April 2026 Annual Military Equipment Report for 2025/2026 9 UAS Operator Ongoing
Training
UAS/Drone Quarterly
Community Concerns and Complaints
In April of 2022, the Pinole Police Department published its Military Equipment Funding, Use and Acquisition policy on its website. Community concerns and complaints can be received via the Department’s website, in-person at the police department or in the field during police contacts, telephone, emails and social media. 2025/2026 Community Concerns, Complaints & PD Internal Investigations Related to Military Equipment Use
Community Concerns Community Complaints PD Internal Investigations 0 0 0
**No formal complaints or concerns were brought forward by the public.
April 2026 Annual Military Equipment Report for 2025/2026 10 Internal Inventory & Audit (PPD Military
Equipment)
Per Pinole Police Department policy 707.3 (c), the Department’s military equipment coordinator is required to complete an internal inventory of all military equipment within the possession of the Department at least once annually.
An inventory was completed on April 21, 2026, which identified all of the Department’s military equipment in preparation to fulfill the obligations set by Assembly Bill 481.
The Department purchased two DJI Avant indoor drones in the 2025/2026 budget cycle.
All current military equipment in the inventory was found to be in good shape and in working order.
2025/2026 Event or Incident Military Equipment Utilized Case# /
Incident#
Date Equipment
Used
Classification Reason
06/19/2025 Command Post Event Juneteenth/Pride Event
06/22/2025 Command Post Event Pinole Car Show
07/04/2025 Command Post Event 4th of July Celebration
10/07/2025 Command Post Event Halloween National Night
Out
10/31/2025 ERV Event Halloween Caravan
12/11/2025 Command Post Event Toy Drive@Target
12/19/2025 Command Post Event
Mutual Aid to Hercules PD
for DUI Checkpoint
12/27/2025 Command Post Event DUI Checkpoint
April 2026 Annual Military Equipment Report for 2025/2026 11 250701079 07/01/2025 UAV Outside Assist/Oakland PD
None 07/04/2025 UAV 4th of July Event
2507100180 07/10/2025 UAV Outside
Assist/Hercules/SUSCIR
2507250015 07/25/2025 UAV Outside Assist/San
Pablo/Burglary
25-907 07/28/2025 UAV Outside Assist/San
Pablo/Burglary
25-930 08/01/2025 UAV Outside Assist/HPD/Foot
bail on I-80
2508020177 08/02/2025 UAV Outside Assist/San
Pablo/Burglary
25-993 08/21/2025 UAV Commercial Burglary
25-1010 08/25/2025 UAV Outside
Assist/CCSO/Burglary
25-1031 08/31/2025 UAV Domestic Violence/Assault
w/a Deadly Weapon
25-1038 09/05/2025 UAV Outside Assist/Richmond
PD/Robbery
2509050074 09/05/2025 UAV
Outside
Assist/Richmond/Petty
Theft
2511080205 11/08/2025 UAV Outside Assist/San
Pablo/Residential Burglary
2512190241 12/19/2025 UAV Suspicious Circumstance
2603180200 03/18/2026 UAV Outside Assist/CCSO
2604060252 04/06/2026 UAV Outside Assist/San Pablo
April 2026 Annual Military Equipment Report for 2025/2026 12 Projected Military Equipment Acquisition
(2026/2027)
For 2026/2027 (May - April), the Pinole Police Department plans to purchase COLT AR15/M4 ammunition and FN 303 MK2 projectiles to replenish training and duty inventory.
Military Equipment Projected Purchase
Amount
Projected Purchase Price
.223 62 gr ammunition 7,000 rounds $4,000
FN 303 MK2 Projectiles 300 rounds $1,400
COLT AR15/M4 Lights 30 $5,500
Pinole PD CA Policy Manual
Law Enforcement Policy
Published with permission by Pinole PD CA
Copyright Lexipol, LLC 2026/05/28, All Rights Reserved. 707
Policy
Military Equipment
Effective Date Revised Date
05282026 05282026
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy applies to all members of the Department
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
• Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. • Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons.
Military Equipment - 1
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Military Equipment
a.
b.
c.
d.
e.
1. 2.
f.
a.
b.
c.
d.
707.2 POLICY
It is the policy of the Pinole Police Department that members of this department comply with the provisions of Government Code § 7070 and 7071 with respect to the use and acquisition of military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
Acting as liaison to the governing body for matters related to the requirements of this policy.
Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
Conducting an inventory of all military equipment at least annually.
Collaborating with any allied agency that may use military equipment within the jurisdiction of Pinole Police Department (Government Code § 7071).
Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
Publicizing the details of the meeting.
Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). 707.4 MILITARY EQUIPMENT INVENTORY
The military equipment inventory constitutes a list of qualifying equipment for the Department. It can be found on the City of Pinole website under Police > Resources > Military Use Equipment. 707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
Requesting military equipment made available pursuant to 10 USC § 2576a.
Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Military Equipment - 2
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Military Equipment
e.
f.
g.
Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
On occasion, the department may be required to assist or be assisted by other law enforcement agencies in a formal Mutual Aid Request or support with day to day operational collaboration (i.e. pursuits, investigative unit assistance, joint law enforcement operations, etc.). The specific guidance and requirements for Mutual Aid is governed by PPD Policy 331 - Outside Agency Assistance.
In certain mutual aid or operational collaboration circumstances, it may be necessary for sworn department members to utilize military equipment in order to fulfill an assigned mission (i.e. active shooter, civil unrest, barricaded suspects in a vehicle, etc.). When sworn department members utilize military equipment in instances of mutual aid or law enforcement collaboration, the following shall apply:
a. Department members are required to adhere to the Department's Military Equipment Procedure and all policies and procedures outlined within the Pinole Police Department's Policy and Procedures Manual, regardless of operational jurisdiction.
b. Should the Pinole Police Department request mutual aid from another law enforcement agency within Contra Costa County and military equipment is required during the course of the response, the following shall apply:
1. The Pinole Police Department shall remain in charge of the overall incident command.
2. The Incident Commander or designee shall brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident.
3. The assisting agency will be expected to adhere to their respective policies and procedures, particularly those governing the use of military equipment.
4. If the Incident Commander or their designee is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this procedure, the Incident Commander may elect to cancel the request for mutual aid or re-assign the assisting agency to a different support mission.
707.7 CITY COUNCIL APPROVAL
Pursuant to California Government Code section 7071, the City Council of Pinole approved this Policy pursuant to Ordinance #2024-04. Further substantive amendments to the Policy need to be reviewed and approved by the City Council.
Military Equipment - 3
Pinole PD CA Policy Manual
Law Enforcement Policy
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Copyright Lexipol, LLC 2026/05/13, All Rights Reserved. 608
Policy
Unmanned Aerial System (UAS) Operations
608.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS.
It is the policy of the department that trained and authorized personnel may use/deploy a UAS when such use is appropriate in the performance of their duties and authorized by the Chief of Police or designee. The deployment of a UAS will be in accordance with Federal, State, and municipal law and as the needs of the department dictate. 608.1.1 DEFINITIONS
Definitions related to this policy include:
Certificate of Authorization (COA) – A certificate granted to an individual or entity by the Federal Aviation Administration (FAA), which outlines specific conditions for flight for small UAS.
Federal Aviation Administration (FAA) – An entity of the federal government that regulates all aspects of civil aviation.
Part 107 – A certificate granted to an individual by the FAA, which outlines specific conditions of flight for small UAS aircrafts.
Pilot in Command (PIC) –Trained officer who is the sole person responsible for the operation of the UAS.
Unmanned aerial system (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means.
UAS Supervisor – Assigned by the Chief of Police to insure program requirements are met to include maintenance, training, and operations in adherence to policy and FAA regulations.
Visual Observer –Trained officer who may act as a spotter for PIC to assist in navigating the UAS and avoidance of hazards.
608.2 POLICY
Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
Unmanned Aerial System (UAS) Operations - 1
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Unmanned Aerial System (UAS) Operations
1. 2.
3. 4.
5. 6.
a.
b.
c.
d.
7. 8.
608.3 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate the UAS.
Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.
UAS operations should only be conducted consistent with FAA regulations. 608.4 FAA COMPLIANCE FOR DEPLOYMENT
Use of the UAS shall be allowed for criminal investigations or public safety purposes consistent with this policy, provided the requirements below are followed:
Prior to any use of a UAS, the department shall obtain a COA from the Federal Aviation Administration, unless the Police Chief authorizes personnel to use a UAS under the officer's own Part 107 certification.
Prior to the deployment of the UAS, the UAS PIC and the Visual Observer must be adequately trained in the use and operation and must be knowledgeable of the standards set forth in this policy.
Any operation of a UAS must fully comply with all FAA requirements guidelines. It is the PIC's responsibility to ensure compliance with FAA requirements and guidelines and this policy. If the PIC believes the requested deployment potentially violates any federal regulation, guideline or this policy, then the PIC must inform his or her immediate supervisor and the UAS Supervisor.
The PIC may not deploy the UAS for criminal investigative purposes without the knowledge of the on-duty watch commander or senior supervisor should the watch commander not be available.
Where a search warrant would normally be obtained for a criminal investigation, the PIC shall not deploy the UAS until such warrant is secured. This does not apply to non-investigative public safety deployments or for the purpose of training, testing, or evaluation.
Each deployment of an UAS shall be properly documented in a flight log by the PIC. Such documentation must include at a minimum:
The date, time, and purpose of each deployment.
Whether a search warrant was obtained by the agency.
Identity of the PIC and Visual Observer (if there is a Visual Observer.
Supervisor approving the deployment.
The PIC that deploys the UAS must have the capability to adequately track and record the flight pattern and location of the UAS.
If more than one UAS is deployed in an area or event, then each PIC shall coordinate and define the parameters of the area where each UAS will be operated. 608.5 AUTHORIZED USES FOR PUBLIC SAFETY DEPLOYMENT
Deployments include but are not limited:
Unmanned Aerial System (UAS) Operations - 2
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Unmanned Aerial System (UAS) Operations
1. 2.
3. 4.
5. 6.
7. Security Checks - The UAS may be deployed while conducting Security Checks of businesses or public lots in furtherance of the department's mission. Indiscriminate surveillance of private areas, absent a call for service requiring a public safety response or applicable warrant is prohibited.
Area Searches – The UAS may be deployed when conducting an area search for missing persons, property, etc.
Crime Scene / Area Documentation – The UAS may be deployed to assist in documenting crime scenes, accident scenes, or other areas where an aerial perspective is needed.
Search and Rescue – The UAS may be deployed during search and rescue operations to assist in locating lost or missing persons or other search and rescue operations.
Tactical Situations – The UAS may be deployed during certain tactical situations such as hostage / barricaded gunmen, active shooter, warrant services, or any other situation where an aerial or remote view is advantageous.
Fleeing Suspects – The UAS may be deployed to search for suspects that flee from police.
Training – All training flights will be conducted in accordance with the procedure and privacy requirements outlined in this policy.
608.6 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
608.7 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, and best practices and will have the following additional responsibilities:
• Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current, and/or coordinating compliance with FAA Part 107 Remote Pilot Certificate, as appropriate for department operations.
• Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies, and procedures regarding use of the UAS.
• Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents. Deployment of a UAS may require written authorization of the Chief of Police or the authorized designee, depending on the type of mission. • Coordinating the completion of the FAA Emergency Operation Request Form in emergency situations, as applicable (e.g., natural disasters, search and rescue, emergency situations to safeguard human life).
Unmanned Aerial System (UAS) Operations - 3
Pinole PD CA Policy Manual
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Unmanned Aerial System (UAS) Operations
608.8 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
608.9 RETENTION OF UAS DATA
• Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.
• Implementing a system for public notification of UAS deployment. • Developing an operational protocol governing the deployment and operation of a UAS including but not limited to safety oversight, use of visual observers, establishment of lost link procedures, and secure communication with air traffic control facilities.
• Developing a protocol for fully documenting all missions. • Developing a UAS inspection, maintenance, and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. • Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates, and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
• Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules.
• Facilitating law enforcement access to images and data captured by the UAS. • Recommending program enhancements, particularly regarding safety and information security. • Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police.
• Maintaining familiarity with FAA regulatory standards, state laws and regulations, and local ordinances regarding the operations of a UAS.
• To conduct random surveillance activities.
• To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, immigration status, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.
• To harass, intimidate, or discriminate against any individual or group. • To conduct personal business of any type.
• The UAS will not be weaponized or used to transport any weapons, explosives, or incendiary devices.
Unmanned Aerial System (UAS) Operations - 4
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Unmanned Aerial System (UAS) Operations
Data collected by the UAS shall be retained as provided in the established records retention procedure and schedule.
Unmanned Aerial System (UAS) Operations - 5
CITY COUNCIL
REPORT 9.F.
DATE: JULY 7, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heba El-Guindy, Public Works Director, [email protected] SUBJECT: ADOPT RESOLUTION APPROVING “PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT” BETWEEN THE CITY OF PINOLE AND UNION
PACIFIC RAILROAD COMPANY FOR CONSTRUCTION OF
IMPROVEMENTS ACROSS THE RAILROAD TRACKS FOR THE TENNENT AVENUE/BAY TRAIL GAP CLOSURE PROJECT (CITY CIP PROJECT NO.
RO1902 - UP REAL ESTATE PROJECT NO. 0209671)
RECOMMENDATION
City staff recommends that the City Council adopt the attached Resolution (Attachment A) approving the attached Public Highway At-Grade Crossing Agreement (Attachment B) between the City of Pinole and Union Pacific Railroad Company (UPRR) for construction of improvements across the railroad tracks for the Tennent Avenue/Bay Trail Gap Closure Project (City CIP Project No. RO1902, and UP Real Estate Project No. 0209671).
BACKGROUND
In 2018, the East Bay Regional Park District completed a trail link to connect Pinole Shores Regional Shoreline to the Bayfront Park and trail. There remains a small gap of about 600 feet across the UPRR tracks and along Railroad Avenue all of which are located within the UPRR right-of-way. CIP Project No. RO1902 Tennent Avenue/Bay Trail Gap Closure Project was initiated in 2019 to establish improvements: (1) Along Tennent Avenue across the UPRR tracks, and (2) On Railroad Avenue to facilitate safe movements of bicyclists and pedestrians in the area.
To advance the Project, the City submitted a funding request to West Contra Costa County Transportation Commission (WCCTC) for Subregional Transportation Mitigation Program (STMP) funds and was awarded $100,000 in 2020.
In February 2021, the City selected a consultant (CSWST2) for planning and engineering services, and to assist city staff in coordinating with UPRR to improve path of travel for pedestrians and bicyclists as they traverse across the tracks from Bayfront Park to rejoin the Bay Trail and the Pinole Creek Trail.
On September 14, 2023, the WCCTC Board approved additional STMP funds for the Tennent Avenue/Bay Trail Gap Closure Project in the amount of $645,000. In addition, the Project was awarded One Bay Area Grant (OBAG) funds in the amount of $1,020,000 for construction of the Project improvements that were initially scheduled to take place in Fiscal Year (FY) 2024/25.
In response to the most recent PW Department application, the City was awarded additional $700,000 of STMP Cycle 3 funds which was approved by the WCCTC Board on May 22, 2026.
It should also be noted that earlier in 2026, staff submitted funding applications under three additional grant programs, namely the Federal-State Partnership for Intercity Passenger Rail Program, the Railroad Crossing Elimination (RCE) Program, and the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program. This pursuit for additional grant funds is to supplement the Project construction funds including the added intersection reconfiguration/narrowing of Tennent Avenue/Railroad Avenue.
REVIEW AND ANALYSIS
The Martinez Subdivision is a major north–south rail corridor serving both freight and passenger rail operations. The corridor supports approximately 56 trains per day, including Amtrak Capitol Corridor intercity passenger rail service, which operates between San Jose, Oakland, Sacramento, and Auburn. Passenger trains operate through the Project area at speeds of up to 40 miles per hour. Documented counts show approximately 353 pedestrian trips and 106 bicycle trips per day, with afternoon peak period volumes of 205 pedestrians and 67 cyclists. Pedestrians and bicyclists must currently cross two active mainline railroad tracks without adequate separation, warning devices, or channelization while sharing the roadway with automobiles, resulting in extended exposure to train movements and safety risks.
With the assistance of CSWST2 consultants, city staff coordinated with the UPRR team over the past year and prepared necessary design plans that divide the Tennent Avenue/Bay Trail Gap Closure Project into the following components:
Area 1 –
Improvements to be implemented by the UPRR under the attached construction agreement “Public Highway At-Grade Crossing Agreement” (Attachment B). These improvements will eliminate hazardous shared-use conditions by constructing a fully separated, ADA-compliant Class I facility across the two active mainline tracks, supported by pedestrian and vehicle gates, active warning devices, lighting, signage, and fencing. Implementation of these improvements will reduce exposure to train movements, channelize users to a controlled crossing, and bring the facility into compliance with modern rail safety standards.
The attached Public Highway At-Grade Crossing Agreement (Attachment B) prepared by the UPRR requires approval of the City Council including the estimated construction costs of $1,326,068.00 with an initial payment of $113,400.00 at the signing of the Agreement. This is in addition to an annual signal maintenance cost of $16,973.00. General UPRR Methods of Payment are attached (Attachment C).
Area 2 –
Improvements to be implemented by the City including a pedestrian sidewalk and a bicycle path along with signage and marking improvements on Railroad Avenue to provide a connection to the Bay Trail and the Pinole Creek Trail. These improvements will close a critical gap in the nationally recognized San Francisco Bay Trail, thereby improving regional
multimodal connectivity and system reliability. Improvements on Railroad Avenue also include improved design of on-street parking, as well as reconfiguration/narrowing of the Tennent Avenue/Railroad Avenue intersection to reduce the pedestrian crossing distance and enhance safety conditions. Area 2 improvements and associated agreement are submitted for the City Council consideration and approval under a separate staff report.
FISCAL IMPACT
Per the attached Public Highway At-Grade Crossing Agreement between the City and UPRR, the City will be required to pay a total estimated construction costs of $1,326,068.00 for implementation of improvements in Area 1 (across the UPRR tracks). This is in addition to an annual signal maintenance cost of $16,973.00.
CIP Project No. RO1902 - Tennent Avenue/Bay Trail Gap Closure Project is funded by $1,445,000 STMP funds and $1,020,000 OBAG grant funds. No local match by the City is assumed for construction of the planned improvements in Area 1. The annual signal maintenance cost will be included as part of the City's operating fund for signals maintenance.
ATTACHMENTS
A. Resolution
B. Public Highway At Grade Crossing Agreement
RESOLUTION NO. 2026-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING “PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT” BETWEEN THE CITY OF PINOLE
AND UNION PACIFIC RAILROAD COMPANY FOR CONSTRUCTION OF
IMPROVEMENTS ACROSS THE RAILROAD TRACKS FOR THE TENNENT AVENUE/BAY TRAIL GAP CLOSURE PROJECT (CITY CIP PROJECT NO. RO1902 - UP REAL ESTATE PROJECT NO. 0209671)
WHEREAS, the Council approved Capital Improvement Plan (CIP) contains the Tennent Avenue/Bay Trail Gap Closure Project (CIP Project No. RO1902); and WHEREAS, the Tennent Avenue/Bay Trail Gap Closure Project was initiated in 2019 to establish improvements in: (Area 1) Along Tennent Avenue across the UPRR tracks, and (Area 2) On Railroad Avenue to facilitate safe movements of bicyclists and pedestrians in the area; and
WHEREAS, In February 2021, the City selected a consultant (CSWST2) for planning and engineering services, and to assist city staff in coordinating with UPRR on the Project; and
WHEREAS, the Project was awarded $100,000 of STMP funds in 2020, $645,000 of STMP funds in 2023, $1,020,000 of OBAG grant funds in 2023, and $700,000 of STMP funds in 2026; and
WHEREAS, improvements in Area 1 to be implemented by the UPRR under the attached construction agreement “Public Highway At-Grade Crossing Agreement” (Exhibit A attached to Resolution). These improvements will eliminate hazardous shared-use conditions by constructing a fully separated, ADA-compliant Class I facility across the two active mainline tracks, supported by pedestrian and vehicle gates, active warning devices, lighting, signage, and fencing; and
WHEREAS, the attached Public Highway At-Grade Crossing Agreement prepared by the UPRR requires approval of the City Council with a total estimated construction costs of $1,326,068.00 including an initial payment of $113,400.00 at signing of the Agreement. This is in addition to an annual signal maintenance cost of $16,973.00. General UPRR Methods of Payment are attached (Exhibit B attached to Resolution).
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pinole does hereby:
1- Approve the Public Highway At-Grade Crossing Agreement (Exhibit A) between the City and UPRR for the UPRR’s construction of improvements in Area 1 across the railway tracks with estimated construction costs of $1,326,068.00 including an initial payment of $113,400.00 at signing of the Agreement using the General UPRR Methods of Payment (Exhibit B). This is in addition to an annual signal maintenance cost of $16,973.00. 2- Authorize the City Manager to execute the Public Highway At-Grade Crossing Agreement and associated documents.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of July 2026 by the following vote, to-wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 7th day of July 2026.
____________________________
Heather Bell
City Clerk
1 UP Real Estate Project No.: 0209671
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Tennent Avenue
DOT 751699M
MP 20.04 – Martinez Subdivision
Pinole, Contra Costa County, California
THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and CITY OF PINOLE, a municipal corporation or political subdivision of the State of California to be addressed at 2131 Pear Street, Pinole, California 94564 ("Political Body").
RECITALS:
By instrument dated August 17, 1984, the Southern Pacific Transportation Company and the Political Body entered into an agreement (the “Original Agreement”) covering the construction, use, maintenance and repair of an at grade public road crossing over Tennent Avenue, DOT Number 751699M at Railroad’s Milepost 20.04 on Railroad’s Martinez Subdivision at or near Pinole, Contra Costa County, California.
The Railroad named herein is successor in interest to the Southern Pacific Transportation Company.
The Political Body now desires to undertake as its project (the “Project”) the reconstruction and widening of the road crossing that was constructed under the Original Agreement for the addition of sidewalks. The road crossing, as reconstructed and widened is hereinafter the “Roadway” and the portion of the Railroad's property where the Roadway crosses the Railroad’s property is the “Crossing Area.” The right of way granted by the Southern Pacific Transportation Company to the Political Body under the terms of the Original Agreement or a separate document is not sufficient to allow for the reconstruction and widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway. The portion of Railroad’s property that Political Body needs to use in connection with the Roadway (including the right of way area covered under the Original Agreement or in a separate document) is shown on the print marked Exhibit A and the Political Body’s type, size and location prints of the Project marked Exhibit A-1, with each exhibit being attached hereto and hereby made a part hereof (the “Crossing Area”).
2 The Railroad and the Political Body are entering into this Agreement to cover the above.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
Section 1. EXHIBIT B
The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof.
Section 2. RAILROAD GRANTS RIGHT
For and in consideration of the sum of One Hundred Thirteen Thousand Four Hundred Dollars ($113,400.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area.
Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.
Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to:
• execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements to the Railroad.
B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property.
3 Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.
C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:
Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP Project No. 0209671
D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval.
Section 5. FEDERAL AID POLICY GUIDE
If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.
Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD
The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project.
Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dated May 28, 2024, and June 6, 2024, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's estimated cost for the Railroad's work associated with the Project is One Million Three Hundred Twenty-Six Thousand Sixty-Eight Dollars ($1,326,068.00).
B. The Railroad, if it so elects, may recalculate and update the Estimates submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimates.
4 C. The Political Body acknowledges that the Estimates may not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing.
D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within three hundred sixty-five (365) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed and the Project Manager has closed the Project work order and notified the Political Body.
E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates.
Section 8. PLANS
A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances.
B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.
C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.
D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities
5 under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor.
Section 9. NON-RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.
B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators.
Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities.
Section 10. EFFECTIVE DATE; TERM; TERMINATION
A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property.
B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date.
6 C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans.
Section 11. CONDITIONS TO BE MET BEFORE
POLITICAL BODY CAN COMMENCE WORK
Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until:
(i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad’s written approval of the Plans.
(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.
(iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.
Section 12. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.
Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. Political Body shall not assign this Agreement without the prior written consent of Railroad.
B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body.
7 Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement.
Section 15. TERMINATION OF ORIGINAL AGREEMENT
Upon the completion of the Roadway, the Original Agreement shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway.
Section 16. ANNUAL SIGNAL MAINTENANCE FEE
A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in-service date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System”), the Political Body, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Sixteen Thousand Nine Hundred SeventyThree Dollars ($16,973.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the Signal System that is installed at the Roadway. The annual signal maintenance fee is calculated as shown on the attached Exhibit E, attached hereto and made a part hereof.
B. The above annual signal maintenance fee for Railroad's maintenance of the Signal System is based on the number of current signal units installed at the Roadway.
If the Signal System is improved and/or altered in any way, the Political Body must notify the Railroad in writing and the annual signal maintenance fee will be increased at a rate based on the American Railway Engineering and Maintenance of Way Association (AREMA) signal unit cost index. If the Political Body fails to notify Railroad of any improvement or alteration to the Signal System, the Railroad may increase the annual signal maintenance fee at a rate based on the AREMA signal unit cost index any time
8 after the date of installation and/or improvement of the Signal System. The signal unit base for the annual signal maintenance fee may also be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual signal maintenance fee was last determined or established. Any such changes in the annual signal maintenance fee referenced in Article 2 may be made by means of automatic adjustment in billing.
Section 17. ANNUAL SURFACE MAINTENANCE
A. The Railroad shall maintain the crossing surface between the track tie ends at Political Body’s expense. Effective as of three years from effective date of this Agreement, Political Body agrees to pay to Railroad the sum of Five Thousand Five Hundred Twelve Dollars ($5,512.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the surface between track tie ends located within the Crossing Area. See Exhibit C. The Political Body, at its expense, shall maintain and repair all portions of the Roadway approaches that are not within the area between lines two (2) feet outside of the rails of each track. See lower left hand corner of Exhibit C.
B. The above annual surface maintenance fee may also be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual surface maintenance fee was last determined or established.
Any such changes in the annual surface maintenance fee may be made by means of automatic adjustment in billing.
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By: _________________________________
Printed Name: ________________________
Title: ________________________________
CITY OF PINOLE
By: ________________________________
Printed Name: ________________________
Title: ________________________________
EXHIBIT A
TO
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit A will be a print showing the Crossing Area (see Recitals)
PT UPRR PROPERTY APN 401-020-031 CITY ROW UPRR PROPERTY CITY ROW UPRR PROPERTY UPRR PROPERTY APN 401-040-004
32.7' EXISTING AREA: 3,605 SF TOTAL NEW AREA: 2,700 SF
TENNENT AVENUE
RAILROAD AVENUE UNION PACIFIC RAILROAD MARTINEZ SUBDIVISION DOT CROSSING 751699M CROSSING AREA FENCE LENGTH: 77 LF FENCE LENGTH: 49 LF FENCE LENGTH: 24 LF FENCE LENGTH: 31 LF
PINOLE CALIFORNIA CONTRA COSTA
RAILROAD CROSSING TENNENT AVENUE
IMPROVEMENTS
PEDESTRIAN
Date: 1.8.2026
Scale: 1" = 30'
Prepared Under the Direction of: Rev 3
Job No. 2130002.30
C:\Users\alisson\appdata\local\temp\AcPublish_16876\XB-04-PPI_Construction&Maintenance.dwg 01/08/2026 - 08:36 AM alisson 1:1 Engineering
Landscape Architecture
Surveying
Urban Planning
78 Railroad Ave
Richmond, CA 94801
415.883.9850
CSWST2.com GRAPHIC SCALE (FEET) 0 1 IN = 30 FT 30 30 60 LEGEND: PROPERTY LINE ENCROACHMENT AREA
EXHIBIT A-1
TO
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit A-1 will be the Political Body’s type, size and location prints of the Project (see Recitals)
PT TENNENT AVENUE
CUADRA COURT
20' (TYP.)
5'
5'
3'8'
INSTALL W10-2 (R) SIGN BCDC LIMIT LINE PARCEL BOUNDARY (TYP.) EXISTING CURB RAMP EXISTING SIDEWALK ASPHALT 2" GRIND AND OVERLAY INSTALL NEW TRAIL, SHOULDER, CURB AND GUTTER CONFORM TO EXISTING SIDEWALK INSTALL PARKING STALL MARKINGS (TYP.) INSTALL FENCE EXISTING FENCE REMOVE PIECES OF RAIL PROJECTING OUT FROM THE GROUND REMOVE K RAIL INSTALL W10-2 (L) SIGN 22' (TYP.) UPRR PROPERTY CITY ROWCITY ROW UPRR PROPERTY CITY ROW UPRR PROPERTY UPRR PROPERTY CITY ROW RAILROAD AVENUE INSTALL W10-1 AND W48 (CA) SIGNS 10.5' FLEXIBLE DELINEATORS 6' 6' INSTALL SIGNAL CABIN 25' 30' EXISTING SIDEWALK 15' INSTALL CPUC STANDARD NO. 9 INSTALL CPUC STANDARD NO. 8 INSTALL NEW SIDEWALK, CURB AND GUTTER INSTALL DETECTABLE WARNING SURFACE, TYP. INSTALL DOUBLE-SIDED R15-8 SIGN INSTALL R8-8 SIGN INSTALL NEW PRE-CAST CONCRETE PANELS INSTALL FENCE, 42-INCH MAX HEIGHT 15' INSTALL CPUC STANDARD NO. 9 INSTALL NEW SIDEWALK, CURB AND GUTTER INSTALL CROSSWALK MARKING INSTALL 'STOP' MARKING INSTALL DETECTABLE WARNING SURFACE, TYP. INSTALL RAILROAD PAVEMENT MARKING INSTALL NEW DRIVEWAY CONFORM TO EXISTING SIDEWALK ASPHALT 2" GRIND AND OVERLAY 2" ASPHALT GRIND AND OVERLAY INSTALL STOP BAR INSTALL ROADWAY CENTERLINE, TYP. INSTALL R1-1 'STOP' SIGN INSTALL 12-FOOT LONG ROLLED CURB, SEE NOTE 1 EXISTING STRIPING TO BE REMOVED INSTALL STOP BAR INSTALL DOUBLE-SIDED R15-8 SIGN INSTALL R8-8 SIGN INSTALL ROADWAY CENTERLINE, TYP. INSTALL W10-1 AND W48 (CA) SIGNS INSTALL 12-FOOT-LONG ROLLED CURB, SEE NOTE 1 INSTALL 12-FOOT-LONG ROLLED CURB, SEE NOTE 1 INSTALL 12-FOOT-LONG ROLLED CURB, SEE NOTE 1 INSTALL FENCE, 42-INCH MAX HEIGHT INSTALL CPUC STANDARD NO. 8 INSTALL TRAIL WAY-FINDING SIGN INSTALL DETECTABLE WARNING SURFACE, TYP. INSTALL CROSSWALK MARKING INSTALL NEW PRE-CAST CONCRETE PANELS INSTALL REDUCED RAILROAD PAVEMENT MARKING INSTALL NEW DECOMPOSED
GRANITE TRAIL SHOULDER
INSTALL UPRR SERVICE GATE 4'8 12 " GAUGE (TYP.) 3' TYP. 4' 5' 60' 24' 5.25' 4.5' 15' 10' 5.25' 5' 15' 1.5' 15.83' 4.5' 8' 8' 2.25' 2' 2.25' INSTALL LUMINAIRE FOR ROADWAY AND PATHWAY LIGHTING (TYPICAL) 73' 25' 25' 6.3' 6.3' 6.3' 6.3' INSTALL DOUBLE-SIDED R15-8 SIGN INSTALL DOUBLE-SIDED R15-8 SIGN 25' 25' 2' 2' INSTALL UPRR SERVICE GATE INSTALL UPRR SERVICE GATE INSTALL UPRR SERVICE GATE 2' TYPICAL ALL SIMILAR LOCATIONS INSTALL W10-2 (R) SIGN
INSTALL W10-2 (L) SIGN ASPHALT ASPHALT 4'± INSTALL DETECTABLE WARNING SURFACE. PORTION OVER DG SHOULDER TO BE PLACED IN CONCRETE (TYPICAL) 6' 6' 17' GATE 17' GATE 6' 8' 8' 6' INSTALL SIGNAL CABIN 11 12131415 30 20 10 0 10 20 30 14111213 C/L EX 15
LEAD TRACK 10' CONCRETE GRADE PANEL
T.R. 12.30
2.0% MAX 2.0% MAX
C/L EX
LEAD TRACK 10' CONCRETE GRADE PANEL 4'±
T.R. 12.71 BCDC BAY CONSERVATION AND DEVELOPMENT COMMISSION C/L CENTERLINE CPUC CALIFORNIA PUBLIC UTILITIES COMMISSION DG DECOMPOSED GRANITE EX EXISTING FG FINISHED GRADE MAX MAXIMUM MIN MINIMUM ROW RIGHT-OF-WAY T.R. TOP OF RAIL TYP. TYPICAL UPRR UNION PACIFIC RAILROAD LEGEND ASPHALT GRIND CONCRETE
EX GATE DIRT GRAVEL 16 16 ABBREVIATIONS EXISTING FENCE 11 11.512 12.513 30 20 10 0 10 20 30 11 11.512 12.513 12' EASTBOUND LANE 12' WESTBOUND LANE NEW 1.5' GUTTER NEW 6' SIDEWALK AND DRIVEWAY 2% MAX 1% ± 1% ± 13.514 13.514 EXISTING OVERHEAD UTILITY LINE EXISTING GAS LINE SECTION A NOT TO SCALE SECTION B NOT TO SCALE TRACK CENTER LINE 15'± 15'± AND OVERLAY NEW 1.5' GUTTER NEW 13' TRAIL AND DRIVEWAY 2% MAX
EX GATE NEW 3' TRAIL SHOULDER EXISTING GRADE EXISTING TRACK PROFILE TENNENT AVENUE CUADRA COURT EDGE OF TRAVELED WAY DECISION POINT SETBACK 14.5 FT FROM EDGE OF TRAVELED WAY SIGHT TRIANGLE SIGHT TRIANGLE 150 FT 280 FT150 FT280 FT6' 6' GRAPHIC SCALE (FEET) 0 1 IN = 40 FT 40 40 80 GRAPHIC SCALE (FEET) 0 1 IN = 10 FT 10 10 20 SEE ENLARGEMENT ON THE RIGHT A- B- PLAN SCALE: 1" = 40' ENLARGEMENT SCALE: 1" = 10' NOTES: 1. CONCRETE SHALL BE ABLE TO WITHSTAND 80,000 LBS GROSS VEHICLE WEIGHT WHERE UPRR MAINTENANCE VEHICLES MAY TRAVERSE. SIGHT TRIANGLE SCALE: 1" = 40' DOT 751699M
Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
1 EXHIBIT B
TO
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.
B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.
C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof.
The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties.
D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment.
E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.
2 F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad.
SECTION 2. CONSTRUCTION OF ROADWAY
A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.
B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.
C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad.
D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.
SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the
3 Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.
SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract.
SECTION 5. MAINTENANCE AND REPAIRS
A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at the Political Body’s expense.
B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement.
SECTION 6. CHANGES IN GRADE
If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage.
SECTION 7. REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.
SECTION 8. SAFETY MEASURES; PROTECTION
OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the
4 same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards:
A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property.
B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad.
C. Flagging.
(i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for
5 vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed.
One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges.
(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.
D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses.
The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
6 E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.
F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations.
G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.
H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.
I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property.
The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate.
7 J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.
K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities.
L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement.
M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.
SECTION 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed.
8 SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities.
SECTION 11. BOOKS AND RECORDS
The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body.
SECTION 12. REMEDIES FOR BREACH OR NONUSE
A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof.
B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder.
C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination.
SECTION 13. MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.
Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
EXHIBIT C
TO
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimates.
Material And Force Account Estimate
Estimate Creation Date: 05/28/2024 Number: 148688 Version: 1 Estimate Good Until 05/28/25
Location: MARTINEZ SUB, NO 1, 7-29.95
Buy America: No
Description of Work: PINOLE, CA - TENNENT AVENUE - MP.20.04 - MARTINEZ SUB - DOT# 751699M - WO#73313 - PID# 131472 - 100% RECOLLECTABLE
COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL
Cost
SIGNAL
Gang Day - 5 Man 2 EA 7,500.00 15,000 0 15,000
TENNENT AVE 20.04 Xing - 2 Trk CWE w/Gates 1 EA 152,876.00 48,800 104,076 152,876 Xing - Dax (Modules And 1000'
Cable)
1 EA 9,732.00 5,000 4,732 9,732
Xing - Dax Cable 1000' 2 EA 6,440.00 8,000 4,880 12,880 TENNENT AVE 20.04 Xing - Flasher/Ped (pair) 1 LS 57,560.00 16,000 41,560 57,560 PPEC ENGR SUPPORT Xing - Misc. 1 LS 30,000.00 0 30,000 30,000 Xing - Remove Location 1 LS 2,000.00 2,000 0 2,000
MP.20.45 REMOTE Xing - Semi-Bi Coupler 2 EA 898.00 0 1,796 1,796 Xing - Sidelight 1 EA 907.00 0 907 907
Xing - Track Card (Main and
Stand-by) New Cable
2 EA 12,889.00 12,000 13,778 25,778
MP.20.45 REMOTE Xing - Track Filter/Battery Choke 2 EA 240.00 0 480 480 MP.20.45 REMOTE Xing - 2 Trk Remote CWE and
House
1 EA 75,404.00 21,200 54,204 75,404
Xing - Engineering Design 1 LS 30,855.00 30,855 0 30,855 Xing - Boring 1 LS 10,000.00 0 10,000 10,000
Xing - Fill/Rock/Gravel 1 LS 85,000.00 0 85,000 85,000
Xing - Meter Service 1 LS 5,000.00 0 5,000 5,000
FEDERAL W/ 228.88% Xing - Labor Additive 1 LS 363,587.00 363,587 0 363,587 Sub-Total = 522,442 356,413 878,855
Totals = 522,442 356,413 878,855
Grand Total = $878,855
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. ____________________________________________________________________________________________________________________________________ Tuesday, May 28, 2024 Page 1 of 1 Page 176 of 303
Material And Force Account Estimate
Pinole
Estimate Number: 149028 Version: 1Standard Rates: Labor Additive = 283.35% Estimate Good Until 06/06/25
Location: MARTINEZ SUB, NO 1, 20.02-20.06Description of Work: Pinole CA, Tennent Avenue, MP 20.404 Martinez Subdivision, DOT 751699MPrepared For: Buy America: Yes COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100
ENGINEERING
Engineering 1 LS 55,318.00 55,318 0 55,318 0 55,318Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900Foreign Line Freight - Track Surface RECOLLECT 1 LS 3,713.00 0 3,713 3,713 0 3,713 Sub-Total = 55,318 5,513 60,831 0 60,831
TRACK CONSTRUCTION - COMPANY
RDXING RDXING 136# CON10W PP PAN COMPLETE 146 TF 1,118.31 91,897 71,376 163,273 0 163,273 Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 0 11,450 BALAST BALAST CL1 3 CL 1,862.43 1,358 4,229 5,587 0 5,587 COMPJT Transition Rail - 136# 2 PR 8,700.29 9,465 7,936 17,401 0 17,401 TRACK 136# CWRHH0 24-8-6'PPHWD N 16 TP 174 TF 619.92 67,535 40,331 107,867 0 107,867 Sub-Total = 181,705 123,873 305,578 0 305,578
TRACK REMOVAL - COMPANY
RDXING Remove road crossing - concrete 80 TF 118.05 9,444 0 9,444 0 9,444 TRACK Remove Track 240 TF 47.33 11,360 0 11,360 0 11,360 Sub-Total = 20,804 0 20,804 0 20,804
SITE WORK - CONTRACT
Asphalt 1 LS 20,000.00 0 20,000 20,000 0 20,000Traffic Control - Detour Signs & Coordination 1 LS 15,000.00 0 15,000 15,000 0 15,000Asphalt: Saw Cut 1 LS 5,000.00 0 5,000 5,000 0 5,000 Sub-Total = 0 40,000 40,000 0 40,000
EQUIPMENT RENTAL
Equipment Rental 1 LS 20,000.00 0 20,000 20,000 0 20,000 Sub-Total = 0 20,000 20,000 0 20,000
Total Wgt. in Tons = 1,352 Totals = 257,827 189,386 447,213 0 447,213 Grand Total = $447,213
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, Pinole will pay actual construction costs at the current rates effective thereof. __________________________________________________________________________________________________________________________________________________________________________ Thursday, June 6, 2024 Page 1 of 1
1 Contractor's Right of Entry Public Project No. 0209671 Projects Form Approved 02/09/2022
EXHIBIT D
TO
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a
("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 includeContractor'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.
2 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.
3 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. 0209671
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'sproperty.
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.
4 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:
EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT
Exhibit A will be a print showing the general location of the work site.
PT UPRR PROPERTY APN 401-020-031 CITY ROW UPRR PROPERTY CITY ROW UPRR PROPERTY UPRR PROPERTY APN 401-040-004
32.7' EXISTING AREA: 3,605 SF TOTAL NEW AREA: 2,700 SF
TENNENT AVENUE
RAILROAD AVENUE UNION PACIFIC RAILROAD MARTINEZ SUBDIVISION DOT CROSSING 751699M CROSSING AREA FENCE LENGTH: 77 LF FENCE LENGTH: 49 LF FENCE LENGTH: 24 LF FENCE LENGTH: 31 LF
PINOLE CALIFORNIA CONTRA COSTA
RAILROAD CROSSING TENNENT AVENUE
IMPROVEMENTS
PEDESTRIAN
Date: 1.8.2026
Scale: 1" = 30'
Prepared Under the Direction of: Rev 3
Job No. 2130002.30
C:\Users\alisson\appdata\local\temp\AcPublish_16876\XB-04-PPI_Construction&Maintenance.dwg 01/08/2026 - 08:36 AM alisson 1:1 Engineering
Landscape Architecture
Surveying
Urban Planning
78 Railroad Ave
Richmond, CA 94801
415.883.9850
CSWST2.com GRAPHIC SCALE (FEET) 0 1 IN = 30 FT 30 30 60 LEGEND: PROPERTY LINE ENCROACHMENT AREA
1 EXHIBIT B
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track.
B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures.
C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as 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
2 paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period.
An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative.
Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twentyfive (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor.
3 Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit 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
4 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdf
B. 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.
5 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. INNO 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.
1 EXHIBIT C
TO
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
Union Pacific Railroad Company
Insurance Requirements For
Contractor’s Right of Entry Agreement
During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.
C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.
If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence
2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s)and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED
TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.
If required, coverage may be provided in separate policy form or by endorsement to Contractors CGLor 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 nonhazardous 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 indemnityprovisions 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.
3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.
Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
EXHIBIT E
TO
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit E (if applicable) will be the annual signal maintenance fee.
FOR PID # 131472
STREET TENNENT AVENUE
TOWN PINOLE
MILEPOST 20.04
SUBDIVISION MARTINEZ
AAR/DOT NO. 751699M
WORK ORDER# 73313
DESCRIPTION VALUE QUANTITY UNITS
NON-CODED TRK. CIRCUIT 2 0
(Standalone AFTAC or Ring 10)
SUPERIMPOSED CIRCUIT(AFTAC) / 2 0
DETECTION LOOP
HIGHWAY GRADE CROSSING SIGNAL 2 8
(FRONT LIGHTS)
ADDITIONAL PAIR OF LIGHTS 1 5
(OTHER THAN FRONT LIGHTS)
GATE MECHANISM, AUTOMATIC 8 16
WITH ARM UP TO 26 FT
GATE MECHANISM, AUTOMATIC 10 0
WITH ARM OVER 26 FT
GCP/HXP (constant warning device, per track circuit) 15 30 EXIT GATE MANAGEMENT SYSTEM RACK* 10 0
MOVEMENT DETECTOR (PMD) 6 0
MOVEMENT DETECTOR (STANDBY UNIT) 3 0
RADIO DATA LINK, PER UNIT 1 0
PREEMPTION CIRCUIT 2 0
DATA RECORDER 1 0
REMOTE MONITORING DEVICE (SEAR, ETC)* 2 0
BONDED RAIL JOINTS (per mile, each rail, single bonded) 1 0 BATTERY AND CHARGER (per set) 1 2 2
TOTAL UNIT COUNT 61
PAVEMENT RESTORATION COSTS (Actual)
Annual Maintenance Cost at $278.25/Unit $16,973
*UP supplied Unit Value
May 28, 2024
0 5
AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS
ESTIMATED MAINTENANCE COSTS
BY THE UNION PACIFIC RAILROAD
0 0
4 0
0 0
0 0
2 0
2 0
0
CITY COUNCIL
REPORT 9.G.
DATE: JULY 7, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heba El-Guindy, Public Works Director, [email protected] SUBJECT: ADOPT RESOLUTION APPROVING “PUBLIC ROADWAY ENCROACHMENT AGREEMENT” BETWEEN THE CITY OF PINOLE AND UNION PACIFIC RAILROAD COMPANY FOR CITY’S CONSTRUCTION OF IMPROVEMENTS
IN THE RAILROAD RIGHT-OF-WAY ALONG RAILROAD AVENUE AS PART
OF THE TENNENT AVENUE/BAY TRAIL GAP CLOSURE PROJECT (CITY CIP PROJECT NO. RO1902 - UP REAL ESTATE PROJECT NO. 0806493)
RECOMMENDATION
City staff recommends that the City Council adopt the attached Resolution (Attachment A) approving the attached Public Roadway Encroachment Agreement (Attachment B) between the City of Pinole and Union Pacific Railroad Company (UPRR) for the City’s construction of improvements within UPRR’s right-of-way along Railroad Avenue as part of the Tennent Avenue/Bay Trail Gap Closure Project (City CIP Project No. RO1902, and UP Real Estate Project No. 0806493)
BACKGROUND
In 2018, the East Bay Regional Park District completed a trail link to connect Pinole Shores Regional Shoreline to the Bayfront Park and trail. There remains a small gap of about 600 feet across the UPRR tracks and along Railroad Avenue all of which are located within the UPRR right-of-way. CIP Project No. RO1902 Tennent Avenue/Bay Trail Gap Closure Project was initiated in 2019 to establish improvements: (Area 1) Along Tennent Avenue across the UPRR tracks, and (Area 2) On Railroad Avenue to facilitate safe movements of bicyclists and pedestrians in the area.
To advance the Project, the City submitted a funding request to West Contra Costa County Transportation Commission (WCCTC) for Subregional Transportation Mitigation Program (STMP) funds and was awarded $100,000 in 2020.
In February 2021, the City selected a consultant (CSWST2) for planning and engineering services, and to assist city staff in coordinating with UPRR to improve path of travel for pedestrians and bicyclists as they traverse across the tracks from Bayfront Park to rejoin the Bay Trail and the Pinole Creek Trail.
On September 14, 2023, the WCCTC Board approved additional STMP funds for the Tennent Avenue/Bay Trail Gap Closure Project in the amount of $645,000. In addition, the Project was awarded One Bay Area Grant (OBAG) funds in the amount of $1,020,000 for construction of the Project improvements that were initially scheduled to take place in Fiscal Year (FY)
2024/25.
In response to the most recent PW Department application, the City was awarded an additional $700,000 of STMP Cycle 3 funds which was approved by the WCCTC Board on May 22, 2026.
It should also be noted that earlier in 2026, staff submitted funding applications under three additional grant programs, namely the Federal-State Partnership for Intercity Passenger Rail Program, the Railroad Crossing Elimination (RCE) Program, and the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program. This pursuit for additional grant funds is to supplement the Project construction funds including the added intersection reconfiguration/narrowing of Tennent Avenue/Railroad Avenue.
REVIEW AND ANALYSIS
The Martinez Subdivision is a major north–south rail corridor serving both freight and passenger rail operations. The corridor supports approximately 56 trains per day, including Amtrak Capitol Corridor intercity passenger rail service, which operates between San Jose, Oakland, Sacramento, and Auburn. Passenger trains operate through the Project area at speeds of up to 40 miles per hour. Documented counts show approximately 353 pedestrian trips and 106 bicycle trips per day, with afternoon peak period volumes of 205 pedestrians and 67 cyclists. Pedestrians and bicyclists must currently cross two active mainline railroad tracks without adequate separation, warning devices, or channelization while sharing the roadway with automobiles, resulting in extended exposure to train movements and safety risks.
With the assistance of CSWST2 consultants, city staff coordinated with the UPRR team over the past year and prepared necessary design plans that divide the Tennent Avenue/Bay Trail Gap Closure Project into the following components:
Area 1 –
Improvements to be implemented by the UPRR to eliminate hazardous shared-use conditions by constructing a fully separated, ADA-compliant Class I facility across the two active mainline tracks, supported by pedestrian and vehicle gates, active warning devices, lighting, signage, and fencing. Implementation of these improvements will reduce exposure to train movements, channelize users to a controlled crossing, and bring the facility into compliance with modern rail safety standards. Area 1 improvements and associated agreement are submitted for the City Council consideration and approval under a separate staff report.
Area 2 –
Improvements to be implemented by the City under the attached Public Roadway Encroachment Agreement (Attachment B) between the City of Pinole and UPRR for construction of improvements within the Railroad right-of-way. These improvements include a pedestrian sidewalk and a bicycle path along with signage and marking improvements on Railroad Avenue to provide a connection to the Bay Trail and the Pinole Creek Trail. The improvements will close a critical gap in the nationally recognized San Francisco Bay Trail, thereby improving regional multimodal connectivity and system reliability. Improvements on Railroad Avenue also include improved design of on-street parking, as well as
reconfiguration/narrowing of the Tennent Avenue/Railroad Avenue intersection to reduce the pedestrian crossing distance and enhance safety conditions.
The attached Public Roadway Encroachment Agreement (Attachment B) prepared by UPRR requires approval of the City Council including the estimated right-of-way access cost of $141,330.00 to be paid by the City upon execution of the Agreement. General UPRR Methods of Payment are attached (Attachment C).
FISCAL IMPACT
Per the attached Public Roadway Encroachment Agreement between the City and UPRR, the City will be required to pay a right-of-way access cost of $141,330.00 upon the execution of the Agreement. This will allow the City to construct improvements in Area 2 (along Railroad Avenue).
CIP Project No. RO1902 - Tennent Avenue/Bay Trail Gap Closure Project is funded by $1,445,000 STMP funds and $1,020,000 OBAG grant funds. The right-of-way access cost of $141,330.00 will be funded by STMP fund, with no impact on the City's General Fund.
ATTACHMENTS
A. Resolution
B. Public Roadway Encroachment Agreement
RESOLUTION NO. 2026-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING “PUBLIC ROADWAY ENCROACHMENT AGREEMENT” BETWEEN THE CITY OF PINOLE AND UNION PACIFIC RAILROAD COMPANY FOR CITY’S CONSTRUCTION OF
IMPROVEMENTS IN THE RAILROAD RIGHT-OF-WAY ALONG RAILROAD AVENUE
AS PART OF THE TENNENT AVENUE/BAY TRAIL GAP CLOSURE PROJECT (CITY CIP PROJECT NO. RO1902 - UP REAL ESTATE PROJECT NO. 0806493) WHEREAS, the Council approved Capital Improvement Plan (CIP) contains the Tennent Avenue/Bay Trail Gap Closure Project (CIP Project No. RO1902); and WHEREAS, the Tennent Avenue/Bay Trail Gap Closure Project was initiated in 2019 to establish improvements in: (Area 1) Along Tennent Avenue across the UPRR tracks, and (Area 2) On Railroad Avenue to facilitate safe movements of bicyclists and pedestrians in the area; and
WHEREAS, In February 2021, the City selected a consultant (CSWST2) for planning and engineering services, and to assist city staff in coordinating with UPRR on the Project; and
WHEREAS, the Project was awarded $100,000 of STMP funds in 2020, $645,000 of STMP funds in 2023, $1,020,000 of OBAG grant funds in 2023, and $700,000 of STMP funds in 2026; and
WHEREAS, improvements in Area 2 to be implemented by the City under the attached “Public Roadway Encroachment Agreement” (Exhibit A of Resolution) between the City of Pinole and UPRR for construction of improvements within the Railroad right-of-way. These improvements include a pedestrian sidewalk and a bicycle path along with signage and marking improvements on Railroad Avenue to provide a connection to the Bay Trail and the Pinole Creek Trail. Improvements on Railroad Avenue also include improved design of on-street parking, as well as reconfiguration/narrowing of the Tennent Avenue/Railroad Avenue intersection to reduce the pedestrians crossing distance and enhance safety conditions; and WHEREAS, the attached Public Roadway Encroachment Agreement prepared by UPRR requires approval of the City Council including the right-of-way access cost of $141,330.00 to be paid by the City upon execution of the Agreement. General UPRR Methods of Payment are attached (Exhibit B of Resolution).
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pinole does hereby:
1- Approve the Public Roadway Encroachment Agreement (Exhibit A) between the City and UPRR to accommodate City’s construction of improvements within the Railroad right-of-way in Area 2 along Railroad Avenue with estimated right-of-way access cost of $141,330.00 to be paid by the City upon execution of the Agreement. General UPRR Methods of Payment are attached (Exhibit B).
2- Authorize the City Manager to execute the Public Roadway Encroachment Agreement and associated documents.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of July 2026 by the following vote, to-wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 7th day of July 2026.
____________________________
Heather Bell
City Clerk
Articles of Agreement
UP Real Estate Project No.: 0806493
PUBLIC ROADWAY ENCROACHMENT
Railroad Avenue
Martinez Subdivision, Mile Post 20.048 to 20.100
Pinole, Contra Costa County, California
THIS AGREEMENT is entered into as of the _____ day of ________________, 20___ between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the “Railroad or Licensor”), and the CITY OF PINOLE, a municipal corporation or political subdivision of the State of California to be addressed at 2131 Pear Street, Pinole, California 94564 (hereinafter “City or Licensee”).
RECITALS:
Presently, the City utilizes the Railroad’s property for the existing public roadway encroachment at Railroad Avenue, located between Mile Post 20.048 to 20.100 on the Railroad’s right of way or premises on the Martinez Subdivision in Pinole, Contra Costa County, California.
City now desires to undertake as its project (the “Project”) the reconstruction and widening of the existing public roadway encroachment for the addition of sidewalks. The encroachment, as reconstructed and widened is hereinafter the “Roadway”.
The Railroad right of way being utilized for the existing public roadway encroachment is not sufficient to allow for the reconstruction and widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the City to facilitate the reconstruction and widening of the Roadway. The portion of Railroad’s property that the City needs to use in connection with the Roadway (including the right of way being utilized for the existing public roadway encroachment) is shown on the Railroad’s location print marked Exhibit A attached hereto and hereby made a part hereof (the “Crossing Area”).
AGREEMENT:
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
Article 1. RAILROAD GRANTS RIGHT.
For and in consideration of City’s agreement to perform and abide by the terms of this Agreement, including Exhibit A and Exhibit B, attached hereto and hereby made a part hereof, the Railroad hereby grants to City the right to reconstruct, maintain, repair, renew and continue
Articles of Agreement
to use the Roadway on the Railroad right of way or premises as shown in the Exhibit A location print, together with the right of entry, as described in Article 4, to control and remove from the Railroad’s right-of-way in the Crossing Area or premises, weeds and vegetation which may obstruct the view of motorists, approaching the premises, to any trains that may also be approaching the premises.
Article 2. PAYMENT BY CITY OF RIGHT RECEIVED FROM RAILROAD.
As consideration for the right granted by the Railroad to City under this Agreement, City agrees to pay to the Railroad the sum of One Hundred Forty-One Thousand Three Hundred Thirty Dollars ($141,330.00) upon the execution and delivery of this Agreement.
Article 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the City to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority.
Article 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area or premises and any subsequent maintenance and repair work, the City shall require the Contractor to:
• execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor’s Right of Entry Agreement and as described in Ex C; and
• provide such insurance policies, certificates, binders and/or endorsements to the Railroad.
B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The City confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.
C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:
Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
Articles of Agreement
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP Project No. 0806493
D. If the City own employees will be performing any of the Project work, the City may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval.
Article 5. FEDERAL AID POLICY GUIDE
If the City will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.
Article 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD
The City agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project.
Article 7. WORK TO BE PERFORMED BY THE RAILROAD.
A. The Railroad may make any and all changes, alterations or relocations, whether temporary or permanent, and may provide flagging and other protective services and devices, which in the Railroad’s judgment may be or become necessary or expedient within the Railroad’s right-of-way because of the Project.
B. The City agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates.
Article 8. CONDITIONS TO BE MET BEFORE
POLITICAL BODY CAN COMMENCE WORK
Neither the City nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until:
(i) The Railroad and City have executed this Agreement. (ii) The Railroad has provided to the City Railroad’s written approval of the Plans.
Articles of Agreement
(iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.
(iii) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.
Article 9. EFFECTIVE DATE; TERM.
A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property.
B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the City does not commence construction on the portion of the Project or use the Crossing Area located on the Railroad’s property within twelve (12) months from the Effective Date.
C. If the Agreement is terminated as provided above, or for any other reason, the City shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans.
Article 10. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and City agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.
Article 11. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. City shall not assign this Agreement without the prior written consent of Railroad.
B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and City.
Articles of Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
_____________________________________
Title: ________________________________
CITY OF PINOLE
______________________________________
Title: _________________________________
Articles of Agreement
EXHIBIT A
Railroad Location Print
PT UPRR PROPERTY APN 401-020-031 CITY ROW UPRR PROPERTY CITY ROW UPRR PROPERTY UPRR PROPERTY APN 401-040-004
32.7'
TENNENT AVENUE
RAILROAD AVENUE FENCE LENGTH: 252 LF UNION PACIFIC RAILROAD MARTINEZ SUBDIVISION DOT CROSSING 751699M CROSSING AREA ENCROACHMENT AREA EXISTING AREA: 11,355 SF TOTAL NEW AREA: 3,365 SF
PINOLE CALIFORNIA CONTRA COSTA
RAILROAD CROSSING TENNENT AVENUE
IMPROVEMENTS
PEDESTRIAN
Date: 1.8.2026
Scale: 1" = 30'
Prepared Under the Direction of: Rev 3
Job No. 2130002.30
C:\Users\alisson\appdata\local\temp\AcPublish_16876\XB-04-PPI_Construction&Maintenance.dwg 01/08/2026 - 08:37 AM alisson 1:1 Engineering
Landscape Architecture
Surveying
Urban Planning
78 Railroad Ave
Richmond, CA 94801
415.883.9850
CSWST2.com GRAPHIC SCALE (FEET) 0 1 IN = 30 FT 30 30 60 LEGEND: PROPERTY LINE ENCROACHMENT AREA
PRX 880805 A
Form Approved, AVP-Law
EXHIBIT B
EXHIBIT B
SECTION 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The rights granted to the Licensee are subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire railroad right of way, and are also subject to the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics or other wire lines, pipelines and other facilities upon, along or across any or all parts of said right of way, any of which may be freely done at any time by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The Licensee’s rights are also subject to all outstanding superior rights (including those in favor of licensees, lessees of said right of way, and others) and the right of the Licensor to renew and extend the same, and are granted without covenant of title or quiet enjoyment.
SECTION 2. MAINTENANCE AND USE.
(a) The Licensee, at its own expense, shall maintain the Roadway and shall keep the rail flangeways clear of obstructions.
(b) The Licensee shall, at its sole expense, maintain, repair, renew and replace any gates, cattle guards, drainage facilities, traffic signs or devices, identification signs approved by the Licensor or other appurtenances shown on Exhibit “A”. The Licensee shall, at its own expense, install and thereafter maintain any such appurtenances that may subsequently be required by the Licensor, by law, or by any public authority having jurisdiction. The Licensee shall control vegetation along the right of way on each side of the Roadway so that the Licensee’s line of sight to approaching trains is not impaired or obstructed by vegetation. All work performed by the Licensee on the right of way shall be done to the satisfaction of the Licensor. (c) The Licensee shall keep any gate affording access to the Roadway closed and locked at all times except during the time of actual passage through it onto or from the Roadway. The Licensee shall not do, suffer or permit anything which will or may obstruct, endanger or interfere with, hinder or delay the maintenance and operation of the Licensor’s railroad tracks or appurtenant facilities or the facilities or equipment of others lawfully using the Licensor’s property.
SECTION 3. MODIFICATION OR RELOCATION OF ROADWAY.
Whenever the Licensor deems it necessary or desirable in the furtherance of its railroad operating requirements or for the improvement and use of its property to modify or relocate the Roadway:
(1) the Licensor shall, at the sole expense of the Licensee, modify or move the Roadway; and the appurtenances thereto.
PRX 880805 A
Form Approved, AVP-Law
EXHIBIT B
All the terms of this agreement shall govern the continued maintenance and use of the Roadway as modified or relocated pursuant to this section.
SECTION 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor’s property. Licensee shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on the Licensor’s premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Licensor’s premises.
(b) In addition to the liability terms elsewhere in this Agreement, the Licensee shall indemnify and hold the Licensor harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorneys’ fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of the Licensee, its contractor, agents and/or employees, that causes or in any way or degree contributes to (1) any damage to or destruction of any telecommunications system by the Licensee, and/or its contractor, agents and/or employees, on Licensor’s property, (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 Licensor’s property, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company(ies).
SECTION 5. INDEMNITY.
The Licensee assumes the risk of and shall indemnify and hold harmless the Licensor and other railroad companies which use the property of the Licensor, their officers, agents and employees, against and from any and all loss, damages, claims, demands, actions, causes of action, costs, attorneys’ fees, fines, penalties and expenses of whatsoever nature (hereinafter “Loss”) which may result from: (1) injury to or death of persons whomsoever, (including officers, agents and employees of the Licensor and of the Licensee, as well as other persons); (2) loss of or damage to property whatsoever (including damage to property of or in the custody of the Licensee and damage to the roadbed, tracks, equipment or other property of or in the custody of the Licensor and such other railroad companies, as well as other property); or (3) the Licensee’s failure to comply with any federal, state or local law, regulation, or enactment; when such Loss is due to or arises in connection with or as a result of:
(a) the construction of the Roadway;
(b) any work done by the Licensee on or in connection with the Roadway; (c) the use of said Roadway by the Licensee, or the officers, agents, employees, patrons or invitees of the Licensee, or by any other person;
(d) the use of said Roadway by the Licensee’s successors or assigns or the officers, agents, employees, patrons or invitees of the Licensee’s successors or assigns until the Licensee either complies with the provisions of Section 8 or terminates the agreement as provided in Section 6; or
PRX 880805 A
Form Approved, AVP-Law
EXHIBIT B
(e) the breach of any covenant or obligation assumed by or imposed on the Licensee pursuant to this agreement, or the failure of the Licensee to promptly and fully do any act or work for which the Licensee is responsible pursuant to this agreement; regardless of whether such Loss is caused solely or contributed to in part by the negligence of the Licensor, its officers, agents or employees.
SECTION 6. TERMINATION ON BREACH OR ON NOTICE.
(a) It is agreed that the breach of any covenant, stipulation or condition herein contained to be kept and performed by the Licensee shall, at the option of the Licensor, forthwith work a termination of this agreement and all rights of the Licensee hereunder. A waiver by the Licensor of a breach by the Licensee of any covenant or condition of this agreement shall not impair the right of the Licensor to avail itself of any subsequent breach thereof. (b) This agreement may be terminated by either party on thirty (30) days’ written notice to the other party.
SECTION 7. REMOVAL OF ROADWAY.
(a) Upon termination of this agreement howsoever, the Licensor shall, at the sole expense of the Licensee, remove said Roadway and restore the premises of the Licensor to a condition comparable to that existing immediately prior to the construction of said Roadway. (b) In the event of the removal of the Roadway as in this section provided, the Licensor shall not be liable to the Licensee for any damage sustained by the Licensee for or on account of such removal, and such removal shall not prejudice or impair any right of action for damage, or otherwise, which the Licensor may have against the Licensee.
SECTION 8. ASSIGNMENT.
The Licensee shall not assign this agreement, or any interest therein to any purchaser, lessee or other holder of the property served by the crossing or to any other person, without the written consent of the Licensor. If the Licensee fails to secure the Licensor’s consent to any assignment, the Licensee will continue to be responsible for obligations and liabilities assumed herein.
SECTION 9. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 8 hereof, this agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns.
PRX 880805 A
Form Approved, AVP-Law
FORM C
Exhibit C
Union Pacific Railroad
Contract Insurance Requirements
Public/Commercial/Industrial/Licensee’s Grade Crossing and/or Encroachment Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement (except as otherwise provided in this Agreement) 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.
B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident.
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.
C. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.
Other Requirements
D. All policy(ies) required above (except worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26 and CA 20 48 provide coverage for Railroad’s negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this Agreement.
E. 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.
PRX 880805 A
Form Approved, AVP-Law
FORM C
F. Licensee 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. This waiver must be stated on the certificate of insurance.
G. Prior to entering upon Railroad property, Licensee 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.
H. 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(s) in which the work is to be performed.
I. The fact that insurance is obtained by Licensee, or by Railroad on behalf of Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage.
1 Contractor's Right of Entry Public Project No. 0806493 Projects Form Approved 02/09/2022
EXHIBIT D
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 includeContractor'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.
2 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.
3 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. 0806493
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'sproperty.
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.
4 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:
EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT
Exhibit A will be a print showing the general location of the work site.
PT UPRR PROPERTY APN 401-020-031 CITY ROW UPRR PROPERTY CITY ROW UPRR PROPERTY UPRR PROPERTY APN 401-040-004
32.7'
TENNENT AVENUE
RAILROAD AVENUE FENCE LENGTH: 252 LF UNION PACIFIC RAILROAD MARTINEZ SUBDIVISION DOT CROSSING 751699M CROSSING AREA ENCROACHMENT AREA EXISTING AREA: 11,355 SF TOTAL NEW AREA: 3,365 SF
PINOLE CALIFORNIA CONTRA COSTA
RAILROAD CROSSING TENNENT AVENUE
IMPROVEMENTS
PEDESTRIAN
Date: 1.8.2026
Scale: 1" = 30'
Prepared Under the Direction of: Rev 3
Job No. 2130002.30
C:\Users\alisson\appdata\local\temp\AcPublish_16876\XB-04-PPI_Construction&Maintenance.dwg 01/08/2026 - 08:37 AM alisson 1:1 Engineering
Landscape Architecture
Surveying
Urban Planning
78 Railroad Ave
Richmond, CA 94801
415.883.9850
CSWST2.com GRAPHIC SCALE (FEET) 0 1 IN = 30 FT 30 30 60 LEGEND: PROPERTY LINE ENCROACHMENT AREA
1 EXHIBIT B
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track.
B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures.
C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as 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
2 paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period.
An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative.
Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twentyfive (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor.
3 Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit 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
4 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdf
B. 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.
5 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. INNO 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.
1 EXHIBIT C
TO
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
Union Pacific Railroad Company
Insurance Requirements For
Contractor’s Right of Entry Agreement
During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.
C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.
If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence
2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s)and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED
TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.
If required, coverage may be provided in separate policy form or by endorsement to Contractors CGLor 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 nonhazardous 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 indemnityprovisions 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.
3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.
CITY COUNCIL
REPORT 9.H.
DATE: JULY 7, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heba El-Guindy, Public Works Director, [email protected] SUBJECT: ADOPT RESOLUTION APPROVING SECOND AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT BETWEEN THE CITY AND GHD, INC. FOR DEVELOPMENT OF THE CITY'S ACTIVE TRANSPORTATION PLAN - PROJECT IN2106
RECOMMENDATION
Staff recommend that the City Council approve the attached Resolution (Attachment A) implementing a second amendment to the Consulting Services Agreement between the City and GHD, Inc. for development of the City’s Active Transportation Plan (ATP) as follows:
1. Extend the Agreement’s Term of Services to September 30, 2026.
2. Increase the Compensation from $218,000 to a not-to-exceed amount of $238,000, an increase of up to $20,000 to be paid at satisfactory update of the ATP.
BACKGROUND
Development of the City’s Active Transportation Plan (ATP) was first added to the Capital Improvement Plan (CIP) in 2021 (Project IN2106). On March 7, 2023, the City Council approved a Consulting Services Agreement between the City and GHD, Inc. for development of the City’s ATP. The ATP aims to outline strategies and actions that will support and encourage the use of environmentally sustainable modes of travel including walking, cycling, and use of public transit. The consultant’s work scope included a review of policies and plans, data collection and analysis, recommend strategies and capital improvement projects, develop concept improvements that incorporate the community’s feedback, and develop a cost estimate for the recommended projects.
On June 17, 2025, the City Council approved First Amendment to the Consulting Services Agreement to extend Term of Services and to increase Compensation from the originally approved $188,000 to a not-to-exceed amount of $218,000, an increase of $30,000 paid at satisfactory completion of the ATP.
REVIEW AND ANALYSIS
The Consultant, GHD, Inc., in coordination with City staff conducted the necessary research and data collection, as well as carried out a comprehensive community consultation process including two pop-ups at Peet’s Coffee (October 2023) and at the Farmer’s Market (November
2023), community workshop held at the Senior Center (July 2024), a project website and interactive map, online survey with 102 responses, internal review by City departments, and four meetings of the Community Engagement Committee (CEC). The developed draft ATP was presented to the City’s Traffic and Pedestrian Safety Committee (TAPS) on January 8, 2025. In performing this work, GHD, Inc. invoiced the City and was paid a total of $187,983.19 out of the initial project budget of $188,000.
On June 17, 2025, the City Council approved extending the Consulting Services Agreement and increasing its budget by an additional $30,000, for a total contract budget of $218,000.
This First Amendment to the Agreement scoped to complete missing chapters of the draft ATP, and to make necessary revisions resulting from comments by City staff, project stakeholders, and the public.
The draft ATP was revised and currently includes a more comprehensive grid of bicycle facilities of the various classes (Class I/multi-use path, Class II/bike lane, Class III/bike route, and Class IV/protected bike lane or cycle track). Road classifications, abutting land uses, posted speed limits, and community input are some of the factors that were taken into consideration in recommending the various cross-sections and associated multi-modal improvements.
The revised ATP report was approved by the City Council on April 21, 2026. In response to additional comments raised during the Council meeting by East Bay Bike and community members, City Council set the following conditions for the ATP approval:
• Enhance the reference of Bicycle Boulevard as a Class III bikeway with example signage and marking.
• Show on the recommended bikeways map the existing Class III bikeway on Pinole Valley Road between Ellerhorst Street and San Pablo Avenue. • Reference the more recent update of NACTO 2025 Urban Bikeway Design Guide. • Reference the Caltrans 2025 Bay Area Bike Plan Update and the 2024 Bicycle Best Practices.
• Conduct a community workshop in July 2026 to supplement the outreach efforts conducted in past years.
• Update the ATP based on the community workshop and bring the updated report for the City Council consideration in September 2026.
The above-listed revisions were applied to the ATP, and the report was posted on the City’s website for the community’s access and review. In addition, staff scheduled the community workshop to be held on July 23, 2026.
To accommodate the additional revisions that may result from the community workshop, staff recommend extending the duration of the Consulting Services Agreement to end on September 30, 2026, and increasing the project budget by up to $20,000 depending on the extent of revisions, for a new not-to-exceed total amount of $238,000.
FISCAL IMPACT
The additional project budget of $20,000 funded by Measure S fund was recently included in the CIP and approved by the City Council on June 16, 2026.
ATTACHMENTS
A. Resolution
RESOLUTION NO. 2026-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH GHD, INC.
FOR DEVELOPMENT OF THE CITY’S ACTIVE TRANSPORTATION PLAN WHEREAS, the City of Pinole (“City”) adopted a Capital Improvement Plan (CIP) which includes the development of an Active Transportation Plan (Project IN2106); and WHEREAS, the Active Transportation Plan (ATP) aims to outline strategies and multi-modal infrastructure improvements that will support and encourage the use of environmentally sustainable modes of travel including walking, cycling, and use of public transit; and
WHEREAS, on March 7, 2023, the City Council awarded a Consulting Services Agreement to GHD, Inc. (“Consultant”) for development of the City’s ATP with a budget amount not-to-exceed $188,000 and ending on March 7, 2025; and WHEREAS, Consultant in coordination with City staff conducted the necessary research and data collection, community consultation and developed a draft ATP, and expended the project budget while performing this work; and WHEREAS, on June 17, 2025, the City Council approved extending the Consulting Services Agreement, and increased the budget by an additional $30,000, for a total contract fee of $218,000, to ensure finalization of the ATP; and WHEREAS, the draft ATP was revised to include a more comprehensive grid of various class bicycle facilities, and to recommend multi-modal improvements considering the road classifications, abutting land uses, posted speed limits, and past community input since the Project inception; and
WHEREAS, on April 21, 2026, the City Council approved the ATP with the conditions listed below; and
- Enhance reference of the Bicycle Boulevard as a Class III bikeway with example signage and marking.
- Show on the recommended bikeways map the existing Class III bikeway on Pinole Valley Road between Ellerhorst Street and San Pablo Avenue. - Reference the more recent update of NACTO 2025 Urban Bikeway Design Guide. - Reference the Caltrans 2025 Bay Area Bike Plan Update and the 2024 Bicycle Best Practices.
- Conduct a community workshop in July of 2026 to supplement the outreach efforts conducted in past years.
- Update the ATP based on the community workshop and bring the updated report for the City Council consideration in September 2026.
WHEREAS, all aforementioned revisions were applied to the ATP and the report was posted on the City’s website for public access, and staff scheduled the community workshop on July 23, 2026; and
WHEREAS, to accommodate the additional revisions that may result from the community workshop, there is a need to extend duration of the Consulting Services Agreement to September 30, 2026, and to increase its budget by up to $20,000 depending on the extent of revisions for a new not-to-exceed total amount of $238,000.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pinole does hereby approve a second amendment to the Consulting Services Agreement with GHD, Inc., and authorize the City Manager to execute the amendment in a form approved by the City Attorney to:
1- Extend the Term of Services to end on September 30, 2026. 2- Increase the Compensation from $ 218,000 to a not-to-exceed amount of $238,000, an increase of up to $20,000 to be paid at satisfactory update of the ATP.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of July 2026 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 7th day of July 2026.
____________________________
Heather Bell
City Clerk
CITY COUNCIL
REPORT 9.I.
DATE: JULY 7, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heba El-Guindy, Public Works Director, [email protected] SUBJECT: ADOPT RESOLUTION APPROVING CONSTRUCTION SERVICES
AGREEMENT BETWEEN THE CITY OF PINOLE AND MCGUIRE AND
HESTER FOR IMPLEMENTATION OF PHASE 1 OF FISCAL YEAR 2026/27 ROAD REHABILITATION PROJECT (CIP PROJECT # RO2301)
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution (Attachment A) approving the Construction Services Agreement between the City and McGuire and Hester (Attachment B) for implementation of Phase 1 of Fiscal Year 2026/27 Road Rehabilitation Project (CIP Project # RO2301).
BACKGROUND
The Council approved Capital Improvement Plan (CIP) contains the annual Road Rehabilitation Project (CIP Project # RO2301). Implementation of Phase 1 of Fiscal Year (FY) 2026/27 Road Rehabilitation Project is scheduled to commence in July 2026, subject to Council approval. Improvements under Phase 1 of the Project include the following:
• Slurry Seal of Pinole Valley Road between the Pinole Creek bridge at the southerly limit and Simas Avenue as the northerly limit, including enhancements to signage and pavement markings and the construction of 18 new ADA-compliant curb ramps. • Addition of flat-topped speed humps across Pinole Valley Road at the pedestrian crossings at Wright Avenue, Simas Avenue, and Monte Verde Drive. • Slurry seal of Marlesta Road between Appian Way and Jones Avenue, including construction of 4 new ADA-compliant curb ramps.
• Grind and overlay of Shea Drive between Pinole Valley Road and Sarah Drive, including removal and replacement of the parabolic speed humps and construction of 4 new ADA-compliant curb ramps.
The Request for Bids (RFB), including the Project plans and specifications, was published on OpenGov on May 15th by 5:00 PM with bids opening on June 8th at 3:00 PM.
REVIEW AND ANALYSIS
In response to the City’s RFB, five bids were received as follows:
BIDDERTOTAL BASE BID
Rapid Grading $1,821,822.61
Radius Earthwork $1,716,447.50
Ghilotti Bros of San Rafael $1,789,237.00
McGuire and Hester $1,656,347.00
Ghilotti Bros of Santa Rosa $1,857,308.36
Staff reviewed all bids based on multiple elements including the base bid cost, consistency with the bid requirements, contractor’s experience with similar work, and securing the insurance and bond requirements. Based on the conducted bid review, staff recommend selection of the lowest and compliant construction bid submitted by McGuire and Hester in the amount of $1,656,347.00. This is in addition to 20% to accommodate potential change orders and contingency in the amount of $331,269.40, for a total contract amount of up to $1,987,616.40. The draft Construction Services Agreement between the City and McGuire and Hester is attached for the City Council review and approval.
It should also be noted that Phase 2 of the Road Rehabilitation Project planned to implement rubberized pavement on several local and collector residential streets is planned for the months of July through September including the bid process and City Council approval.
FISCAL IMPACT
Phases 1 & 2 of the FY 2026/27 Road Rehabilitation Project (CIP Project # RO2301) has a total budget of up to $4,207,088 consisting of Gas Tax ($2,000,000 – Fund 200), Measure J ($1,250,000 – Fund 215), STMP grant ($60,000 – Fund 325), CalRecycle grant ($47,088 – Fund 325), and Vehicle Impact Fees ($400,000). This is in addition to supplemental City Street Improvements fund (Fund 325) under Project # RO2506 – Traffic Calming Program (up to $200,000), Project # 2504 – Pavement Signage and Marking Upgrades (up to $100,000), and by Project # RO2501 – Accessibility Improvements (up to $150,000).
Implementation of Phase 1 of the Road Rehabilitation Project covered by the attached Construction Services Agreement between the City and McGuire and Hester amounts to a total of up to $1,987,616.40 including the base bid of $1,656,347.00 in addition to a 20% in the amount of $331,269.40 to accommodate potential change orders and contingency. Phase 1 of the Project will be mainly funded by Gas Tax as previously reported to the Metropolitan Transportation Commission (MTC).
ATTACHMENTS
A. Resolution
B. McGuire and Hester Construction Services Agreement
RESOLUTION NO. 2026-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING THE
CONSTRUCTION SERVICES AGREEMENT BETWEEN THE CITY OF PINOLE AND McGUIRE AND HESTER FOR IMPLEMENTATION OF PHASE 1 OF FISCAL YEAR 2026/27 ROAD REHABILITATION PROJECT (CIP PROJECT # RO2301) WHEREAS, the Council approved Capital Improvement Plan (CIP) contains the annual Road Rehabilitation Project (CIP Project # RO2301); and WHEREAS, Fiscal Year (FY) 2026/27 Road Rehabilitation Project has Phases 1 and 2 planned; and
WHEREAS, Phase 1 of the Road Rehabilitation Project contains: (a) Slurry Seal of Pinole Valley Road between the Pinole Creek bridge at the southerly limit and Simas Avenue as the northerly limit including enhancements to signage and pavement markings and the construction of 18 new ADA compliant curb ramps, (b) Addition of flat-topped speed humps across Pinole Valley Road at the pedestrian crossings at Wright Avenue, Simas Avenue, and Monte Verde Drive, (c) Slurry seal of Marlesta Road between Appian Way and Jones Avenue, including construction of 4 new ADA compliant curb ramps, and (d) Grind and overlay of Shea Drive between Pinole Valley Road and Sarah Drive, including removal and replacement of the parabolic speed humps and construction of 4 new ADA compliant curb ramps; and
WHEREAS, Phase 2 of the Road Rehabilitation Project is planned to implement rubberized pavement on several local and collector residential streets to be pursued in future months; and
WHEREAS, a Request for Bids (RFB), including the Project plans and specifications, for construction of Phase 1 of the Road Rehabilitation Project was published on OpenGov on May 15th with bids opening taking place on June 8th; and WHEREAS, five bids were received with a base bid ranging between $1,656,347.00 and $1,857,308.36; and
WHEREAS, staff reviewed all bids based on multiple elements including the base bid cost, consistency with the bid requirements, contractor’s experience with similar work, and securing the insurance and bond requirements; and
WHEREAS, based on the conducted bid review, staff recommend selection of the lowest and responsive construction bid submitted by McGuire and Hester in the amount of $1,656,347.00. The associated Construction Services Agreement has additional Compensation of up to 20% ($331,269.40) to accommodate potential change orders and contingency, for a total contract amount of up to $1,987,616.40 mainly funded by Gas Tax Fund (Fund 200).
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pinole does hereby:
1- Approve the Construction Services Agreement (Exhibit A of Resolution) between the City and McGuire and Hester for implementation of Phase 1 of the Road Rehabilitation Project (CIP Project # RO2301) in the total contract amount of up to $1,987,616.40 including a 20% added to the base bid to accommodate potential change orders and contingency.
2- Authorize the City Manager to execute the Construction Services Agreement between the City and McGuire and Hester and other associated documents.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 7th day of July 2026 by the following vote, to-wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 7th day of July 2026.
____________________________
Heather Bell
City Clerk
CONSTRUCTION SERVICES AGREEMENT BETWEEN
THE CITY OF PINOLE AND McGUIRE AND HESTER
Project: RO2301 – Pavement Rehabilitation
This agreement for Construction Services (“Agreement”) is entered into on July 10, 2026 between the CITY OF PINOLE, a municipal corporation, with offices located at 2131 Pear Street, Pinole, California (“City”) and McGUIRE AND HESTER. (“Contractor”) (together sometimes referred to as the “Parties”).
WITNESSTH:
WHEREAS, Contractor and Contractor’s Surety are providing the bonds attached hereto and incorporated by this reference; and
WHEREAS, City desires to contract with Contractor to perform the construction services detailed in this Agreement; and
In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
1. CONTRACT DOCUMENTS. Contractor is required to submit a project schedule within (5) days of signing of the Agreement with a start date including a pre-construction meeting immediately following issuance of the Notice to Proceed.
The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The Contract Documents shall include the Notice Inviting Bids, Instructions to Bidders, Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates, affidavits and other documentation), this Agreement, Performance Bond, Labor and Materials Bond, Maintenance Bond, General Conditions, any Supplementary General Conditions, Special Provisions, Specifications, Drawings, all Addenda, and Change Orders executed pursuant to the provisions of the Contract Documents. The General Conditions shall mean and refer to the current General Conditions of the City which are incorporated herein by this reference as if set forth herein.
This Agreement, and the Contract Documents, includes the exhibits to this Agreement, including Exhibit A Required Federal-Aid Contract Language (For Local Assistance Construction Projects) (Includes Form FHWA-1273 from Bid Documents), and Exhibit B Minimum Wage Rates (Federal and State Prevailing Wage Rates from Bid Documents.)
1.1 NOTICE TO PROCEED. The Notice to Proceed will be issued within (5) workdays of the fully signed and executed Agreement, provided that City has received all documentation including bonds from Contractor.
2. AGREEMENT CONTROLS. In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail. Unless otherwise specifically provided herein, all works and phrases defined in the General Conditions shall have the same meaning and intent in this Agreement.
3. INDEPENDENT CONTRACTOR. It is specifically understood and agreed by all parties hereto that Contractor is, for the purposes of this Agreement, an independent contractor and not an employee of the City. Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever for or against the City.
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4. ASSIGNMENT. This Agreement may not be assigned by Contractor, in whole or in part, without prior written consent of the City.
5. TERMINATION. This Agreement may not be canceled by the City at any time without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, the City shall pay Contractor for all services rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.
6. SCOPE OF CONTRACT. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of the City, all the work called for, and in the manner designated in, and in strict conformity with the Project entitled:
Project Name: Pavement Rehabilitation
Project No.: RO2301
7. CONTRACT AMOUNT AND PAYMENTS. The City agrees to pay and Contractor agrees to accept, in full payment for the above work, One Million Six Hundred Fifty-Six Thousand and Three Hundred FortySeven Dollars ($1,656,347.00) including a Ten Percent (10%) Retention, as stipulated sum price which Contractor bid in its Bid Form, subject to additions and deductions by Change Order(s) as provided in the General Conditions; in addition to 20% to accommodate potential change orders and contingency in the amount of $331,269.40, for a total contract amount of up to $1,987,616.40.
Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
8. PROGRESS AND FINAL PAYMENTS. Progress and final payments shall be in accordance with the General Conditions.
9. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR. When, under the provisions of this Contract, the City is authorized to charge against Contractor, the City may deduct and retain the amount of Ten Percent (10%) from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from the City. If, on completion or termination of the Contract, sums due contractor are insufficient to pay the City’s charges against Contractor, the City shall have the right to recover the balance from Contractor or his sureties.
10. TIME OF COMPLETION. The entire work shall be completed to the satisfaction of the City within Sixty (60) working days, commencing on the date of issuance of the Notice to Proceed. Failure to complete the entire work by the completion date and in the manner provided for by the Contract Documents shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents.
11. PROJECT SITE. Contractor shall perform the Services in such a manner as to cause a minimum of interference with City’s operations and the operations of other contractors at each Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Services at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish.
Each Project site may include all buildings, offices, and other locations where Services are to be performed, including any access roads. Contractor shall be solely responsible for the safe transportation and packing in proper containers and storage of any equipment required for performing the Services, whether owned, leased Construction Agreement between the City of Pinole and McGuire and Hester 2 of 19
or rented. City will not be responsible for any such equipment which is lost, stolen or damaged or for any additional rental charges for such equipment. Equipment left or stored at a Project site, with or without permission, is at Contractor’s sole risk. City may assume that anything left on the work site an unreasonable length of time after said work is completed has been abandoned. Any transportation furnished by City shall be solely as an accommodation and City shall have no liability, therefore. Contractor acknowledges and agrees that it shall assume the risk and is solely responsible for its use of any City owned equipment and property provided by City for the performance of Services. City shall have no liability to Contractor, therefore.
In addition, Contractor further acknowledges and agrees that it shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks, or other motorized vehicles as well as any equipment, tolls, or other property which is utilized by Contractor on each Project site. 12 INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.
12.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than One Million Dollars ($1,000,000.00) per accident.
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
12.2 General Liability Insurance. General liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability. a) Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence).
b) Claims-made coverage is not acceptable.
c) The limits of liability shall not be less than:
Each occurrence: TWO Million Dollars ($2,000,000)
Products & Completed Operations: One Million Dollars ($1,000,000) Personal & Advertising Injury: One Million Dollars ($1,000,000) d) If a general aggregate limit of liability is used, the minimum general aggregate shall be twice the ‘each occurrence’ limit or the policy shall contain an endorsement stating that the general aggregate limit shall apply separately to the project that is the subject of the contract. e) If any products and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate shall be twice the ‘each occurrence’ limit or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to the project which is the subject of the contract. f) If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any Construction Agreement between the City of Pinole and McGuire and Hester 3 of 19
available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
12.3 Automobile Liability Insurance. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles. a) Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbol 1 (any auto).
b) The limits of liability per accident shall not be less than:
Combined Single Limit One Million Dollars ($1,000,000)
If Automobile Liability coverage, as required above, is provided by the Commercial General Liability form, the General Liability policy shall include an endorsement providing automobile liability as required above.
12.4 General Liability/Umbrella Insurance. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.
12.5 All Policies Requirements.
12.5.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
12.5.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; and (2) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 5.
12.5.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor’s earliest possible opportunity and in no case later than ten (10) working days after Contractor is notified of the change in coverage.
12.5.4 Additional insured; primary insurance. A certified endorsement at least as broad as Insurance Services Office form number CG 20 10 (11/85 ed.) shall be attached to all policies stating that the City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and Construction Agreement between the City of Pinole and McGuire and Hester 4 of 19
automobiles owned, leased, or used by the Contractor in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
A certified endorsement shall be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
12.5.5 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
12.5.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
12.5.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected.
12.5.8 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
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12.6 Waiver of Subrogation. Contractor agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors.
13 NO WAIVER OF REMEDIES. Neither the inspection by the City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by the City, nor any extensions of time, nor any position taken by the City or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to the City or any right to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in this Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and the City shall have any and all equitable and legal remedies which it would in any case have. 14 DETERMINATION OF DAMAGES. The actual fact of the occurrences of damages and the actual number of damages which the City would suffer if the work were not completed within the specified times set forth are dependent upon many circumstances and conditions and it is impracticable and extremely difficult to fix the actual damages. Damages which the City would suffer in the event of delay include loss of the use of the project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City by reasons of the delay in the completion of the project to serve the public at the earliest possible time. Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that he/she understands, has ascertained and agrees, that the amounts set forth herein as liquidated damages shall be presumed to be that number of damages sustained by the failure of Contractor to complete the entire work within the times specified.
15 LIQUIDATED DAMAGES. The amount of the liquidated damages to be paid by Contractor to the City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be One Thousand Dollars ($1,000) for each Calendar Day, continuing to the time at which the work is completed. Such amount is the actual cash value agreed upon as the loss to the City resulting from Contractor's delay. 16 TERMINATION AFTER ALLOTED WORKING OR CALENDAR DAYS. In addition to any rights it may have, the City may terminate this Contract at any time after the allotted number of Working or Calendar Days as adjusted by any extensions of time for excusable delays that may have been granted. Upon such termination, Contractor shall not be entitled to receive any compensation for services rendered by him before or after such termination, and he shall be liable to the City for liquidated damages for all periods of time beyond such termination date until the work is completed.
17 CONTRACT BANKRUPT. If Contractor should commence any proceeding under the Bankruptcy Act, or if Contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, Construction Agreement between the City of Pinole and McGuire and Hester 6 of 19
terminate the Contract and complete the work by giving notice to Contractor and his surety according to the provisions of Section 1-15 of the General Conditions. The City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the Standard Specifications.
18 PERFORMANCE AND PAYMENT BONDS. The Contractor shall, before beginning said work, file two bonds with the City, each made payable to the City. These bonds shall be issued by a Surety Company authorized to do business in the State of California and shall be maintained during the entire life of the Contract at the expense of the Contractor. a) One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract. b) The second bond shall be the Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California and shall be in the amount of one hundred percent (100%) of the Contract.
Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.
Bonds shall only be accepted from an “Admitted surety insurer,” which means an insurer to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit the original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.
All bonds submitted shall include the following:
1. Full name and address of the Contractor Surety, and the City;
2. Contract Date;
3. Exact Contract Sum;
4. Project Name and Address;
5. Signature of the Contractor
6. Corporate Seal, if applicable;
7. Signature of Authorized Surety Representative;
8. Notarization of the Contractor and Surety;
9. Power of Attorney; and
10. Local contact for surety, with name, phone number, and address to which legal notices may be sent.
19 SUBSTITUTION OF SECURITIES OF MONEY WITHELD. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Contract. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit.
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20 GENERAL LIABILITY OF THE CONTRACTOR. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, light, heat, utilities, transportation and other facilities and services necessary for the execution and completion of the Work in accordance with the Contract Documents and any applicable code or statute, whether or not specifically described herein, as long as same is reasonably inferable therefrom as being necessary to produce the intended results, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. The mention of any specific duty or liability of Contractor and, any reference to any specific duty or liability shall be construed to be for the purpose of explanation.
21 AUTHORITY OF THE CITY. The City will decide all questions regarding the quality and acceptability of materials furnished, work performed, and rate of progress of the Work. The City will decide all questions regarding the interpretation and fulfillment of the Contract on the part of the Contractor, and all questions as to the rights of different prime contractors involved with the Work. The City will determine the amount and quality of the Work performed and materials furnished for which payment is to be made under the Contract.
The City will administer its authority through a duly designated representative identified at the pre-construction conference. The Contractor and City’s designated representative (the Owner’s Representative) shall make good faith attempts to resolve disputes that arise during the performance of the Work.
Any order given by the City not otherwise required by the Contract to be in writing shall be given or confirmed by the City in writing at the Contractor’s request. Such request shall state the specific subject of the decision, order, instruction, or notice and, if it has been given orally, its date, time, place, author and recipient.
Any plan or method suggested to the Contractor by the ENGINEER, or any of the Owner’s Representative, but not specified or required in writing, if adopted or followed in whole or in part by the Contractor, shall be used at the risk and responsibility of the Contractor. The City assumes no responsibility.
22 RESPONSIBILITY OF THE CONTRACTOR The Work shall be under the Contractor's responsible care and charge until completion and final acceptance, and the Contractor shall bear the entire risk of injury, loss, or damage to any part by any cause. The Contractor shall rebuild, repair, restore, and make good all injuries, losses or damage to any portion of the Work or the materials occasioned by any cause, and shall bear the entire expense.
The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference being made herein merely for the purpose of explaining the specific duty or responsibility.
The Contractor shall do all of the work and furnish all labor, materials, tools, equipment, and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the Work herein required, including any change order work or disputed work directed by the City in conformity with the true meaning and intent of the Contract Documents, within the time specified.
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23 INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. To the fullest extent permitted by law, the Contractor shall indemnify, defend with counsel acceptable to the City, and hold harmless the City, its officers, officials, employees, agents, and volunteers from and against any and all losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions of this Contract, caused in whole or in part by any negligent or willful act or omission of the Contractor, its officers, employees, or agents, or anyone directly or indirectly acting on behalf of the Contractor, regardless of whether caused in part by a party indemnified hereunder. Nothing contained in the foregoing indemnity provisions shall be construed to require the Contractor to indemnify the indemnified party in contravention of Section 2782 of the Civil Code for the active or sole negligence or willful misconduct of that indemnified party
To the fullest extent permitted by law, the Contractor’s duty to defend shall extend, without limitation, to any suit or action founded upon any losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions hereof, or in any way arising out of or connected with this Contract.
The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of damages to adjacent property caused by the conduct of the Work.
The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of the violation by the Contractor, the Contractor’s agents, employees, independent contractors, Subcontractors or suppliers of any provisions of federal, State or local law, including applicable administrative regulations.
The defense and indemnity obligations also expressly extend to and include any claims, demands, damages, costs, expenses, or liability occasioned by injury to or death of any person, or any property damage to property owned by any person while on or about the site or as a result of the Work, whether such persons are on or about the site by right or not, whenever the Work is alleged to have been a contributing cause in any degree whatsoever.
In claims against any person or entity herein indemnified that are made by an employee of the Contractor or an employee of any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, a person indirectly employed by the Contractor or by any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, or anyone for whose acts the Contractor or any of the Contractor’s agents, independent contractors, Subcontractors or suppliers may be liable, the defense and/or indemnification obligation herein shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or the Contractor’s agents, independent contractors, Subcontractors or suppliers under workers’ compensation acts, disability acts, or other employee benefit acts.
The indemnification obligations herein shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty.
The indemnities set forth herein shall not be limited by the insurance requirements set forth in the Contract Documents.
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The indemnification requirements herein set forth shall extend to claims occurring after this Contract is terminated as well as while it is in force.
In the event the Contractor enters into any agreement with the owners of any adjacent property to enter upon or adjacent to such property for the purpose of performing this Contract, the Contractor shall fully indemnify, defend and save harmless such person, firm, or corporation, State or other governmental agency which owns or has any interest in the adjacent property. The form and content of the indemnification agreement shall be approved by the City prior to commencement of any work on or about such property. The Contractor also shall indemnify the City and other indemnities identified in this Section as provided in the Contract. These provisions shall be in addition to any other requirements of the owners of adjacent property.
24 LEGAL REQUIREMENTS.
24.1 Governing Law. The laws of the State of California shall govern this Agreement.
24.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.
24.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
24.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.
24.5 Work Requiring Payment of Prevailing Wages. The City affirmatively identifies this project as a “public work” as that term is defined by California Labor Code § 1720, and the project is, therefore, subject to prevailing wages under California Labor Code § 1771. In accordance with California Labor Code § 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement. Contractor and its subcontractors shall fully comply with all the provisions of the California Labor Code governing the performance of public works contracts including, but not limited to, payment of prevailing wages, limitations on time worked, compliance with apprentice requirements, maintenance of payroll records, posting of wages at job site and prohibitions against discrimination.
24.6 Unfair Competition. The following provision in included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and Construction Agreement between the City of Pinole and McGuire and Hester 10 of 19
agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."
24.7 INCIDENTAL BENEFICIARIES. It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to the City and Contractor. Nothing contained in the Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intent of the City and Contractor that any such person or entity, other than the City and Contractor, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary.
25 MODIFICATION.
25.1 Amendments. Any modification or amendment of any provision of this agreement shall be in writing and must be executed by both parties hereto.
25.2 Assignment. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City.
25.3 Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City. Where written approval is granted by the City, Contractor shall supervise all work subcontracted by Contractor in performing the Services; shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work; the subcontracting of any work to subcontractors shall not relieve Contractor from any of its obligations under this Agreement with respect to the Services; and Contractor is obligated to ensure that any and all subcontractors performing any Services shall be fully insured in all respects and to the same extent as set forth under Section 5, to City’s satisfaction.
25.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
25.5 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
25.5.1 Immediately terminate the Agreement;
25.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;
25.5.3 Retain a different Contractor to complete the Services not finished by Contractor; or
25.5.4 Charge Contractor the difference between the costs to complete the work at the time of breach and the amount that City would have paid Contractor if Contractor had completed the Work.
Construction Agreement between the City of Pinole and McGuire and Hester 11 of 19
26 KEEPING AND STATUS OF RECORDS.
26.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.
26.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.
26.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the “Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to the other party (the “Receiving Party”). The Receiving Party shall hold the Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer, or disclosure of such Information.
Contractor understands that City is a public City and is subject to the laws that may compel it to disclose information about Contractor’s business. 27 MISCELLANEOUS PROVISIONS.
27.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
27.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.
27.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.
27.4 Binding. This Agreement shall bind and inure to the heirs, devisees, assignees and successors in interest of Contractor and to the successors in interest of the City in the same manner as if such parties had been expressly named herein.
27.5 Survivorship. Any responsibility of Contractor for warranties, insurance, indemnity, record keeping or compliance with laws with respect to this Agreement shall not be invalidated due to the expiration, termination or cancellation of this Agreement.
27.6 No Implied Waiver of Breach. In the event that either the City or Contractor shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the Construction Agreement between the City of Pinole and McGuire and Hester 12 of 19
same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
27.7 Contract Administration. This Agreement shall be administered by the Public Works Director Heba El-Guindy or her designee, who shall act as the City’s representative. All correspondence shall be directed to or through the Public Works Director.
27.8 Notices. Any written notice to Contractor shall be sent to:
Bruce W. Daseking, Vice President
McGuire and Hester
9009 Railroad Ave
Oakland, CA 94603
Any written notice to City shall be sent to:
Heba El-Guindy, Public Works Director
City of Pinole
2131 Pear Street
Pinole, CA 94564
27.9 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.
27.10 Authority to Execute. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
27.11 Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties at such time as all of the signatories hereto have signed a counterpart of this Agreement. All counterparts so executed shall constitute one Agreement binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart.
The Parties have executed this Agreement as of the date signed by the City.
CITY OF PINOLE McGUIRE AND HESTER
________________________________ ________________________________ Naomi Kelly, City Manager Bruce W. Daseking, Vice President Dated: ___________________________ Dated: ___________________________ Construction Agreement between the City of Pinole and McGuire and Hester 13 of 19
Approved as to Form: Attested By:
_________________________________ _________________________________ Eric Casher. City Attorney Heather Bell, City Clerk
Dated: ___________________________ Dated: ___________________________ Construction Agreement between the City of Pinole and McGuire and Hester 14 of 19
EXHIBIT A
Construction Agreement between the City of Pinole and McGuire and Hester 15 of 19
Construction Agreement between the City of Pinole and McGuire and Hester 16 of 19
Construction Agreement between the City of Pinole and McGuire and Hester 17 of 19
Construction Agreement between the City of Pinole and McGuire and Hester 18 of 19
Construction Agreement between the City of Pinole and McGuire and Hester 19 of 19
CITY COUNCIL
REPORT 12.A.
DATE: JULY 7, 2026
TO: MAYOR AND COUNCIL MEMBERS
FROM: Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
SUBJECT: HOUSING SUCCESSOR FUND POLICY RECOMMENDATIONS AND
EVALUATION OF AN IN-LIEU FEE ALTERNATIVE TO THE INCLUSIONARY
HOUSING REQUIREMENT
RECOMMENDATION
Staff recommends the City Council receive an introductory report on the Partnership for the Bay’s Future Housing Successor Fund Policy Guidebook and Evaluation of an In-Lieu Fee Alternative to Inclusionary Housing, including engagement efforts, preliminary findings, and staff requests for feedback
BACKGROUND
Program 7 of the City of Pinole’s 2023–2031 Housing Element directs the City to develop a Housing Successor Low- and Moderate-Income Housing Asset Fund Policy. This policy is intended to set priorities for the use of Housing Successor funds and to evaluate the feasibility of an in-lieu fee as an alternative to the City’s inclusionary housing requirement.
Pinole serves as the Housing Successor to the former Redevelopment Agency dissolved in 2012. Under Health & Safety Code Sections 34176–34176.1, Housing Successor funds may be used for administrative costs, homeless prevention and rapid rehousing services, and affordable housing development benefiting households earning up to 80 percent AMI.
In 2024, the City, together with the Northern California Land Trust (NCLT) and the Richmond Community Foundation, was selected for the Partnership for the Bay’s Future (PBF) Fellowship. A full-time Housing Fellow began work in early 2025 to support implementation of Housing Element programs, including development of the Policy Guidebook.
REVIEW AND ANALYSIS
Housing Production Context
The Policy Guidebook is informed by the City’s recent housing progress, which has been significant. Between 2021 and 2025, Pinole constructed 339 new homes, representing a 5 percent increase over its 2021 housing stock. Notably, 262 of these units—approximately 77 percent—are affordable to very low-, low-, or moderate-income households. Two major affordable developments, Vista Woods (179 units) and Valor Village (33 units), have been completed, with several other large projects underway or in plan check (e.g., Appian Village) and entitled for devleopment (e.g., Pinole Vista at 1500 Fitzgerald and BCRE at 2801 Pinole
Valley Road).
As of 2025, the City is approximately 38 percent through the 6th RHNA planning cycle and has achieved 20 percent of its overall RHNA allocation, including 24 percent of very low-income units and 17 percent of low-income units. These figures will increase substantially as active construction projects reach completion; for example, the first phase of Appian Village will raise overall RHNA attainment to over 51 percent. This strong performance reflects ongoing development interest, steady implementation of Housing Element programs, and meaningful affordable housing production.
The City also received a certified Housing Element in 2023, continues to submit timely Annual Progress Reports, earned Pro-Housing designation from HCD, and was awarded $650,000 in Pro-Housing Incentive Program funds in early 2024. These milestones demonstrate a high level of compliance and capacity, strengthening the City’s position for funding and partnership opportunities.
Homelessness and Housing Stability Considerations
For the first time, the City now has more detailed data on residents experiencing homelessness through its contract with the Coordinated Outreach Referral and Engagement (CORE) Team. During FY 2025–26, CORE engaged with 44 unduplicated individuals experiencing homelessness in Pinole. A significant majority—84 percent—had prior roots in the community, 75 percent reported a disabling condition, and 68 percent were experiencing homelessness for the first time. This information underscores the need for housing stability and homelessness prevention programs, which are eligible uses of the Housing Successor Fund and represent an important element of the Policy Guidebook.
Evaluation of an In-Lieu Fee Alternative
Program 7 calls for the City to evaluate the feasibility of an in-lieu fee alternative to the City’s inclusionary housing requirement. To conduct this analysis, the City retained RSG under their existing Affordable Housing contract to study feasible fee levels across several development prototypes. The analysis found that while fee levels between $9 and $25 per square foot for ownership units and $12 to $49 for rental units would be financially feasible for developers, these fees would not generate sufficient revenue to develop an equivalent number of affordable units.
Based on the feasibility study, even at the highest fee levels considered financially feasible for developers, the revenues generated by an in-lieu fee would fall far short of what would be necessary to construct an equivalent number of affordable units. For example, the Appian Village project, a 154-unit for-sale condominium development with homes ranging from 1,250 to 1,820 square feet, would generate between approximately $2.8 million and $7.7 million in in-lieu fees depending on the fee level applied. Under the City’s inclusionary housing requirements, Appian Village is proposing to provide 31 affordable ownership units on site, consisting of 23 moderate-income units and 8 low-income units.
Similarly, the Pinole Vista project, a 223-unit rental development with an average unit size of 1,500 square feet, would generate between roughly $4 million and $16.4 million under the feasible fee range. Under the City’s inclusionary housing requirements, Pinole Vista is proposing 27 affordable rental units, including 14 very low-income units and 13 low-income units.
Given that the cost to construct a single affordable unit in the Bay Area commonly ranges from approximately $600,000 to more than $900,000 per unit, the amount of revenue that could be generated from an in-lieu fee at feasible levels would not come close to replacing the required affordable units within projects of this scale. This analysis reinforces the conclusion that an in-lieu fee is not an effective policy tool for larger developments in Pinole.Based on these findings, staff does not recommend pursuing an in-lieu fee for larger developments.
However, following direction from the Planning Commission, staff evaluated whether an in-lieu fee might be feasible and constructive if applied only to very small developments of 10-units and under. Replacing the existing exemption for projects with fewer than four units with a model applicable to developments with fewer than ten units could better support missing-middle housing, while also generating limited revenue from smaller projects without undermining on-site production in larger ones. Should the Council support the Guidebook’s direction, staff would return with implementing ordinances and resolutions.
Policy Guidebook Program Areas
The Policy Guidebook organizes programs and initiatives into three categories—Active, Prepared, and Emerging—to provide clarity regarding which items are already underway, which are ready for implementation, and which are recommended for further study.
The City currently supports several ongoing initiatives using the Housing Successor Fund. This include the annual CORE Team contract for homelessness engagement. The Guidebook also includes the Home Match program, which pairs residents with spare rooms with individuals seeking affordable housing options in the community.
Several programs are fully developed and ready for implementation upon Council approval of the Guidebook. These include the proposed under-10-unit in-lieu fee model and the Tenant Retention Program, which would establish a $25,000 annual contribution to the Contra Costa County Housing Security Fund to support residents at risk of losing their housing.
In addition, the Guidebook identifies several emerging initiatives, including potential development of a downpayment assistance program, opportunities to partner with community land trusts, expanded staffing capacity to support Housing Successor Fund administration, and exploration of broader tenant protection ordinances such as rent stabilization, just cause eviction protections, and right to legal counsel. These initiatives are not funded through the Housing Successor Fund but represent longer-term policy pathways aligned with community needs and Housing Element direction.
Fair Housing and Geographic Prioritization
The Guidebook incorporates a review of the City’s affirmatively furthering fair housing (AFFH) obligations. As required by Program 7, it prioritizes directing at least half of affordable housing resources to higher opportunity areas of the City, particularly in eastern Pinole, where educational and environmental conditions provide greater access to opportunity. This prioritization helps ensure that future Housing Successor investments support equitable outcomes.
Conclusion
Staff requests direction from the City Council on the preliminary findings and policy
considerations presented in the draft Housing Successor Fund Policy Guidebook and Draft InLieu Fee Study. Staff will continue to refine the document with community and stakeholder engagement and return to the Council in Fall 2026 with a final Policy Guidebook package and any recommended implementing actions.
FISCAL IMPACT
There is no fiscal impact associated with receiving this report or providing direction.
Approximately $60,000 has been expended to conduct the study to evaluate the feasibility of an in-lieu fee and develop the Policy Guidebook, funded entirely through the Housing Successor Low- and Moderate-Income Housing Asset Fund. The Partnership for the Bay’s Future grant has also provided staff capacity and technical support through the Housing Fellow and NCLT. No General Fund resources are required.
ATTACHMENTS
A. Pinole In-Lieu Fee Study for 7-7-26
B. Housing Asset Fund Policy Guidebook [draft]
RSG, INC.
Inclusionary Housing
In-Lieu Fee Analysis
DRAFT
CITY OF PINOLE
May 21, 2026
[This page left intentionally blank.]
INCLUSIONARY HOUSING IN-LIEU FEE ANALYSIS
City of Pinole
i
TABLE OF CONTENTS
EXECUTIVE SUMMARY..............................................................................................................................1 SECTION 1: BACKGROUND ......................................................................................................................4 SECTION 2: PINOLE HOUSING MARKET AND PRODUCT TYPES.........................................................8 SECTION 3: AFFORDABLE HOUSING COSTS.......................................................................................10 SECTION 4: POLICY DESIGN OPTIONS AND BEST PRACTICES........................................................15 SECTION 5: ANALYSIS OF INCLUSIONARY HOUSING IN-LIEU FEE FOR THE CITY OF PINOLE....20 SECTION 6: CONCLUSIONS AND POLICY CONSIDERATIONS ...........................................................25
1 EXECUTIVE SUMMARY
RSG, Inc. (“RSG”) prepared this Inclusionary Housing In-Lieu Fee Analysis (“Analysis”) for the City of Pinole (“City”) to support the implementation of Program 7 in the City’s 2023-2031 Housing Element (“Housing Element”). The Analysis reviews potential modifications to the City’s Inclusionary Housing Ordinance (“Ordinance”), which the City Council adopted in 2010 to promote achievement of the City’s General Plan Housing Element goals for affordable housing.
In broad terms, the existing Ordinance, which added Chapter 17.32 to the City’s Municipal Code, requires developers to restrict at least 15% of total housing units to affordable households in residential developments of four or more dwelling units. For rental housing, developers must restrict at least 40% of the affordable units to Very Low-income households, and the remainder must be affordable to Low-income households1. For ownership housing, developers must restrict 100% of the affordable units to Moderate-income households. Developers can fulfill the requirements of the Ordinance by providing affordable units on- or off-site. The City does not currently offer any other options to satisfy to requirements.
The City’s 2023-2031 Housing Element Program 7 specifies a Quantified Objective to create an in-lieu fee alternative to on-site or off-site unit production. The City seeks to offer an in-lieu fee to provide flexibility to housing developers and to create a new funding source for affordable housing projects. The City would deposit in-lieu fees to a new Inclusionary Housing Fund. The fund would be utilized to produce affordable housing projects on an ongoing basis by offering grants or loans to developers who can leverage other regional, state, and federal funding sources to produce a greater number of affordable housing units.
To evaluate the feasibility of an in-lieu fee, RSG conducted a financial analysis of six different prototypical residential developments in Pinole. RSG considered the financial impact of inclusionary requirements under the Ordinance, as expressed by an in-lieu fee amount that is generally equivalent a developer’s cost of providing affordable units on-site.
Key considerations for the City are below:
• In-Lieu Fee: RSG’s analysis finds that fees of $11 per square foot for ownership housing, and $9 per square foot for rental housing, may be feasible and supportable depending on the City’s policy preferences. The City should reevaluate the in-lieu fee amounts on a periodic basis in response to changing market conditions to ensure they correlate to the actual projected cost of on-site affordable unit production and do not make development infeasible.
• In-Lieu Fee Applicability: The City may consider allowing developments with 10 units or less to satisfy inclusionary housing requirements through the payment of an in-lieu fee. 1 The California Department of Housing and Community Development defines household income levels for affordable housing as “Very Low-”, “Low-”, and “Moderate-income” for households that earn less than 50%, 80%, or 120% of the area median income for the County, respectively.
2 The fee may assess the fee based on the residential square footage of proposed new developments.
The City may consider allowing developments with more than 10 units to satisfy inclusionary housing requirements through a combination of on-site unit production and the in-lieu fee payment. The payment of an in-lieu fee may be utilized to fulfill the inclusionary requirement for the first ten units, or if the developer can demonstrate that on-site affordable unit production is infeasible by submitting an economic analysis to the Community Development Director and Planning Commission (or City Council on appeal) for approval.
• Public Impact Statement: The City may consider requiring developers who opt to pay the in-lieu fee to submit a written public impact statement explaining why they are not providing inclusionary units on-site.
• Ordinance and Resolution: The City may add payment of an in-lieu fee as an alternative method of compliance via Ordinance. The in-lieu fee itself may be set by resolution as it changes over time.
RSG completed this Analysis during the second quarter of 2025 and it is reflective of then-existing market conditions. At that time, interest rates varied within a range similar to what was observed since mid-2023. While market consensus expected interest rates to slowly decline into the future, there were continued supply chain impacts on building material costs due to uncertainty related to tariffs. RSG does not expect this volatility to subside in the next 12-24 months. RSG designed the recommendations in this Analysis for general Ordinance feasibility over the long-term.
However, because market conditions will fluctuate, RSG recommends revisiting the Ordinance and in-lieu fee amount on a periodic basis, such as every five years or with each Housing Element update.
3 Report Organization
This Report contains six sections, as follows:
• Section 1 – Background: This section includes a summary of the current Ordinance, Pinole’s housing needs, and the use of inclusionary housing programs to create affordable housing in California.
• Section 2 – Pinole Housing Market and Product Types: This section provides an overview of the residential market in and around Pinole, including prototypical types and sizes of housing units, rental rates and sale prices, development costs, and projected investment returns to developers.
• Section 3 – Affordable Housing Costs: This section examines the net cost to produce affordable housing units in the City. This is determined by the “affordable funding gap”, which is the difference between the development cost for different unit types and sizes and the amount which households of varying sizes and income levels can reasonably afford to purchase or rent.
• Section 4 – Program Design Options and Best Practices: This section answers common questions about inclusionary housing programs and describes the range of program design options.
• Section 5 – Analysis of Affordable Unit Production Options and In-Lieu Fee Levels: This section details the calculations involved in determining a feasible inclusionary housing production requirement, as well as appropriate in-lieu amounts. • Section 6 – Conclusion: This section summarizes RSG’s findings, alternative options, and recommendations for a revised Ordinance and in-lieu fee.
4 SECTION 1: BACKGROUND
City of Pinole Affordable Housing Requirements, Municipal Code Chapter 17.32 The City’s inclusionary housing Ordinance is encoded in Municipal Code Chapter 17.32. The Municipal Code establishes policies, incentives, design standards, and alternative methods of compliance for developers to meet the City’s affordable housing needs. The following summarizes the requirements of the existing Ordinance:
On-Site Affordable Unit Production
Requirement
15% of all units must be restricted as
affordable.
Affordability Mix Rental Housing: At least 40% of the affordable units shall be designated for Very Low-income
households. The remainder should be affordable
to Low-income households. For example, if a
development includes 20 units, 3 must be
affordable, and 2 of the affordable units must be
designated for Very Low-income households.
Ownership Housing: 100% of the affordable units
shall be designated for Moderate-income
households.
Affordability Term For-rent units must be restricted for 55 years.
For-sale units must be restricted for 45 years.
Development Subject to Ordinance All residential development of 4 dwelling units or more.
This includes residential development that is
rehabilitated to increase the number of dwelling
units, such as converting a property from a twounit duplex to a four-unit fourplex.
Exclusions Development projects with less than 4 residential dwelling units.
Alternatives Off-Site Construction: Off-site unit production may include construction of all or some of the
required new affordable units at a different site,
as long as the location, unit size, unit type,
pricing and timing of availability of the proposed
off-site affordable housing units would provide
equivalent or greater benefit as on-site
production.
5 Meeting Pinole’s Regional Housing Needs Allocation (“RHNA”) The City’s affordable housing needs are largely demonstrated by the RHNA allocation as determined by the California Department of Housing and Community Development ("HCD") and the Association of Bay Area Governments (“ABAG”). RHNA determines the total number of new homes that need to be built in a region to support housing demand by income category. The Housing Element identifies sites where new housing can be built to support the City’s RHNA targets.
HCD defines household income levels for affordable housing as “Acutely-Low“, Extremely Low-”, “Very Low-”, “Low-”, and “Moderate-income” for households that earn less than 15, 30, 50, 80, or 120% of the area median income (“AMI”) for Contra Costa County (“County”), respectively. A corresponding “affordable housing cost” limit is set based on these qualifying income limits, and generally may not exceed 30% of household income. For renters, housing cost includes rent plus utilities. For homeowners, housing cost includes mortgage principal and interest, plus taxes, insurance, and HOA fees, if applicable.
The City’s RHNA for the 6th Housing Element Cycle period of 2023 through 2031 reflects a target of 500 new residential housing units, of which 12% are for Extremely Low-income households, 12% are for Very Low-income households, 14% are for Low-Income households, 17% are for Moderate-Income households, and 45% are for Above Moderate-income households. Table 1 shows this breakdown both exclusive and inclusive of Above Moderate-income housing, which is not considered affordable housing.
Table 1: City's RHNA Allocation and Unit Production (2023-2031) Absent land use regulations, incentives, and subsidies, the real estate development market will seldom provide affordable housing on its own. Either market rate developers must be required to provide it, or affordable developers must be subsidized by local, regional, state, or federal programs, or a combination of all of the above. Because cities have limited means to incentivize or subsidize production of affordable housing, they are increasingly looking to multi-pronged and integrated strategies to encourage the production of housing at all income levels. The City’s existing Ordinance causes the production of affordable units within a project or off-site to support a wider range of housing opportunities in the City.
6 Inclusionary Housing Programs in California
Cities and counties typically enact inclusionary housing programs by an ordinance that requires residential development applications, as a condition of approval, to set aside a portion of the units constructed in a project for purchase or rent by lower income households. Inclusionary policies attempt to capture some of the surplus value generated by new residential development to provide a community benefit, using local land use controls to ensure that much-needed affordable housing is produced along with market rate units. It is a flexible tool that can be tailored to local circumstances and market conditions. There is no one model policy, but rather several best practices to consider when updating an inclusionary program or setting an in-lieu fee. An inclusionary housing ordinance is only one part of an affordable housing strategy and should not be viewed as the sole means to address the need for affordable housing, which may still require public subsidies and other policies, programs, and tools.
Affordable housing units are typically restricted by covenants recorded on the property to ensure that the units remain affordable for a long duration, usually 55 years for rentals and 45 years for ownership housing. During the covenant term, it is not uncommon for units to be rehabilitated or refinanced and the covenants to be extended, often requiring additional public subsidies. In some cases, such as when a land trust or other public entity retains ownership of the land or units, the units can remain affordable in perpetuity.
Over 170 communities in California have enacted inclusionary housing ordinances or policies.
Pinole is one of 14 cities in the County that have adopted inclusionary housing policies. The County of Contra Costa also has its own inclusionary housing policy for unincorporated areas of the County.
Legal Authority for Establishing Inclusionary Requirements and Affordable Housing Fees In California, cities can regulate the use of buildings, structures, and land pursuant to Government Code Section 65850. This includes the type of land uses, building heights, parking requirements, and other improvements to property. In some cases, this can also include inclusionary housing requirements on residential and mixed-use projects.
Inclusionary housing policies have been in place throughout California since the 1970s. In 2009, cities temporarily lost their ability to apply inclusionary policies to rental housing when an appellate court determined that inclusionary housing requirements on new rental housing were in violation of the Costa Hawkins Act, a state law that limits local rent control implementation. In 2017, Assembly Bill (“AB”) 1505 (Bloom) reinstated cities’ ability to adopt and enforce inclusionary housing ordinances that apply to both for-rent and for-sale housing projects, thereby restoring a tool for cities to facilitate affordable housing development in their communities. Under Government Code Section 65850.01(a), HCD has the authority to review inclusionary housing ordinances adopted after September 2017 that require more than 15% of the units to be affordable. The purpose of this review is to ascertain whether a jurisdiction is impairing the production of market rate housing by requiring an excessive number of inclusionary units and rendering new construction infeasible.
7 In 2015, the California Supreme Court ruled that inclusionary housing requirements are not an “exaction” that needs to be justified by the impact of a project, like traffic and other development impact fees. Inclusionary policies may be based on the existing and projected housing needs of the region and other factors related to the regional welfare and not based on a demonstrated additional need for housing generated by new residential development. This means that a “nexus study” is not required under Government Code Section 66000, commonly known as the Mitigation Fee Act.
Regardless of the threshold of inclusionary housing required, Government Code Section 65850(g) requires that inclusionary housing ordinances contain alternative means for compliance, which may include the payment of in-lieu fees, off-site unit production, land dedication, and preservation of existing units. Most ordinances provide several alternatives.
Inclusionary Housing Dashboard
The Governor approved Assembly Bill 2663 in September 2024. Beginning January 1, 2026, local agencies collecting inclusionary housing in-lieu fees are required by AB 2663 to post annual updates detailing the amount of in-lieu fees collected in the previous year and identifying how the agency will use the fees for a project, if any. AB 2663 is chaptered as Government Code Section 65906.6.
8 SECTION 2: PINOLE HOUSING MARKET AND PRODUCT TYPES
RSG reviewed historical development, the Pinole zoning code, Three Corridors Specific Plan, and the upcoming development pipeline to determine the most common residential development patterns in the City and surrounding market area. This includes a review of single-family residences, condo and townhomes, and multifamily rental apartments at several different densities. The analysis considers development with and without a mixed-use commercial component. Accordingly, the product types used in this analysis include single-family residential development, condo or townhome development, and multifamily rental apartment developments of varying sizes and densities. RSG believes that these product types provide an accurate cross section of the potential residential developments affected by the City’s existing Ordinance based on the data reviewed, discussions with City staff, and RSG’s knowledge of the residential market.
RSG analyzed new single-family residential homes and condo and townhomes built in the region between 2020 and 2024 to develop assumptions about for-sale residential product types within the City. RSG used ParcelQuest to obtain a database of all residential properties built in the region during this time. RSG included homes and condos built in Antioch, Bethel Island, Brentwood, Byron Bay, Discovery Bay, El Sobrante, Martinez, Oakley, Pittsburgh, Richmond, and San Pablo.
ParcelQuest utilizes County Assessor data to provide property information, including sales information, such as sale date and price, and property characteristics, such as lot size, building area, garage square footage, number of bedrooms and bathrooms, stories.
For multifamily rental residential, RSG used market analytics to develop assumptions. RSG relied on Costar market and submarket analytics reports, which summarize market rental rates by number of bedrooms, as well as the City’s current development pipeline. Pinole is located in Costar’s Richmond-Martinez multifamily submarket, which includes El Cerrito, Richmond, San Pablo, El Sobrante, Tara Hills, Pinole, Hercules, Rodeo, Tormey, Crockett, Martinez, and Vine Hill. Costar’s development data includes unit sizes, distribution of bedrooms, lease rates, parking types, amenities, and other information about multifamily properties.
RSG used the development program information to estimate residential development costs using CoreLogic’s Marshall Valuation Service, which is a comprehensive cost-estimating tool and methodology that is updated monthly and serves the appraisal, development, and insurance industries.
The six market rate residential prototypes that RSG identified are summarized in Table 2, including the typical development density, unit size, and development costs. The assumptions in Table 2 represent averages for prototypical development types seen in the Pinole market area.
9 Table 2: Summary of Development Prototypes
10 SECTION 3: AFFORDABLE HOUSING COSTS
RSG determined monthly rents and sale prices for affordable housing units in California in accordance with the California Health & Safety Code (“HSC”). RSG’s calculations for rental housing are made pursuant to HSC Section 50053(b), and calculations for owner-occupied housing are made pursuant to HSC Section 50052.5(b). Affordable housing costs are a function of the AMI, adjusted for family size appropriate to the unit, which is assumed to be one person in a studio unit, two persons in a one-bedroom unit, three persons in a two-bedroom unit, four persons in a three-bedroom unit, five persons in a four-bedroom unit, and so on.
The qualifying income limits for Extremely Low-, Very Low-, Low-, and Moderate-income households adjusted for household size are established annually by HCD for each California county in accordance with data provided by the United States Department of Housing and Urban Development (“HUD”). The County 2025 median income for a household of four is $159,800.
Table 3 shows the range of 2025 County AMI by household size and the qualifying income limits by category.
Table 3: Contra Costa County Income Limits
This Analysis incorporates the data in Table 3 to calculate affordable housing cost, rents, and prices based on the income category of the household, adjusted for family size.
Affordable Rents and Rental Unit Values
RSG calculated the maximum affordable rental costs per HSC Section 50053(b) to reflect the affordable housing cost by income category, adjusted for household size, net of a deduction for utility allowance. The calculation of annual affordable rental housing cost may not exceed the following:
• For Extremely Low-income households, the product of 30% times 30% of AMI adjusted for family size appropriate for the unit.
• For Very Low-income households, the product of 30% times 50% of the AMI adjusted for family size appropriate for the unit.
• For Low-income households, the product of 30% times 60% of the AMI adjusted for family size appropriate for the unit.
Income Category AMI 1 2 3 4 5
Extremely Low 30% $33,555 $38,355 $43,140 $47,940 $51,780 Very Low 50% 55,925 63,925 71,900 79,900 86,300
Low 60% 67,110 76,710 86,280 95,880 103,560
Median 100% 111,850 127,850 143,800 159,800 172,600
Moderate 110% 123,035 140,635 158,180 175,780 189,860
Sources: California Department of Housing and Community Development, RSG Income Limit by Household Size (Persons)