VE (WO 28 )
TRK 2 ISLAND DISTANCE 184' MINIMUM 120'REQUIRED 3. SALL A SEC ITY FE E ARO ND E NEW BIN W(Sl◄ 0 ►E<Nl

PREFERRED ISLAND WIRE CONNECTIONS NEW EI
ARE A MINIMUM 50'FROM EDGE OF ROAD
ed: 2 24
ALL s ED
GA s e C
P.R
A
w • 8

I / LS AM

MOD FICA TION L EVEL

CIRCUIT

MODIFICATIONS

ARE NOT TO BE

MADE WITHOUT

AUTHORITY FROM

THE OFFICE OF

SIGNAL DESIGN
DATE: 01/24/24 u ION lPACIJrIC RAILROAD

MONTEBELLO, CALIFORNIA
S. VAIL A VENUE

LOS ANGELES SUBDIVISION
SH. I
O. A. LAST LEVEL CHECKED ow
DOT 811077C DES: OLS LAST LEVEL MOO THIS TYPICAL ow
LAST LEVEL BY DESIGNER ow CHK: JAP M.P. 7.80
CHANGED FROM TYPICAL?
REY 05/16/23 4K 2TKUGTYP,IX
y
A.F.E. 72858 ID= 65780. Off,c of Sr P Engin ring 1gnal TC Omaha,Nebraska

Page 78 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

EXHIBIT E

Page 79 of 684 ends

Docusign Envelope ID: FF38BF44-30E4-44F7-A44C-AC7AC9F3A6EF

AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS

ESTIMATED MAINTENANCE COSTS

FOR PID # 105000

BY THE UNION PACIFIC RAILROAD

STREET SOUTH VAIL AVE

TOWN MONTEBELLO
MILEPOST 7.8

SUBDIVISION LOS ANGELES
AAR/DOT NO. 811077C
WORK ORDER# 72858

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

SUPERIMPOSED CIRCUIT(AFTAC) / 2 0 0

DETECTION LOOP
HIGHWAY GRADE CROSSING SIGNAL 2 6 12
(FRONT LIGHTS)
ADDITIONAL PAIR OF LIGHTS 1 6 6
(OTHER THAN FRONT LIGHTS)
GATE MECHANISM, AUTOMATIC 8 4 32
WITH ARM UP TO 26 FT
GATE MECHANISM, AUTOMATIC 10 0 0
WITH ARM OVER 26 FT
GCP/HXP (constant warning device, per track circuit) 15 2 30 EXIT GATE MANAGEMENT SYSTEM RACK* 10 0 0
MOVEMENT DETECTOR (PMD) 6 0 0
MOVEMENT DETECTOR (STANDBY UNIT) 3 0 0
RADIO DATA LINK, PER UNIT 1 0 0
PREEMPTION CIRCUIT 2 1 2
DATA RECORDER 1 0 0
REMOTE MONITORING DEVICE (SEAR, ETC)* 2 1 2
BONDED RAIL JOINTS (per mile, each rail, single bonded) 1 0 0 BATTERY AND CHARGER (per set) 1 2 2

TOTAL UNIT COUNT 86
PAVEMENT RESTORATION COSTS (Actual)
Annual Maintenance Cost at $278.25/Unit $23,930

*UP supplied Unit Value

October 17, 2024

Page 80 of 684 ends

Certificate Of Completion
Envelope Id: FF38BF4430E444F7A44CAC7AC9F3A6EF
Status: Completed
Subject: Complete with Docusign: 0573798 Public Highway At Grade Signal Surface (South Vail Ave) DOT 811...

Source Envelope:

Document Pages: 38
Signatures: 1
Envelope Originator:

Certificate Pages: 2
Initials: 0
Esmeralda Yzguerra
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1333 S. Mayflower Avenue
Suite 360
Monrovia, CA 91016
[email protected]
IP Address: 47.176.246.3
Record Tracking
Status: Original
10/24/2024 9:06:09 AM
Holder: Esmeralda Yzguerra
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Marisa Creter
[email protected]
Executive Director
San Gabriel Valley Council of Governments
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 45.48.243.50
Sent: 10/24/2024 9:08:19 AM
Viewed: 10/24/2024 9:12:03 AM
Signed: 10/24/2024 9:12:09 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Esmeralda Yzguerra
[email protected]
Management Analyst
San Gabriel Valley Council of Governments
Security Level: Email, Account Authentication
(None)
Sent: 10/24/2024 9:12:12 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Carrie Inciong
[email protected]
Senior Project Manager
Security Level: Email, Account Authentication
(None)
Sent: 10/24/2024 9:12:13 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events
Signature
Timestamp

Page 81 of 684 ends

Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
10/24/2024 9:08:19 AM
Certified Delivered
Security Checked
10/24/2024 9:12:03 AM
Signing Complete
Security Checked
10/24/2024 9:12:09 AM
Completed
Security Checked
10/24/2024 9:12:13 AM
Payment Events
Status
Timestamps

Page 82 of 684 ends

ATTACHMENT B

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4260

WITH SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS & UNION PACIFIC

COMPANY

Page 83 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

SOUTH GREENWOOD AVENUE GRADE CROSSING

CONSTRUCTION, OPERATION AND MAINTENANCE

STANDARD FORM AGREEMENT

R E C I T A L S

UNION PACIFIC is a railroad corporation operating throughout the State of California and is engaged in local freight train movements over its Los Angeles Subdivision and Alhambra Subdivision main lines in the San Gabriel Valley area of Los Angeles County. SGVCOG was tasked with overseeing the Alameda Corridor - East Project (the "Project"), which includes improvement of at-grade street, road and highway crossings of UNION PACIFIC’s main lines in the valley. The LOCAL AGENCY has primary responsibility for the operation and maintenance of streets and roads within its jurisdictional limits, including the South Greenwood Avenue at-grade crossing of one of the UNION PACIFIC main lines identified by the California Public Utilities Commission (“CPUC”) by Crossing No. 003 – 8.3 (Los Angeles Subdivision) and DOT No. 811075N.

Page 84 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

The LOCAL AGENCY and SGVCOG desire to undertake improvements to the designated grade crossing (the “Improvements”) as shown in attached Exhibit A.

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

Page 85 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

AGREEMENT

ARTICLE 1. GRANT OF RIGHT

1.01 Grant of right to construct and maintain Improvements: In consideration of SGVCOG’s and LOCAL AGENCY’s agreement to perform and abide by the covenants, terms and conditions of this Agreement, including Exhibits A, A-1, B, C, D, and E which are attached hereto and hereby made a part hereof, and in consideration of the sum of One Hundred Seventy Nine Thousand, Four Hundred Sixty Dollars ($179,460.00) to be paid solely by the SGVCOG to UNION PACIFIC upon the execution and delivery of this Agreement, and in further consideration of the SGVCOG and the LOCAL AGENCY’s agreement to perform and comply with the terms of this Agreement, UNION PACIFIC hereby grants to SGVCOG, and to the LOCAL AGENCY to the extent necessary, the right to construct, operate, maintain, repair, rehabilitate and replace the Improvements shown in Exhibit A-1 (the “Crossing Area”).

ARTICLE 2. CONSTRUCTION - WORK TO BE PERFORMED BY UNION PACIFIC

Page 86 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

ARTICLE 3. CONSTRUCTION - WORK TO BE PERFORMED BY SGVCOG

Page 87 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

SGVCOG will further require that each prime contractor obtain subcontractor acknowledgement that the terms of the right of entry permit apply equally to all subcontractors.

ARTICLE 4. OPERATION AND MAINTENANCE OF THE IMPROVEMENTS

Page 88 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

SGVCOG will notify UNION PACIFIC in writing when SGVCOG transfers and the LOCAL AGENCY accepts any operational and maintenance responsibilities under this subsection.

4.03 Railroad Preemption of Traffic Signals - Maintenance of Programming:

Page 89 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

ARTICLE 5. FUTURE RECONSTRUCTION OR ALTERATION OF THE IMPROVEMENTS

Page 90 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

ARTICLE 6. MUTUAL INDEMNIFICATION AND HOLD HARMLESS CALUSES

Page 91 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

Page 92 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

ARTICLE 7. TERM

7.01 This Agreement shall become effective as of the Effective Date and shall continue in full force and effect until terminated by mutual consent by the parties.

Article 8. SUCCESSORS AND ASSIGNS

8.01 The covenants and provisions of the foregoing instrument shall be binding upon and inure to the benefit of the successors and assigns of UNION PACIFIC, SGVCOG and the LOCAL AGENCY.

*** Signature page to follow ***

Page 93 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year first above written.

CITY OF MONTEBELLO UNION PACIFIC RAILROAD COMPANY

By: By:

Its Its

SAN GABRIEL VALLEY COUNCIL

OF GOVERNMENTS
By:

Its Executive Director

Page 94 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

LIST OF EXHIBITS TO BE ATTACHED TO SOUTH GREENWOOD AVENUE GRADE

CROSSING STANDARD FORM AGREEMENT

Exhibit A: Three (3) 11” x 17” plan sheets prepared by SGVCOG showing a general plan view of the Improvements, and any cross-sectional or profile grade line changes of the roadways.

Exhibit A-1: One (1) 11” x 17” plan sheet prepared by SGVCOG showing the Crossing Area.

Exhibits B: UNION PACIFIC’s Current Form of Contractor’s Right of Entry.

Exhibit C: UNION PACIFIC’s estimate of its force account, material and equipment costs for construction of the Improvements.

Exhibit D: Automatic grade crossing warning signal - traffic signal interconnection Exhibit E: The annual signal maintenance fee

Page 95 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

EXHIBIT A

Page 96 of 684 ends

512 584
1 Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357 2 3 4 5 6

LEGEND

TACTILE WARNING SURFACE

RIVER COBBLE

PLANTER

CONCRETE PAVEMENT /SIDEWALK REMOVAL
D

AC PAVEMENT /SIDEWALK REMOVAL

SH 8' X 10' SIGNAL HOUSE

CV 4'-0" X 4'-0" X 4'-0" CONCRETE VAULT
10" X 17" X 12" CONCRETE PULL BOX
# 4" SCH 80 PVC CONDUIT AND CONDUIT NUMBER
(QUANTITIES AS SHOWN)
# 4" SCH 40 PVC CONDUIT AND CONDUIT NUMBER

END PANEL

5'-4"

HOT MIX ASPHALTIC

CONCRETE AT END PANEL

BALLAST
DETAIL 2 - PAVING AT END PANEL

NOT TO SCALE

101

2X7'

INSTALL 13X8.125'
CONC. PANEL BY UPRR

104

SEE DETAIL 2

103

104

102

101 2X7'

104

50 70

CONSTRUCTION NOTES
16 2' WIDE DETECTABLE WARNING STRIP

50 4' HIGH CHAIN LINK FENCE PER SPPWC STD PLAN 600-2
60 RIVER COBBLE
70 6" THICK PCC SIDEWALK PER UPRR GUIDANCE FOR SIDEWALK IMPROVEMENTS 101 ACCESS GATE, SEE SHEET C-605 FOR DETAILS
102 GATE PER CPUC STD NO.9 - BY UPRR FORCES
103 SWING GATE PER SCRRA STD DWG ES4002 D
104 PICKET RAILING, SEE SHEET C-605 FOR DETAILS

NOTES:
(QUANTITIES AS SHOWN) SEE DETAIL 1

1. REFERENCE SHEET CD-601 FOR HORIZONTAL CONTROL.

FOR STRIPING, MARKING AND SIGNING, SEE SHEET TS-104.

2. FOR ROADWAY ALIGNMENT SEE SHEET C-602.

102
103

50 104
C C

70 104

GATE ARM LENGTH = 18.7' - INSTALLATION

TO BE DONE BY UPRR FORCES
104
60 TRACK
CL 12.0'

1.0' 1.0'

104

GATE ARM LENGTH = 29.4' - INSTALLATION

TO BE DONE BY UPRR FORCES

B
60 70 104

102
103

70 104

101 2X7'

EG-AGGREGATE

MATERIAL

ARM LENGTH 102

8.3' (TYP)

103

2.25' 2.25'

2.0'

16 16 2'X6'

2'X3'

70 B

104
102
103

104

101 2X7'

SEE DETAIL 2

W=2'

104
DETAIL 1 - TYPICAL SIDEWALK PEDESTRIAN

GATE CROSSING

NOT TO SCALE

10' 0' 10' 20'

SCALE: 1''=10'

REPLACE SIGNAL HOUSE

BY UPRR FORCES

A
Underground Service Alert
Call: TOLL FREE

1-800-227-2600

Keith Gillfillan

PLANS PREPARED BY:

MOFFATT & NICHOL
4225 E. Conant Street
Long Beach, CA 90808
Tel: (562) 590-6500

DATE:

01/20/2023

No.

DATE BY

DESCRIPTION

REVISIONS

APP'D BY

DATE

BENCH MARK:

LOS ANGELES COUNTY BENCH MARK:

LY10677

ELEVATION: 186.852 (NAVD88, YEAR

DIVISION
DESIGN

TRAFFIC

RIGHT OF WAY

APPROVALS

BY DATE
A

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS
GREENWOOD AVE. INTERIM AT-GRADE SAFETY IMPROVEMENTS

TWO WORKING DAYS

BEFORE YOU DIG

NO.
*
30434
*

CIVIL

UNDER THE SUPERVISION OF:

08/07/2023

BCR AT SOUTHEAST CORNER OF

GARFIELD AVE & FERGUSON DRIVE

UTILITIES

PROJECT MANAGER

APPROVED

IN THE CITY OF MONTEBELLO
CONSTRUCTION DETAILS - 2
NAME RCE # 30434 DATE: A 07/07/23 KG ISSUED FOR CONSTRUCTION -- CONFORMED SET CHIEF ENGINEER RCE # DATE 08/07/2023 PROJECT NO. IFC 15-02 DWG C-604 SHEET 7 OF 15 PS-DF 5/99
1 2 3 4 5 6
CADD PROJECT FILE NAME: P-1502-C-604.DWG
11/28/2023 TIME: 2:40 PM DATE:

4.5'

6.0' 2.25' 2.25' 3.0'
LEVELED 2005)
DRAWN BY: WX DATE: 01/20/2023
CHECKED BY: RB DATE: 01/20/2023 L&T IN SOUTH CURB 0.5 FT EAST OF

Page 97 of 684 ends

515 584
1 X X X

X X X

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357 2 3 4 5 6

D D

C NO C

TRAIN HORN

W10-9P R3-6

2 TRACKS

STOP

HERE ON
RED

SIDEWALK CLOSED

CROSS HERE OVER
40 FT LONG
W48(CA)(2)

DO NOT
STOP
ON
TRACKS
R9-3
B
R10-6(LT) R9-11a(LT) R20D-4(CA)(40') R3-1 R8-8
B
R R

R3-4
R3-18
30" x 30"

R3-1(BLANK OUT)

R5-2

R3-2

W10-1

A
Underground Service Alert
Call: TOLL FREE
1-800-227-2600

LIN Consulting, Inc.

No.

DATE BY

DESCRIPTION

REVISIONS

APP'D BY

DATE

BENCH MARK:

LOS ANGELES COUNTY BENCH MARK:

LY10677

DIVISION
DESIGN

TRAFFIC

APPROVALS

BY DATE
A

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS-ACE

TWO WORKING DAYS

BEFORE YOU DIG
DESIGNED BY:

DRAWN BY:

CHECKED BY:

RYAN WOO

STEVEN HAK

RAY KOMMIDI
DATE:

DATE:

DATE:
09/30/2022
09/30/2022
09/30/2022
ELEVATION: 186.852 (NAVD88, YEAR
LEVELED 2005)

L&T IN SOUTH CURB 0.5 FT EAST OF

RIGHT OF WAY

UTILITIES

PROJECT MANAGER

GREENWOODAVENUE INTERIMAT-GRADESAFETYIMPROVEMENTSINTHECITYOFMONTEBELLO

TRAFFIC SIGNAL INSTALLATION PLAN
UNDER THE SUPERVISION OF:

07/05/23

BCR AT SOUTHEAST CORNER OF

GARFIELD AVE & FERGUSON DRIVE

APPROVED

GREENWOOD AVENUE AND TRUCK WAY (DETOUR)
NAME RCE # 76481 DATE A 07/07/23 RK ISSUED FOR CONSTRUCTION - CONFORMED SET CHIEF ENGINEER RCE # DATE 07/07/2023 PROJECT NO. IFC 15-02 DWG TZ-114 SHEET 10 OF 15 PS-DF 5/99
1 2 3 4 5 6
X X

X X X

X
X X

X X

X X X

CADD PROJECT FILE NAME:

TIME: DATE:

Page 98 of 684 ends

533 584
1 Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357 2 3 4 5 6

LEGEND

TACTILE WARNING SURFACE

RIVER COBBLE

PLANTER

CONCRETE PAVEMENT/SIDEWALK REMOVAL
D D
SH 8' X 10' SIGNAL HOUSE

CV 4'-0" X 4'-0" X 4'-0" CONCRETE VAULT
10" X 17" X 12" CONCRETE PULL BOX
# 4" SCH 80 PVC CONDUIT AND CONDUIT NUMBER
(QUANTITIES AS SHOWN)
# 4" SCH 40 PVC CONDUIT AND CONDUIT NUMBER
(QUANTITIES AS SHOWN)

8 201.72 TC
60 C

201.24 TC

201.26 TC
22+13.55
201.06 TC

22+15.55
201.09 TC
22+13.55
201.07 TC

20+79.93
202.53 TC
21+16.34
202.54 TC

201.74 TC

20+43.15
201.95 TC

20+41.15
201.97 TC

20+43.15
202.02 TC

60 20+79.37
202.58 TC

8 21+15.79
202.56 TC

B B
* REFERENCE SHEET C-622 FOR HORIZONTAL CONTROL.

FOR STRIPING, MARKING AND SIGNING, SEE SHEET TS-118.

10' 0' 10' 20'

SCALE: 1''=10'

A
Underground Service Alert
Call: TOLL FREE

1-800-227-2600

TWO WORKING DAYS

BEFORE YOU DIG

Keith Gillfillan
NO. 30434
* *

CIVIL

PLANS PREPARED BY:

MOFFATT & NICHOL
4225 E. Conant Street
Long Beach, CA 90808
Tel: (562) 590-6500

DATE:

01/20/2023
01/20/2023
01/20/2023

08/07/2023

No.

DATE BY

DESCRIPTION

REVISIONS

APP'D BY

DATE

BENCH MARK:

LOS ANGELES COUNTY BENCH MARK:

LY10677

ELEVATION: 186.852 (NAVD88, YEAR
LEVELED 2005)

L&T IN SOUTH CURB 0.5 FT EAST OF

BCR AT SOUTHEAST CORNER OF

GARFIELD AVE & FERGUSON DRIVE

DIVISION
DESIGN

TRAFFIC

RIGHT OF WAY

UTILITIES

PROJECT MANAGER

APPROVED

APPROVALS
BY

DATE
A

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS
GREENWOOD AVE. ULTIMATE AT-GRADE SAFETY IMPROVEMENTS

IN THE CITY OF MONTEBELLO

CONSTRUCTION DETAILS
NAME RCE # 30434 DATE: A 07/07/23 KG ISSUED FOR CONSTRUCTION -- CONFORMED SET CHIEF ENGINEER RCE # DATE 08/07/2023 PROJECT NO. IFC 15-02 DWG C-623 SHEET 6 OF 13 PS-DF 5/99
1 2 3 4 5 6
CADD PROJECT FILE NAME: P-1502-C-623.DWG
TIME: 3:09 PM DATE: 11/28/2023

CONSTRUCTION NOTES
8 8" CURB AND GUTTER ON 6" BASE PER SPPWC STD PLAN 120-2 TYPE A3-8, W=12"
60 RIVER COBBLE

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Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357 1 2 3 4 5

D D

UPRR R/W

PROPOSED ADDITIONAL FOOT PRINT

EXISTING FOOT PRINT

C C

UPRR C/L

UPRR R/W
B

GREENWOOD
R/W

GREENWOOD R/W

GREENWOOD C/L

GREENWOOD
R/W

GREENWOOD R/W

PUBLIC USE FOOT PRINT

EXISTING (SF) PROPOSED

ADDITIONAL (SF)

5,912 1,994

47.2'

1100'

XX0'

X1X0' 20'

A PLAN - UPRR PUBLIC USE FOOT PRINT
SCALE: 1" = 10'

GREENWOOD AVE CROSSSING
DOT NO. 811075N

8.30 LOS ANGELES SUB
SCALE: 1''=10'
A

A-1

Q:\LB\9003-03\CADD\_Active\Exhibit\2023-07-18-PUBLIC USE EXHIBITS - UPRR\Exh-Greenwood-Public-Use-v1-No-Panels-v1a.dwg DATE:
01/17/2024

UPRR PUBLIC USE FOOT PRINT

GREENWOOD AVENUE

SHEET 1 OF 1
1 2 3 4 5

46.4'
21+00

Page 100 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

EXHIBIT B
TO

CROSSING AGREEMENT

CONTRACTOR'S

RIGHT OF ENTRY AGREEMENT

THIS AGREEMENT is made and entered into as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a
("Contractor").

RECITALS:
corporation

Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement

AGREEMENT:

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

ARTICLE 1 - DEFINITION OF CONTRACTOR.

ARTICLE 2 - RIGHT GRANTED; PURPOSE.

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

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

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Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVES.

B. Contractor shall coordinate all of its Work with the following Railroad representatives or their duly authorized representative (the "Railroad Representatives"):

MTM: PM:

ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.

ARTICLE 6 - TERM; TERMINATION.

B. This agreement may be terminated by either party on ten (10) days written notice to the other party.

ARTICLE 7 - CERTIFICATE OF INSURANCE.

C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit B.

D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement. 2

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Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to:

Union Pacific Railroad Company
[Insert mailing address]

Attn:

Project No. 0650290
ARTICLE 8 - PRECONSTRUCTION MEETING.

ARTICLE 10. ADMINISTRATIVE FEE.

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

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.

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Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357 Contractor's Right of Entry Public
Projects Form Approved 02/09/2022

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:

Page 104 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT

Exhibit A will be a print showing the general location of the work site.

Page 105 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357 1 2 3 4 5

D D

UPRR R/W

PROPOSED ADDITIONAL FOOT PRINT

EXISTING FOOT PRINT

C C

UPRR C/L

UPRR R/W
B

GREENWOOD
R/W

GREENWOOD R/W

GREENWOOD C/L

GREENWOOD
R/W

GREENWOOD R/W

PUBLIC USE FOOT PRINT

EXISTING (SF) PROPOSED

ADDITIONAL (SF)

5,912 1,994

47.2'

1100'

XX0'

X1X0' 20'

A PLAN - UPRR PUBLIC USE FOOT PRINT
SCALE: 1" = 10'

GREENWOOD AVE CROSSSING
DOT NO. 811075N

8.30 LOS ANGELES SUB

DATE:

UPRR PUBLIC USE FOOT PRINT
SCALE: 1''=10'
A

Q:\LB\9003-03\CADD\_Active\Exhibit\2023-07-18-PUBLIC USE EXHIBITS - UPRR\Exh-Greenwood-Public-Use-v1-No-Panels-v1a.dwg 01/17/2024 GREENWOOD AVENUE

SHEET 1 OF 1
1 2 3 4 5

46.4'
21+00

Page 106 of 684 ends

Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

EXHIBIT B
TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.

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Docusign Envelope ID: 366194E7-7E5B-408B-9036-BC0B8FA53357

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

Page 108 of 684 ends