Wasco City Council
December 28, 2022

RESOLUTION NO. 2022 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO FINALIZE AND EXECUTE THE AGREEMENTS ATTACHED HERETO AS EXHIBIT “A” BETWEEN THE CITY OF WASCO AND THE CALIFORNIA HIGH-

SPEED RAIL AUTHORITY

WHEREAS, the City wishes to finalize and execute the agreements with the California High-Speed Rail Authority; and

WHEREAS, the agreements are attached hereto as Exhibit “A.” are titled as follows:
• Cooperation and Resolution Agreement
• Demolition Reimbursement Agreement
• Grade Separation Agreement
• Ownership & Maintenance Agreement
• Right of Way of Transfer Agreement; and

WHEREAS, The said agreements shall not be effective unless and until executed by the City Manager upon satisfaction of the City Attorney and the requirements and contingencies identified herein.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the City Manager or his designee to Finalize and execute the agreements with The California High- Speed Rail Authority , subject to approval by the City Attorney.

SECTION 2: The agreement shall not be effective unless and until executed by the City Manager upon satisfaction of the City Attorney and the requirements and contingencies identified herein.

-o0o-

I HEREBY CERTIFY that the foregoing Resolution No. 2022 - ___was passed and adopted by the Council of the City of Wasco at a special meeting thereof held on December 28, 2022, by the following vote:

COUNCIL MEMBERS: Martinez, Garcia, Medina, Reyna, Saldaña AYES:

Noes:

ABSTAIN:

ABSENT:

__________________________________

VINCENT, MARTINEZ
MAYOR of the City of Wasco
Attest: _____________

__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

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 Draft agreement – Privileged and protected during negotiations under Evidence Code Sections 1118 and 1152

COOPERATION AND RESOLUTION AGREEMENT

BETWEEN

THE CALIFORNIA HIGH-SPEED RAIL AUTHORITY
AND

THE CITY OF WASCO
This Cooperation and Resolution Agreement (“Agreement”) is effective as of the latest date of execution by both Parties (the “Effective Date”) and is made by and between the City of Wasco, a California municipal corporation (“Wasco” or “City”) and the California High-Speed Rail Authority (“Authority”). Wasco and the Authority are collectively referred to as “Parties” or individually as a “Party”. This Agreement memorializes the understanding and intentions of the Parties.

RECITALS
A. The Authority is responsible for the planning, design, construction, and operation of the first high-speed rail system in California. The Authority is currently constructing and implementing the high- speed rail system through various projects throughout the state under current provisions of Section 2704 et seq. of the California Streets and Highways Code and Sections 185000 et seq. of the California Public Utilities Code (“HSR Project”).

B. The Authority commenced preparation of a second- tier Fresno to Bakersfield Section (“Project Section”) Environmental Impact Report/Environmental Impact Statement (“EIR/EIS”) in 2009, releasing for public comment a Draft EIR/EIS in August 2011 and a Revised Draft EIR/Supplemental Draft EIS in July 2012. These documents evaluate construction and operations impacts of the HSR Project between downtown Fresno and downtown Bakersfield.

C. In 2014, the Authority approved the Final EIR/EIS for this Project Section.

D. The Authority is currently in the process of designing, developing, and constructing portions of the Project Section including portions of the alignment that go through the City of Wasco.

E. Construction for the HSR Project and Project Section in and around the City of Wasco is being implemented through Construction Package 4 (“CP-4”). The HSR Project alignment traverses the City of Wasco just West of the BNSF Railway Company’s tracks (“BNSF tracks”). The original Project Section design concept included a viaduct through the City of Wasco. However, the Design Builder proposed an Alternative Technical Concept, a revision to the original Project Section design c oncept that brought the  Deliberative Draft
 Draft agreement – Privileged and protected during negotiations under Evidence Code Sections 1118 and 1152

alignment from raised viaduct to grade level through portions of the City (referred to as the “Revised Design” herein).

F. T he City of Wasco, through its leadership, has raised concerns regarding the Authority’s design, development, and construction of portions of the Project Section, including the Revised Design. The Authority acknowledges the concerns but disagrees with the City in many respects. Negotiation and outreach have nonetheless occurred between the Authority and the City regarding the Parties’ desire to reach a resolution regarding the concerns as set forth herein.

G. The Authority and City leadership have been engaged in a series of discussions regarding the HSR Project, impacts identified in the Final EIR/EIS and its related construction projects, the Revised Design and impacts identified by the City. The Parties do not agree in all respects regarding impacts, the extent of impacts or the best resolution for alleged impacts.

H. The Parties nonetheless have agreed to compromise their respective positions and reached an agreement to work together to implement certain projects to address the City’s concerns, and globally settle and release the City’s Claims (defined below in Section 1 5) according to the terms, conditions and consideration identified in this Agreement.

I. This Agreement involves a group of “Infrastructure Improvements” as further defined in Section 8 herein and identified in Attachment A hereto showing a map of the relative locations of the Infrastructure Improvements.

J. The Parties have also agreed to resolve additional issues in the City of Wasco segment of the Project Section through t hree additional, separate agreements: (1) the Operations and Maintenance Agreement (“O&M Agreement”), (2) the Grade Separation Agreement (Grade Separation Agreement), and (3) the vacant housing site demolition and cleanup reimbursement agreement (“Reimbursement Agreement”) to be executed concurrently with this Agreement. These separate agreements are identified for reference and context only and are expressly not incorporated in this Agreement. The O&M Agreement provides a one- time payment to the City for ongoing operation and maintenance costs related to: (1) the grade separation of Poso Avenue under Wasco Avenue, the existing BNSF tracks, and future HSR Project tracks between SR 43/F Street and the southerly extension of J Street (the “ Poso Avenue U nderpass”); and (2) the structure located east of the intersection of 7
th Street and G Street which allows grade-
separated pedestrian traffic to travel under future HSR tracks to access the existing Amtrak platform lying within the BNSF right -of-way (“Amtrak Pedestrian Tunnel ”). The Grade Separation Agreement pertains to the grade separation of Poso Avenue under Wasco Avenue. The Reimbursement Agreement is further described in Section 12, herein.
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NOW, THEREFORE, in consideration of the mutual promises and/or covenants contained in this Agreement and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

AGREEMENT TERMS

1. Recitals and Definitions Incorporated; Effective Date. a. Each recital and definition set forth above is incorporated herein by this reference and is made part of the Agreement.
b. The rights, duties and obligations of the Parties under this Agreement shall be effective as of the date that the Parties have fully executed all of the following: (1) this Agreement, (2) the O&M Agreement, (3) the Reimbursement Agreement, and (4) the Grade Separation Agreement such date being the “Effective Date”.

2. 13
th Street Widening Project
a. The Revised Design contemplated a two-lane undercrossing at Sixth Street and at Poso Avenue, and a pedestrian undercrossing at Seventh Street to access the Amtrak platform.
b. During design of the at-grade section, it was requested by the City, and agreed to by the Authority, that the Sixth Street vehicle undercrossing be removed from the design. In addition, the Authority agreed to the request from the City to widen Poso Avenue to four lanes plus a pedestrian walkway and extend to connect to J Street east of the BNSF tracks as opposed to what was originally contemplated to be a terminus at Wasco Avenue (“Poso Avenue Extension”).
c. The Poso Avenue Extension, and the related underpass, impacted access to properties on the south side of Poso Avenue between SR43 and G Street. d. As a condition of granting a permit and meeting City standards, the City of Wasco required that 13th Street (between F Street and G Street) be widened to a minimum 30-foot street cross section for residential frontage to provide primary access for residential properties, emergency vehicles and refuse collection vehicles (“ 13th Street Widening Project”).
e. Consistent with Section 8 and subject to Section 15, the City hereby agrees to be responsible for implementing all work associated with the 13th Street Widening Project upon receipt of the Payment described at Section 14 which payment is made by the Authority in lieu of undertaking the work itself.
f. The 13th Street Widening Project work includes all improvements necessary to resolve the City’s concerns regarding modification of access to Poso Avenue and access on 13
th Street, including all related work.

3. Booth Property: Well #13
a. T he Revised Design meant that the new at -grade alignment would conflict with a then-existing City of Wasco public water well known as Well #9 requiring its  Deliberative Draft
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relocation. N ew City of Wasco regulations at the time of the Revised Design dictated that all new water wells be constructed on a minimum 2-acre parcel of property, and that all new wells meet additional water treatment requirements. b. To facilitate th e well relocation, the Authority funded the purchase by the City of the smallest parcel of available property that could be found within the City’s limits and meet its regulatory requirements. This 5-acre parcel is located on the east side of Wasco Avenue and south of Poso Avenue in Wasco (referred to as the “Booth property” herein).
c. As part of CP-4, the Authority completed the first phase of the well relocation work on the Booth property (the replacement well is known as “Well #13”). The new Well #13 work included: drilling, digging, and excavating the well, installing the concrete casing and a temporary pump that is ready for production testing ( “Phase 1 Well Work”). The Authority obtained, and the City provided, the permissions and permits required for this Phase 1 Well Work. The City hereby agrees that the Phase 1 Well Work was performed satisfactorily and consistent will all applicable requirements and regulations.
d. The well relocation requires a second phase of work which the Parties hereby agree will be undertaken and completed by the City ( “Phase 2 Well Work ”). The Phase 2 Well Work shall include the purchase, construction and installation of the permanent pump, all other necessary well equipment, equipment foundations, blockwork, an ancillary building for pumps and storage, site development, and any other work required to make Well #13 operational.
e. The property on which the former Well #9 was located was acquired by the Authority. The former Well #9 has been abandoned as per City standards by the HSR contractor. The City hereby agrees that as of the Effective Date the Authority will have no further responsibility or liability regarding Well #9. f. Consistent with Section 8 and subject to Section 15, the City hereby agrees to be responsible for implementing all site development and Well #13 commissioning , including all related work, upon receipt of the Payment described at Section 14 which payment is made by the Authority in lieu of undertaking the work related to Well #13 itself.

4. Booth Property: Pioneer Building
a. On the northwest corner of the Booth property is a structure known as the Pioneer Building. As part of the work required for Well #13, the City previously required that the Authority demolish the Pioneer Building at the Authority’s cost. The City has reconsidered its requirement and will, instead, repurpose the building for its own uses (“Pioneer Building Repurposing”).
b. Consistent with Section 8 and subject to Section 15, the City hereby agrees to be responsible for implementing any and all work associated with repurposing the Pioneer Building, including all related work, and releases the requirement that the  Deliberative Draft
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Authority demolish or repurpose the Pioneer Building upon receipt of the Payment from the Authority described at Section 14.

5. Utility Connection at J Street
a. As part of the Revised Design, Poso Avenue is being extended to the east and will intersect with a new J Street extension. In addition, a portion of J Street is being realigned and extended to intersect with Poso Avenue (at a location approximately 1,000 feet to the east of the existing intersection of J Street and Poso Avenue). b. The City maintains that the Authority is responsible for the work of connecting the J Street Sewer utilities from the newly reconstructed J Street to the City’s existing utility facilities at or near Ninth Street and making them operable. c. Consistent with Section 8 and subject to Section 15, the City hereby agrees to be responsible for the work of connecting the J Street sewer utilities from the newly reconstructed (by the Authority’s contractor) J Street manhole and sewer line to the City’s existing utility facilities at or near Ninth and H Streets and making them operable, including all related work (collectively referred to herein as the “ Utility Connection at J Street ”), upon receipt of the Payment described at Section 14 which is made by the Authority in lieu of undertaking the work itself.

6. Alley Improvement
a. The Poso Avenue Extension design and plan will close G Street at Poso Avenue.

The Alley between G Street and F Street and bounded at the south by Poso Avenue and at the north by 12 th Street (the “Alley”), was also planned to close.

However, the City has required that the Alley stay open so that businesses on G Street will have an access road for public services, emergency, and delivery vehicles.
b. The City also contends that the additional traffic in the Alley caused by increased usage will damage the existing pavement and substrate of the Alley since it was not designed to handle elevated traffic volumes and heavy vehicles. As such, the City contends that the Alley must be reconstructed and/or resurfaced in a manner consistent with the expected traffic and weight load (“Alley Improvement”). c. Consistent with Section 8 and subject to Section 15, the City hereby agrees to be responsible for undertaking the Alley Improvement, including all related work, upon receipt of the Payment described at Section 14 which is made by the Authority in lieu of undertaking the work itself.

7. 6
th Street Improvements
a. As part of the HSR Project, the at-grade rail crossing at Poso Avenue is closed pending completion of the Poso Avenue Underpass. The City contends that this closure has resulted in excessive detour traffic that has deteriorated 6 th Street between F and J Streets and now requires rehabilitation. Following completion of the Poso underpass, the at-grade crossing at 6th Street will be permanently closed,  Deliberative Draft
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generating the need for the modification of the intersection of H Street and 6 th Street which include a barrier wall on the east side of the railroad between H Street and the railroad right -of-way , signage, the adjustment of sidewalks , stormwater facilities, and other related modifications (“6th Street Improvements”). b. Consistent with Section 8 and subject to Section 15, the City hereby agrees to be responsible for undertaking the work of rehabilitating 6 th Street and implementing the modifications necessary due to the permanent closure of the 6th Street at-grade crossing, including all related work, upon receipt of the Payment described at Section 14 which payment is made by the Authority in lieu of undertaking the 6th Street Improvement work itself.

8. City Responsibility for Infrastructure Improvements
a. The term “Infrastructure Improvements ” as used in this Agreement shall collectively mean the following construction projects : 13th Street Widening as defined in Section 2, the Well #13 Relocation as defined in Section 3, the Pioneer Building Repurposing as defined in Section 4, the Utility Connection at J Street as defined in Section 5, the Alley Improvements as defined in Section 6, and the 6th Street Improvements as defined in Section 7. Attachment A identifies the relative locations of the Infrastructure Improvements. The term Infrastructure Improvements shall include the work descriptions set forth in the enumerated Sections and any directly or indirectly related work necessary to implement the Infrastructure Improvements and/or to address the concerns raised by the City that the Infrastructure Improvements are intended to address. b. As of the Effective Date and upon City’s receipt of the Payment from the Authority consistent with Section 14, the City hereby agrees to assume all responsibility for, and perform all work relating to, or arising out of, the Infrastructure Improvements, in perpetuity.
c. The City’s responsibility for Infrastructure Improvements and the real properties related to the Infrastructure Improvements, shall include, but shall not be limited to, the following whether related directly or indirectly to the Infrastructure Improvements:
i. Costs, a ctivities, actions, operations, improvements, work, coordination, management, administration, funding, design, engineering, environmental clearances, permits, approvals, implementation, work, construction, construction support, demolition, hauling, materials (hazardous or otherwise), drainage, utilities, infrastructure, access, commissioning, and uses of all kinds;
ii. O wnership, operation, maintenance, and security (to include damages as a result of vandalism and degradation), both current and future; iii. Existing and future conditions and uses;
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iv. Decisions regarding timing and implementation of the Infrast ructure Improvements, including any decision on the part of the City to delay, or completely refrain from, the implementation of the Infrastructure Improvements;
v. Deficiencies, defects, damages, liability, or injuries arising in any way out of the design, work, or failure to implement improvements or work in any way related to the Infrastructure Improvements;
vi. The allocation and use of portions or all of the Payment (as defined in Section 14 below) to the various Infrastructure Improvements; and vii. Any funding required for the Infrastructure Improvement above and beyond the Payment. This shall specifically include any shortfall in funding due to decisions made by the City about budgeting and allocation of the Payment. d. The Parties hereby agree that the Release and Waiver provision set forth herein at Section 1 5 and the indemnity provision set forth herein at Section 16 shall specifically apply to any and all claims, causes of action, damages , liabilities and disputes from or allegedly owed to any third part y relating in any way to the Infrastructure Improvements and/or the real properties on which the Infrastructure Improvements are situated, including any owners, tenants and/or users of said properties.
e. The Parties shall coordinate with each other in advance should any of the work related to the Infrastructure Improvements or the HSR Project impact, or potentially impact, the other Party.

9. Acknowledgement of Infrastructure Improvement Benefits The City hereby acknowledges that the Infrastructure Improvements will provide the following benefits to the City and its residents:
a. Improved and new infrastructure and utility facilities that will have a greater life span and decreased maintenance costs when compared to the existing conditions; b. Reduction in otherwise necessary capital improvement investment by the City related to the Infrastructure Improvement areas;
c. Improved mobility, access and safety for vehicles, bicycles, and pedestrians; d. The removal of blighted property, reduction in the associated costs and the restoration of the property to its natural state;
e. Increased safety and security;
f. The creation of future development opportunities that could add economic vitality to the community; and
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g. Aesthetic improvements.

10. Title VI Complaint
a. On October 8, 2020, the City of Wasco filed a complaint including allegations under the Authority’s Title VI program based on Title VI of the Civil Rights Act of 1964 and related statutes (“Title VI Complaint”).
b. The Authority’s Title VI program establishes a 90-day timeline for the completion of a Title VI complaint investigation. T his timeline was extended numerous times upon agreement of the Parties until and the investigation has since been suspended by mutual agreement of the Parties.
c. The Authority disputes both the factual and procedural bases for the Title VI Complaint, as well as the applicability of the Authority’s Title VI Policy to the claims of the City of Wasco as set forth in its Title VI Complaint. d. Upon the City’s receipt of the Payment from the Authority described at Section 14, the City agrees that the Title VI Complaint shall be considered withdrawn and resolved. The withdrawal and resolution of the Complaint shall be with prejudice as to all claims set forth in, and related in any way to, the Title VI Complaint. Upon the fulfillment of Section 14, the terms of this Section 10 shall take precedent over the terms of all other written agreements between the Parties regarding the Title VI Complaint.
e. In addition to the terms of this Agreement, the withdrawal and resolution of the Title VI Complaint will be memorialized in a letter from the Authority to the City.

11. Poso Ave Claim for Liquidated Damages
a. The Authority and City entered into Agreement No. 2020- 015 in which the City outlined its conditions for granting Encroachment Permit 19- 000159 for the Poso Avenue Detour and Crossing Closure.
b. One of the terms of Agreement No. 2020-015 is that the City would be entitled to liquidated damages if all roadways, pedestrian walkways, and other public rights- of-way were not reopened for normal operation by September 11, 2021. c. On October 5, 2021, the City issued its first invoice for liquidated damages in the amount of $19,000 arising out of the alleged failure of the Authority to reopen the Poso Avenue roadway/underpass to both directions of traffic by the date specified (“Liquidated Damages ”). The City contends that it is entitled to additional Liquidated Damages until the conditions of Section 11(b), above, are satisfied. d. Following the Effective Date, and upon the City’s receipt of the Payment from the Authority consistent with Section 14:
i. the City hereby agrees to release the Authority from all responsibility or obligations in any way relating to the City’s claim for Liquidated Damages ,  Deliberative Draft
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both past and future, stated and unstated, relating to Agreement No. 2020- 015 and Encroachment Permit 19-000159 as set forth more fully in Section 15, Release and Waiver; and
ii. the Parties hereby agree that Agreement No. 2020- 015 will terminate having fulfilled its purpose.

12. The Separate Reimbursement Agreement
a. In 2014, the Authority approved the Final Environmental Impact Report/Environmental Impact Statement for the Fresno to Bakersfield section of the HSR Project. Within the Final EIR/EIS, the Authority identified an affordable housing development, bounded in the north and south by Sixth and Ninth Streets, and on the east and west by H and J Streets, as a community requiring mitigation (“Housing Site”). The proposed mitigation has been implemented in the form of the completion of the Wasco Farmworkers Housing Relocation Project that was the subject of a prior agreement between the Parties (HSR16-02). b. The Parties hereby agree to enter into a new Reimbursement Agreement , executed concurrently with this Agreement, in which the City will assume responsibility for all work related to the demolishing and clearing of the former Housing Site to a condition suitable for future temporary uses and potential development (“Housing Site Work”). The terms of the Reimbursement Agreement will govern the Housing Site Work.

13. City Obligations in Exchange for the Payment
As a condition, and in consideration, of the Payment by the Authority the City shall have the following obligations upon receipt of the Payment:
a. Provide the final Poso Avenue construction permit to CRB upon the Effective Date of this Agreement.
b. Refrain from adding any additional conditions to existing approvals. c. With respect to permits, inspections, and related approvals for the HSR Project, both Parties shall act in good faith. In addition, the City: shall act in a timely manner and without unreasonable and/or unnecessary delay; shall not act arbitrarily or inconsistently from standard practice; and the City shall not add any conditions or requirements that are not standard.
d. Provided the Authority is in compliance with its obligations hereunder and upon City’s receipt from the Authority of the Payment described at Section 14, the City will, where requested by the Authority, provide public support of the HSR Project and/or the Authority in its efforts to implement and operate the HSR Project within Wasco including, but not limited to, letters to the State Legislature in support of the HSR Project and its funding, letters in support of grant or funding opportunities for the HSR Project, public comment at Authority Board meetings, and positive engagement with the press and/or social media.
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14. Authority Payment
a. In consideration of the agreements of the City herein, the Authority will make a one-time payment (the “Payment”) to the City to fully and finally settle all Claims (defined below).
b. The Parties have each evaluated the standard and customary costs for infrastructure projects of a similar size, scope, and time frame as those set forth herein and the potential range of costs related to the City’s Claims and hereby agreed to a Payment of Six Million Five Hundred Thousand dollars ($6,500,000.00) as a compromised and mutually negotiated amount.
c. The Parties hereby agree that the Payment is a fair approximation of, and commensurate with, the expected costs to offset, ameliorate, mitigate and/or compensate for the alleged impacts and Claims described herein. d. The City will request the Payment in an invoice in a form similar to Attachment B as soon as possible after the Effective Date. The Payment shall be made within 90 days of the Effective Date of this Agreement.

15. Full and Complete Release and Waiver of Any and All Claims

a. Release. In consideration of the Payment , the City hereby agrees that receipt , deposit and funding of the Payment shall constitute a full and complete payment to the City as obligated under this Agreement and an immediate release by the City of any and all claims, demands, requests or obligations to pay , reimburse or make whole the City for any and all costs, damages, impacts, claims or concerns in any way related to or arising out of the Infrastructure Improvements, the widening of Poso Avenue to four lanes, the Poso Avenue Claim for Liquidated Damages, the Title VI Complaint and the Housing Site Work (collectively, the “Claims”) as against the Authority, its successors, contractors, consultants, agents and employees (the “Release”).
b. Waiver. Upon the Authority meeting its Payment obligations in Section 14 the City hereby agrees that it will forever waive and abandon all of its Claims including, without limitation, the following: refrain from the filing of any challenge to, or formally or informally seek to enjoin, prohibit, interfere with funding for, or stop any portion of, the HSR Project, including without limitation its federal and state environmental review and permits, siting of ancillary facilities, construction or operation in any administrative or judicial forum or proceeding of any kind at any time in any way related to or arising out of the Claims (the “Waiver”). Each Party acknowledges and agrees that all rights under section 1542 of the California Civil Code are expressly waived. That section provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE

AND THAT , IF KNOWN BY HIM OR HER , WOULD HAVE MATERIALLY  Deliberative Draft
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AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

16. Indemnity Obligation
The City hereby agrees to indemnify, defend, and hold harmless the Authority, Federal Railroad Administration, State of California, their officers, agents and employees (“Indemnitees”) from any and all third-party claims, demands, costs, or liability in any way arising out of, or related to, the City’s assumption of responsibility for and/or implementation of the Infrastructure Improvements ( “Indemnity”) except to the proportional extent it is caused in whole or in part by any of the Indemnitees . This Indemnity obligation shall include any and all claims by third parties relating to Infrastructure Improvements that the City declines, or is unable, to implement. The City will reimburse the Indemnitees for any expenditure, including reasonable attorney fees incurred by the Indemnitees in defending against claims subject to this Indemnity Obligation.

17. Representations and Warranties; General Provisions. Each Party hereby represents, warrants, and agrees as follows:
a. Cooperation. The Parties shall cooperate to ensure that the steps necessary to implement this Agreement are carried out.
b. No admission. The Parties understand and hereby agree that nothing in this Agreement, or in the execution of this Agreement, is or shall be intended to serve as an acceptance of responsibility for the Claims or an admission of error, inadequacy, or wrongdoing by any Party.
c. Enforcement. This Agreement is binding on the Parties and the Indemnitees and may be enforced as a contract with all applicable remedies at law or equity under California law. Any Party may avail itself of the remedies provided herein or otherwise available at law or equity.
d. Advice of Counsel. Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into this Agreement and making the settlement provided for herein.
e. This Agreement shall not be construed, and is not intended to, contradict or impact in any way other agreements that exist now, and are executed concurrently with this Agreement.
f. This Agreement shall be deemed to have been drafted equally by the Parties and shall not be interpreted for or against either Party on the ground that such Party primarily drafted the Agreement.
g. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one agreement. The Parties shall exchange “wet” original signatures in blue ink but may also share  Deliberative Draft
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scanned/electronic versions of the original signature. The scanned/electronic versions shall be as effective as the original for all purposes. h. Signature authority. The individuals signing this Agreement on behalf of each Party represent and warrant that they have full authority and are duly authorized to do so on behalf of the Party they represent . Notwithstanding anything herein to the contrary, this Agreement shall not become effective until it is ratified by action of the City of Wasco City Council.
i. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the Parties shall amend this Agreement and/or take other action necessary to achieve the intent of this Agreement in a manner consistent with the ruling of the court. j. Notices. All no tices, requests, demands, and other communications required or permitted under this Agreement shall be given in writing by regular mail, overnight courier, email, or facsimile to:

If to the Authority
:

California High-Speed Rail Authority
Attn: Chief Counsel
770 L Street, Suite 1100
Sacramento, CA 95814
Phone: (916) 324-1541
Fax: (916) 322-0827
Email: [email protected]

If to the City of Wasco:

The City of Wasco
Attn: City Manager
746 8th Street
Wasco, CA 93280
Phone: (661) 758-7214
Fax: (661) 758-5411
Email: [email protected]
k. Captions. The captions appearing in this Agreement are for convenience only, are not part of this Agreement, and shall not be considered in interpreting this Agreement.
l. Amendments. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all Parties. m. Attorneys' Fees. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and actual costs.
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n. No Waiver. Waiver by a Party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
o. T he terms include, included and including used herein shall also mean “and not limited to”.
p. Governance. This Agreement is subject to approval by the City Council of the City of Wasco. Execution of this Agreement will not occur until after such approval (s) by formal resolution(s), which will be included in Attachment C hereto.

Dated:

For: City of Wasco

By: ___________________________
M. Scott Hurlbert, City Manager

Dated:

For: California High-Speed Rail Authority,
a California State Agency

By: ___________________________
Brian Kelly, Chief Executive Officer

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INDEX OF ATTACHMENTS
The following list of Attachments is hereby incorporated into this Agreement as if each was stated in full herein.

ATTACHMENT A: Map of all Infrastructure Improvements.

ATTACHMENT B: Sample Invoice for Payment.

ATTACHMENT C: Wasco City Council Resolution(s) authorizing signature on the Agreement(s).
-END-

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E ST

POSO DR
10TH PL
9TH PL
8TH PL

ALMOND CT
7TH PL
6TH ST
5TH ST
H ST
DST
13TH ST
6TH ST
4TH ST
7TH ST
8TH ST
9TH ST
10TH ST
11TH ST

POSO AV
12TH ST
16TH ST
J ST
G ST
F ST

STEPHEN C T

POSO AV
9TH ST

WASCO AV
Amtrak
7th St
Park
City Hall
Sheriff
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MAP OF VARIOUS PROJECTS BETWEEN

CITY OF WASCO AND HIGH-SPEED RAIL

PROJECTS LOCATION MAP
BNSF Rail Road Tracks
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KERN
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KERN COUNTY

WASCO, CAWASCO, CA
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2022
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WASCO, CAWASCO, CA

KERN COUNTY
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Revision Date: 11/23/2022
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Phone (661) 758-7271 Fax (661) 758-1728
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C O U N T Y V I C I N I T Y M A P

KERN COUNTY, CA

WASCOWASCO
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Wasco Ca 93215
ATTN: ATTN:

Phone: Phone:

ITEM
001
Invoice - #####
*Estimated Tax
Shipping and Handling

REQ'D BY
M. Scott Hurlbert
DATE ORDERED CONTRACT NO. REFERENCE
#####

UNIT PRICE

VENDOR SHIP TO
Accounts Payable
12345 6Th St Wasco, CA 93280
City of Wasco
746 8th Street
Customer ABC

3.00$

3.00$
P.O. TOTAL

PAGE TOTAL
Subtotal $3.00
-$
City Manager/Director of Emergency Services - M. SCOTT HURLBERT E-Waste
APPROVED BY:

TOTAL
Widgets
QTY
$3.00$1.50
PAGE: 1 OF 1
CEO Monique Vasquez
(661) 758-7231

DESCRIPTION

2.00 RESOLUTION NO. 2022 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO FINALIZE AND EXECUTE THE AGREEMENTS ATTACHED HERETO AS EXHIBIT “A” BETWEEN THE CITY OF WASCO AND THE CALIFORNIA HIGH-

SPEED RAIL AUTHORITY

WHEREAS, the City wishes to finalize and execute the agreements with the California High-Speed Rail Authority; and

WHEREAS, the agreements are attached hereto as Exhibit “A.” are titled as follows:
• Cooperation and Resolution Agreement
• Demolition Reimbursement Agreement
• Grade Separation Agreement
• Ownership & Maintenance Agreement
• Right of Way of Transfer Agreement; and

WHEREAS, The said agreements shall not be effective unless and until executed by the City Manager upon satisfaction of the City Attorney and the requirements and contingencies identified herein.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the City Manager or his designee to Finalize and execute the agreements with The California High- Speed Rail Authority , subject to approval by the City Attorney.

SECTION 2: The agreement shall not be effective unless and until executed by the City Manager upon satisfaction of the City Attorney and the requirements and contingencies identified herein.

-o0o-

I HEREBY CERTIFY that the foregoing Resolution No. 2022 - ___was passed and adopted by the Council of the City of Wasco at a special meeting thereof held on December 28, 2022, by the following vote:

COUNCIL MEMBERS: Martinez, Garcia, Medina, Reyna, Saldaña AYES:

Noes:

ABSTAIN:

ABSENT:

__________________________________

VINCENT, MARTINEZ
MAYOR of the City of Wasco
Attest: _____________

__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

Entity
HSR 1_-xx

EXHIBIT A

SCOPE OF WORK

1. BACKGROUND AND PURPOSE
A. The California High -Speed Rail Authority (Authority) is responsible for the planning, design, construction, and operation of the first high -speed rail system in the nation (Project). The California high -speed rail system will connect the mega -regions of the state, contribute to economic development and a cleaner environment, create jobs , and preserve agricultural and protected lands. When it is completed, it will run from San Francisco to the Los Angeles basin and will be capable of speeds of over 200 miles per hour. The system will eventually extend to Sacramento and San Diego, totaling 800 miles with up to 24 stations. In addi tion, the Authority is working with regional partners to implement a statewide rail modernization plan that will invest billions of dollars in local and regional rail lines to meet the state’s 21st century transportation needs.

B. The Authority may enter into agreements with private and public entities for design, construction, and operation of high- speed rail trains, including all tasks and segments thereof pursuant to California Public Utilities Code section 185036.

C. This Agreement is between the Authority, an agency of the State of California, and City of Wasco (Contractor), a California municipal corporation, herein after referred to collectively as Parties or, individually, as a “Party.”
D. To facilitate the construction of the high-speed rail system, the Authority requires the Contractor to perform the work as described in Section 2 of this Exhibit (Work).

E. All inquiries regarding this Agreement will be directed to the project representatives identified below:

AUTHORITY CONTRACTOR
Contract Manager: Gilberto Baca Contract Manager: M. Scott Hurlbert Address: Address: 746 8 th Street, Wasco, CA
93280
Phone: Phone: 661-758-7214
Fax: Fax: 661-758-5411
Email: Email: [email protected]

The Contract Manager(s) may be changed without amendment, subject to the terms and conditions in Exhibit D, Section 1 – Contract Management.

F. All attachments and exhibits attached to and referenced within this Agreement are incorporated herein by such reference, including Attachment 1 – Rates and Hours, and Attachment 2 – Map of Property.

2. SCOPE OF WORK, TASKS, DELIVERABLES, AND SCHEDULE
Entity
HSR 1_-xx

EXHIBIT A

SCOPE OF WORK
A. The Contractor will be reimbursed consistent with Exhibit B for its actual, direct, reasonable, and necessary expenses in its performance of all Work necessary to demolish and clear the 23-acre vacant housing complex located south of 6th Street and north of 9th Street and between H Street and J Street in the City of Wasco (as depicted in Attachment 2, Map of Property) (Site). The Site shall be left in a graded and level condition sufficient to serve as a construction lay -down yard during the duration of construction (by others) related to the widening of State Route 46. The Contractor will be responsible for procuring a contractor, managing the demolition and clearing of the site, and complying with all necessary permits, laws and regulations pertaining to the Work.

2.A.1. General Responsibilities of the Authority.

2.A.1.1. Reimburse the Contractor for the actual costs incurred in the fulfillment of the obligations in this Section 2 and according to the terms of this Section and Exhibit B.

2.A.1.2. Env ironmental Clearance. The Contractor will be responsible for obtaining the necessary environmental clearances and related permits for the Work, if any. [TO BE DISCUSSED: If the Authority undertakes environmental review : (1) all of the work will have to comply with the permitting and mitigation commitments in the environmental document for the overall project section which also requires detailed reporting, and (2) we may n eed to use a NTP to ensure that the reexamination is complete before work begins].

2.A.2. General Responsibilities of the Contractor. Sub ject to the Authority’s reimbursement obligations as set forth herein, the Contractor shall be responsible for all elements of the Work as detailed in this Agreement, including, but not limited to, the following tasks:

2.A.2.1. Desig n/Plan. Prepare any necessary designs or plans for the Work.

2.A.2.2. Demolition. Complete all demolition work necessary to leave the Site in a cleared, graded and level condition. The Work will include all demolition and removal of manmade features including, but not limited to, standing structures, hardscape and landscape within the Site but will exclude the removal of roads, sidewalks, parking lots and other public infrastructure from the Site . The Design/Plan may also include retention of specific infrastructure such as fire hydrants and related piping provided that it does not impede the Authority’s usage requirements as a construction lay-down yard during the duration of construction related to the widening of State Route 46. The Work will also include storage, removal and proper disposal of all demolition debris and other materials from the Site and related to the Work.

2.A.2.3. Perm its and Ap provals. Secur e any necessary permit, approval, authorization, certification, permission, exemption, lease, license, agreement by or with any private, governmental or regulatory entity relating to accessing the Site and implementing the Work.

Entity
HSR 1_-xx

EXHIBIT A

SCOPE OF WORK

2.A.2.4. Contracting. Procure, administer and manage all agreements necessary to design, develop, permit, manage, and implement the Work, or self-perform such tasks where applicable.

2.A.2.5. Coordi nation. Cooperation with Authority to work in good faith to coordinate Work under this Agreement to avoid disruption to the HSR Project.

2.A.2.6. Righ t of Way. Acquire any required property access and/or easement rights related to the Site or necessary for the Work . Coordinate with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities at or near the Site that conflict with, or are included in, the Work.

B. Site Investigation and Conditions Affecting the Work C. C
ontractor hereby acknowledges that it owns the Site and any related property upon which the Work will occur and will retain responsibility for, and not be entitled to additional payment for, any existing conditions that are unknown at the time of the effective date, including subsurface substances, conditions and obstacles. The EPA is currently undertaking an investigation and will publish a report pertaining to the property. Conditions identified therein shall be considered “known” if provided to and accepted by the Authority prior to the effective date. Demolition and Clearing Work

2.C.1. The contract(s) for the Work shall be competitively procured , consistent with state requirements, and administered by Contractor.

2.C.2. Within 60[?] business days of the execution of this Agreement, the Contractor shall begin a competitive public procurement process to solicit bids for the Work (“Procurement”) which shall conclude with the selection of the lowest responsive and responsible bidder (“demolition contract”).

2.C.3. Contractor shall provide to the Authority its p lan for the Procurement which will include, the expected parameters, performance standards, scope, budget, schedule, contracting method, and cost-control considerations in a format and leve l of completion to allow the project to go out for a public procurement process ( “Procurement Plan”). From the date of receipt, the Authority, shall have 10[?] business days to review, comment on , and approve the Procurement Plan, which approval shall not be unreasonably withheld. The Contractor shall incorporate or address any comments by the Authority in writing within 10[?] business days of receipt if required.

2.C.4. If the lowest responsive and r esponsible bid is unreasonable, or it is more than 15% higher than the cost estimate in the Procurement Plan, Contractor and the Authority will confer and determine how to proceed and how to allocate the additional costs in a written amendment to this Agreement.

Entity
HSR 1_-xx

EXHIBIT A

SCOPE OF WORK

2.C.5. Prior to awarding the demolition contract, Contractor will provide in written form to the Authority’s Contract Manager identification of planned milestones; identification of activities interfacing with the HSR Project (if any); identification of activities within the critical path; and a schedule for the Work. Monthly status updates on these elements will be submitted with invoices to include schedule updates, cost reports, and a summary and status of change orders.

These reporting requirements may be modified by written direction from the Authority’s Contract Manager. The Parties shall meet at regular intervals to review the status of the Work, the schedule, and the budget throughout the course of the Work.

2.C.6. Contractor, as the administrator of the demolition contract, is the Party at risk and shall be responsible for errors, inconsistencies, omissions in the Work, and/or conflicts which may cause the Work to be interrupted or changed, and any related delays and costs. The Contractor shall promptly notify the Authority of any change to the scope of the Work from what is established in the demolition contract (additive or deductive) that is not minor or emergency in nature.

2.C.7. Contractor will require the demolition contractor to furnish payment and performance bonds naming Contractor as the primary obligee and to carry liability insurance in accordance with Contractor standard requirements and specifications which are effective at the time of the contract award, with minimum insurance coverage types and limits specified in Exhibit C, Section 1. M, Required Contractor Insurance, of this Agreement. Authority shall be included as an additional obligee on any payment and performance bonds and as an additional insured under all insurance policies in which the Contractor is named as an additional insured.

Contractor will ensure that the forms and amounts of all bonds and insurance policies are acceptable to the Authority and that they are effective as of the date the demolition contract is signed.

2.C.8. The C
ontractor shall complete the Work and leave the Site in a graded and level condition capable of being utilized for construction staging and storage within one year[?] of the date the Contractor awards the demolition contract. Upon award, the Contractor shall thereafter be responsible for completing the Work in a timely manner and pursuant to the terms of this Agreement. The Contractor shall ensure that the demolition contract requires standard construction practices including but not limited to, erosion control and dust mitigation.

2.C.9. Cost Increases or Change Orders. The Authority shall have 10[?] business days to review and approve any reasonable costs or change orders above the initial demolition contract amount and any deductive change orders or value engineering recommendations. Such approval will not be unreasonably withheld provided that the increased costs are not related to an expansion of the scope of work as set forth in the base demolition contract.

D. Final payment by the Authority for the Work identified in this Section 2 shall constitute full pe
rformance by the Authority of its obligations under this Agreement, and full satisfaction of any Entity
HSR 1_-xx

EXHIBIT A

SCOPE OF WORK
and all obligations the Authority may have regarding the demolition and clearance of the Site and the Work. The Authority shall thereafter have no further obligations, legal, financial, or otherwise, direct or indirect, regarding the Site in general, including but not limited to ownership, operation, maintenance, repair, liability of any kind, or safety obligations.

E. The Contractor’s s taff will be reimbursed at actual costs not to exceed the hourly rates set forth in Attachment 1 – Rates and Budget Details. However, the Contractor acknowledges that “staff time” does not include time for subcontractors and vendors. Non-demolition subcontractor and vendor costs shall only be reimbursed if necessary to augment Contractor’s staff, approved by the Contract Manager in a written Limited Notice to Proceed, and specifically included in Attachment 2 – Rates and Budget Details.

F. The C ontractor will be reimbursed the actual costs incurred for (i) labor, (ii) fringe and overhead rates, and (iii) other direct costs, limited to approved subcontractors and vendors.

G. Except as specifically set forth above, the Contractor acknowledges the following costs shall not be reimbursed: (i) reviewing and/or providing comments on the Authority’s environmental documents; (ii) attending meetings , unless requested in writing by the Authority; (i ii) travel expenses.

3. SCHEDULE OF SERVICES
Performance of the Work described in Section 2 shall commence upon execution of this Agreement .

Unless terminated as provided herein, the Work shall continue until the earlier of (i) completion of the Work, or (ii) expiration of the term.

4. TERM
The term of this Agreement is as identified in Section 2 of Standard Agreement (STD 213).

5. AMENDMENT

5.1 This Agreement may be modified by amendment with mutual consent of the Parties as to scope, time, amount, and other provisions, to the extent allowable by law. The amendment shall be made in accordance with Exhibit C: GTC 04/2017, Section 2. If the provisions in this section conflict with the Exhibit C: GTC 04/2017, the terms of the Exhibit C: GTC 04/2017 control over the terms of this clause.

5.2 No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the Parties, and all necessary approvals have been obtained. No oral understanding or agreement not formally incorporated in writing into the Agreement is binding on the Parties.

5.3 The Contractor shall only commence Work covered by an amendment after the am endment is executed and NTP for the amendment has been provided by the Authority’s Contract Manager.

Entity
HSR 1_-xx

EXHIBIT A

SCOPE OF WORK
The Contractor shall execute a new California Civil Rights Laws Certification to accompany any amendment to this Agreement.

Entity
HSR 1_-xx

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. FUNDING REQUIREMENTS
A. This Agreement shall be of no further force and effect if the California State Budget Act of the current year and/or any subsequent years covered under this Agreement does not approp riate sufficient funds for the Work identified in Exhibit A. In this event, except as provided in Section 1(B) below, the Authority shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement , and the Contractor shall not be obligated to perform any provision of this Agreement.

B. After execution or commencement of this Agreement, if funding for any fiscal year is reduced or deleted by the California State Budget Act for purposes of the Work, the Authority shall have the option to either: (i) cancel this Agreement with no further liability occurring to the Authority , with the exception of reimbursing the Contractor for Work completed prior to the Agreement’s cancellation; or (ii) offer an Agreement amendment to the Contractor to reflect the reduced amount, the approval of which shall be subject to the mutual agreement of the Contractor and the Authority.

C. This Agreement is valid and enforceable only if sufficient funds are made available to the State of California by the United States Government or the California State Legislature for the purpose of the Project. In addition, this Agreement is subject to any additional res trictions, limitations, conditions, or any statute enacted by the Congress or State Legislature that may affect the provisions, terms, or funding of this Agreement in any manner.

D. This Agreement is subject to all conditions on performance or funding, if any and if applicable to this Agreement, imposed by the federal government in relation to the U.S. Department of Transportation RAISE Grant awarded to the Authority for the Wasco SR 46 Improvement Project. This Agreement shall be amended if any such conditions on performance or funding are imposed in conjunction with the RAISE Grant and also impact the terms of this Agreement.

2. COMPENSATION, INVOICING, AND PAYMENT
A. The maximum amount of this Agreement is a not-to-exceed amount, and the actual amount of Work undertaken may be less. No payment shall be made to the Contractor in advance of services rendered by the Contractor.

B. The Contractor shall not be entitled to payment for Work performed prior to receipt of the Limited Notice to Proceed from the Authority’s Contract Manager, if utilized. No Work shall begin before that time.

Invoices shall include the Agreement number, date prepared, billing period, actual hours worked (by individual name and position), actual costs for salaries (by position), a narrative of the Work performed, and fringe, overhead, and other direct costs. The Contractor shall not be paid for Entity
HSR 1_-xx

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS
claimed costs or expenses not identified on the Attachment 1 – Rates and Budget Details, except as such claimed costs or expenses are within the scope of work.

Invoices shall also include a monthly progress report detailing status and progress of the Work.

For services satisfactorily rendered in accordance with the terms of this Agreement and approved by the Contract Manager, and upon receipt and approval of the invoices , the Authority shall reimburse the Contractor for actual costs incurred. Subconsultants shall be subject to the same reimbursement provisions.

C. The Contractor shall p rovide one (1) original and two (2) copies, as set forth below, of each invoice for payment. Invoices shall be submitted no more than monthly in arrears and within thirty (30) calendar days of when services are provided, to:

Financial Office
California High-Speed Rail Authority
770 L Street, Suite 620 MS 3
Sacramento, CA 95814

[email protected]

(1 original and 1 copy)

AND

(1 copy)
Gilberto Baca
California High-Speed Rail Authority
111 H Street
Fresno, CA 93721
[email protected]

D. The following certification shall be included on each invoice and signed by the Contractor’s authorized official:
“I certify that this invoice is correct and proper for payment, and reimbursement for these costs has not and will not be received from any other sources, including but not limited to a government entity contract, subcontract, or other procurement method.” E. The date of “invoice receipt” shall be the date the Authority’s Financial Office receives the paper copy.

Entity
HSR 1_-xx

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS
F. Payments shall be made to the Contractor for undisputed invoices. If the Authority ’s Financial Office disputes an invoice , it shall notify the Contractor within fifteen (15) working days of receipt of the invoice and pay undisputed portions of the invoice in accordance with the Agreement. The invoice may be disputed if additional evidence is required to determine the invoice’s validity, deliverables for the billing period have not been received and approved, the invoice contains inaccuracies, or the invoice does not otherwise comply with the terms of this Agreement. If a disputed invoice, or any disputed portion thereof, is resolved, the Contractor shall issue a new invoice for the resolved amount and the Authority shall pay the invoice in accordance with the terms of this Agreement.

G. Positions listed in Attachment 1 – Rates and Budget Details, may be changed without an amendment to the Agreement. A request for change must be in writing, on the Contractor’s letterhead, and (1) identify the pos ition and rate that is requested to be added or removed ; (2) specify the reason for any position or rate change; (3) provide a current rate table for all project team members; and (4) provide documentation supporting any position or rate change such as a Board of Directors ’ Resolution, a new union contract, or equivalent official document . There shall be no change in the positions without written approval by the Authority’s Contract Manager.

H. The Contractor shall retain back-up documentation for audit purposes, available to the Authority upon request. The Contractor shall include appropriate provisions in each of its subcontracts to secure adequate backup documentation to verify all subcontractor services and expenses invoiced for payment under this Agreement.

3. COST PRINCIPLES
The Contractor’s performance shall be governed by and in compliance with the following administrative and cost principles:

A. If the Contractor is a governmental entity, then the Contractor shall comply with Title 49 Code of Federal Regulations (C.F.R.), Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and U.S. Office of Management and Budget (U.S. OMB) Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments, as amended.

B. If the Contractor is a for -profit organization, then the Contractor shall comply with Title 49 C.F.R., Part 19, Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, H ospitals, and other Non-Profit Organizations, and Title 48 C.F.R., Federal Acquisition Regulations System, Chapter 1, Part 31 et seq.

C. If the Contractor is a non -profit organization, then the Contractor shall comply with 49 C.F.R.

Part 18 and U.S. OMB Circular A-122, Cost Principles for Non-Profit Organizations.

Entity
HSR 1_-xx

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS
D. If the Contractor is an educational institution, then the Contractor shall comply with 49 C.F.R.

Part 18 and U.S. OMB Circular A-21, Cost Principles for Education Institutions.

E. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions of this clause.

The identified circulars and regulations are hereby incorporated into this Agreement by reference as if fully set out herein.

If any costs for which payment has been made to the Contractor are determined by subsequent audit to be unallowable under the applicable administrative and cost principles referenced above, then the unallowable costs are subject to repayment by the Contractor to the Authority.

To the extent the Contract is federally funded under ARRA or FY10 grants, or matching funds for those grants, then the Contractor agrees to comply with the following requirements:

A. The Contractor agrees to comply with the federal cost principles applicable to the FRA Grant Cooperative Agreement No. FR-HSR-0118012, as amended (FY 10 Grant) and/or the amended FRA Grant Cooperative Agreement No. FR -HSR-0009‐10‐01‐06 (America Recovery an d Reinvestment Act [ARRA] Grant) and/or any future FRA, United States Department of Transportation (U.S. DOT), or other federal agency Grant/Cooperative Agreement requirements. These provisions, include but are not limited to, the applicable provisions of C.F.R. Part 200 (including § 200.101), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and DOT’s implementing regulations at 2 C.F.R Part 1201. If applicable, this compliance also includes the OMB Circular A -87, as amended, Cost Principles for State and Local Governments and 48 C.F.R, Part 31 Contract Cost Principles and Procedures.

B. Any costs for which payment has been made to the Contractor that are determined by subsequent audit to be unallowable are subject to repayment by the Contractor to the Authority.

C. Any subcontract/subagreement in excess of $25,000 entered into as a result of this Agreement, shall contain all the provisions of this clause.

4. CONTINGENT FEE
The Contractor certifies, by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, with the exception of bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this certification, the Authority has the right to annul this Agreement without liability, to pay only for the value of the Work actually performed, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, Entity
HSR 1_-xx

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS
percentage, brokerage, or contingent fee.

Entity
HSR 1_-xx

EXHIBIT C

GENERAL TERMS AND CONDITIONS AND CONTRACTOR CERTIFICATIONS

1. GENERAL TERMS AND CONDITIONS
A. APPROVAL. This Agreement is of no force or effect until signed by both Parties and approved by the Department of General Services, if required. The Contractor may not commence performance until such written approval has been obtained.

B. AMENDMENT. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the Parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the Parties.

C. ASSIGNMENT. T his Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the state in the form of a formal written amendment.

D. AUDIT. T he Contractor agrees that the Authority, the Department of General Services, the State Auditor, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. The Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Contractor agrees to provide the state a similar right to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code § 8546.7.) E. INDEMNIFICATION. The Cont ractor agrees to indemnify, defend, and save harmless the Authority, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this Agreement.

F. DISPUTES. The Contractor shall continue with the responsibilities under this Agreement during any dispute.

G. TERMINATION FOR CAUSE. The Authority may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at th e time and in the manner herein provided. In the event of such termination, the Authority may proceed with the Work in any manner deemed proper by the Authority. All costs to the Authority shall be deducted from any sum due to the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

Entity
HSR 1_-xx

EXHIBIT C

GENERAL TERMS AND CONDITIONS AND CONTRACTOR CERTIFICATIONS H. INDEPENDENT CONTRACTOR . The Contractor and its agents and employees, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the state.

I. NON-DIS CRIMINATION CLAUSE. During the performance of this Agreement, the Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

The Contractor shall ensure that the evaluation and treatment of employees and applicants for employment are free from such discrimination. The Contractor and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 et seq.), the regulations promulgated thereunder (Cal . Code Regs ., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov.

Code §§ 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.

The Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective barg aining or other agreement. (See Cal. Code Regs., tit. 2, § 11105.)
The Contractor shall include the nondiscrimination and compliance provisions of this clause in a
ll subcontracts to perform Work under the Agreement.

J. TIMELINESS. Time is of the essence in this Agreement.

K. GOVERNING LAW. This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

L. UNENFORCEABLE PROVISION. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the Parties agree that all other provisions of this Agreement have full force and effect and shall not be affected thereby.

M. REQUIRED CONTRACTOR INS URANCE. The Contractor will require the Contractor’s professional design consultant and contractor or construction contractor to carry insurance types and limits as follows:

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EXHIBIT C

GENERAL TERMS AND CONDITIONS AND CONTRACTOR CERTIFICATIONS

1. Professional Design Consultant:
a. Worker’s Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least $1,000,000.
b. General Liability: $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 aggregate for products and completed operations. c. Professional Liability (Errors and Omissions): $1,000,000 per claim/occurrence; $2,000,000 policy aggregate.
d. Automotive Liability: $1,000,000 per accident.

2. Contractor or Construction Contractor:
a. Workers’ Compensation Insurance (Statutory Limits) and Employers’ Liability Insurance with limits of at least $1,000,000.
b. Commercial General Liability: $2,000,000 per occurrence, $4,000,000 general aggregate, and $4,000,000 aggregate for products and completed operations. c. Automotive Liability: $1,000,000 per accident.
d. Contractors’ Pollution Liability (CPL): $1,000,000 per occurrence or claim; $2,000,000 general aggregate per annual policy period.
e. Umbrella/Excess Liability: $5,000,000 to provide excess limits for the primary commercial general liability, auto liability, and employers’ liability, with limits reinstating annually.

Certificates of Insurance or other similar documentation shall be provided to the Authority within 30 Business Days of the full execution of the professional design consultant and the construction contracts, and upon the Authority’s request thereafter.

2. CONTRACTOR CERTIFICATIONS
A. STATEMENT OF COMPLIANCE .

The Contractor has, unless exempted, complied with the
nondiscrimination program requirements. (Gov. Code § 12990 et seq. and Cal. Code Regs., tit. 2, § 8103.)
B. DRUG-FREE WORKPLACE REQUIREMENTS. The Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990, and will provide a drug-free workplace by taking the following actions:

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EXHIBIT C

GENERAL TERMS AND CONDITIONS AND CONTRACTOR CERTIFICATIONS i. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations.
ii. Establishing a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person’s or organization’s policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation, and employee assistance programs; and 4) penalties that may be imposed upon employees for drug abuse violations. iii. Every employee who works on the proposed Agreement will:
1) receive a copy of the company’s drug-free workplace policy statement; and 2) agree to abide by the terms of the company’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement, termination of the Agreement , or both, and the Contractor may be ineligible for award of any future state agreements if the department determines that any of the following has occurred: the Contractor has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et seq.)

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EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. CONTRACT MANAGEMENT
A. The Contractor’s Contract Manager is responsible for the day -to-day project status, decisions, and communications with the Authority’s Contract Manager. The Contractor may change its Contract Manager by giving written notice to the Authority, but the Authority reserves the right to approve any substitution of the Contract Manager. This approval shall not be unreasonably withheld.

B. The Authority may change its Contract Manager at any time without an amendment, by giving written notice to the Contractor.

2. TERMINATION
A. This Agreement may be terminated at any time by mutual agreement of the Parties in writing.

B. Termination for Convenience. The Authority reserves the right to terminate this Agreement upon thirty (30) calendar days’ written notice to the Contractor, if terminated for the convenience of the Authority. In the event of such termination for convenience, the Authority shall pay the Contractor for all Work performed prior to the effective date of termination. If, however, the Contractor has entered into subcontracts for the performance of the Work, the Authority may nonetheless be responsible for reimbursing the Contractor for unresolvable and remaining amounts due under those subcontracts and the Parties shall negotiate the sum of that amount.

C. Notice of Termination for Subcontractors, Suppliers, and Service Providers. The Contractor shall notify any subcontractor and service or supply vendor providing services under this Agreement of the early termination date of this Agreement. Failure to notify any subcontractor and service or supply vendor shall result in the Contractor being liable for any termination costs incurred by any subcontractor and service or supply vendor for Work performed under this Agreement, except those specifically agreed to by the Authority in writing.

D. Contractor Claims After Early Termination. The Contractor shall release the Authority from any and all further claims for services performed arising out of this Agreement or its early termination, upon acceptance by the Contractor of payment for costs actually incurred for Work performed prior to receipt of the notice of termination and actual costs incurred as a result of termination.

3. PURCHASE OF EQUIPMENT
No equipment is approved for purchase.

4. SUBCONTRACTING
A. Upon prior approval by the Authority, the Contractor may subcontract a portion of the Work.

Attachment 1 – Rates and Budget Details shall identify the rates for any approved subcontractor.

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SPECIAL TERMS AND CONDITIONS

Any substitution of a subcontractor shall be approved in writing by the Authority’s Contract Manager prior to such substituted subcontractor performing Work. Unless specifically noted otherwise, any subcontract in excess of $25,000 shall contain all the applicable provisions stipulated in this Agreement.

B. This Agreement shall not create a contractual relationship between the Authority and any approved subcontractor. A subcontract shall not relieve the Contractor of performance of its duties hereunder. The Contractor shall be responsible for any and all acts and omissions of its subcontractors and their employees.

C. The Contractor’s obligation to pay its subcontractors is independent of the Authority’s obligation to pay the Contractor.

5. PUBLIC RECORDS; CONFLICTS OF INTEREST
A. This Agreement shall not limit or infringe on either Party’s duty to comply with the California Public Records Act, Government Code section 6250 et seq.

B. The Contractor and its employees, and all its subcontractors and employees, shall comply with the Authority’s Conflict of Interest Code and Organizational Conflict of Interest Policy.

C. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all of the provisions of this clause.

6. NONDISCRIMINATION COMPLIANCE
A. During the performance of this Agreement, the Contractor and its subcontractors shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disabilit y, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

B. The Contractor shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

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SPECIAL TERMS AND CONDITIONS

C. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing to the awarding state agency upon reasonable notice at any time during normal business hours, but in no case upon less than twenty-four (24) hours’ notice, to such of its books, records, accounts, other sources of information, and facilities as said Department or Agency shall require to ascertain compliance with this clause.

D. The Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

E. The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform Work under this Agreement.

7. STOP WORK
A. The Authority’s Contract Manager may, at any time, by written notice to the Contractor, require the Contractor to stop all or any part of the Work tasks in this Agreement.

B. Upon receipt of such stop Work order, the Contractor shall immediately take all necessary steps to comply therewith and to minimize the incurrence of costs allocable to Work stopped.

C. The Contractor shall resume the stopped Work only upon receipt of written instruction from the Authority Contract Manager canceling the stop Work order. An equitable adjustment shall be made by the Authority based on a written request by the Contractor for such equitable adjustment.

Such adjustment request must be made by the Contractor within thirty (30) days from the date of receipt of the stop Work notice.

8. SETTLEMENT OF DISPUTES
The Parties agree to use their best efforts to resolve disputes concerning a question of fact arising under this Agreement in an informal fashion through consultation and communication, or other forms of non- binding alternative dispute resolution mutually acceptable to the Parties.

9. HEADINGS AND RULES OF CONSTRUCTION
The headings appearing in this contract have been inserted for the purpose of convenie nce and ready reference and do not define, limit, or extend the scope or intent of the clauses.

10. NON-WAIVER
Failure to enforce any provisions of this Agreement shall not operate as a waiver of that or any other provision or any subsequent breach of this Agreement.

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EXHIBIT E

SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING FEDERAL FUNDS

All terms in Exhibit E must be included in all subcontracts and lower-tier subcontracts regardless of amount expended, unless otherwise noted.

1. FEDERAL REQUIREMENTS
The Contractor understands that the Authority has received federal funding from the Federal Rail Administration (FRA) for the Project and acknowledges that it is required to comply with all applicable federal laws, regulations, policies, and related administrative practices, whether or not they are specifically referenced herein. The Contractor acknowledges that federal laws, regulations, policies, and related administrative practices may change and that such changed requirements will apply to the Project. The Contractor shall ensure compliance by its subcontractors [and include appropriate flow down provisions in each of its lower-tier subcontracts as required by applicable federal laws, regulations, policies, and related administrative practices, whether or not specifically referenced herein] . [Do not use if subcontracting is permitted but subcontractor is in place prior to the Reimbursement Agreement] Notwithstanding anything to the contrary contained in this Agreement, all FRA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Authority requests that would cause the Authority to be in violation of FRA requirements.

2. COMPLIANCE WITH FEDERAL REQUIREMENTS
The Contractor’s failure to comply with federal requirements shall constitute a breach of this Agreement.

3. FEDERAL LOBBYING ACTIVITIES CERTIFICATION
The Contractor certifies, to the best of its knowledge and belief, that:

3.1. No state or federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of the State Legislature or United States Congress, an officer o r employee of the Legislature or Congress, or any employee of a member of the Legislature or Congress in connection with the awarding of any state or federal agreement, the making of any state or federal grant, the making of any state or federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal agreement, grant, loan, or cooperative agreement.

3.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal agreement, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

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SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING FEDERAL FUNDS

3.3. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, United States Code (U.S.C.).

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3.4. The Contractor also agrees that by signing this document, it shall require that the language of this certification be included in all lower-tier subcontracts that exceed $100,000, and that all such subcontractors shall certify and disclose accordingly.

4. DEBARMENT AND SUSPENSION
This Agreement is a covered transaction for purposes of 2 C.F.R. 1200. As such, the Contractor is required to comply with applicable provisions of Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. section 6101 note, and U.S. D epartment of Transportation (D OT) regulations, “Non-procurement Suspension and Debarment,” 2 C.F.R. Part 1200, which adopt and supplement the provisions of U.S. OMB “Guidelines to Agencies on Government-wide Debarment and Suspension (Non- procurement),” 2 C.F.R. Part 180.

To the extent required by the aforementioned U.S. DOT regulations and U.S. OMB guidance, the Contractor must verify that each subcontractor is not excluded or disqualified in accordance with said regulations by reviewing the “Excluded Parties Listing System” at http://www.sam.gov/portal/public/SAM/. The Contractor shall obtain appropriate certifications from each such subcontractor and provide such certifications to the Authority.

The Contractor’s signature affixed herein shall also constitute a certification under penalty of perjury under th
e laws of the State of California that the Contractor or any person associated therewith in the capacity of owner, partner, director, officer, or manager:

4.1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

4.2. Has not had one or more public transactions (federal, state, and/or local) terminated within the preceding three (3) years for cause or default;

4.3. Has not been convicted within the preceding three (3) years of any of the offenses listed in Title 2 C.F.R. section 180.800, subdivision (a), or had a civil judgment rendered against it for one of those offenses within that time period; and

4.4. Is not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, and/or local) with commission of any of the offenses listed in Title 2 C.F.R. section 180.800.

Should the Contractor or any subcontractor become excluded or disqualified as defined in this Section Entity
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SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING FEDERAL FUNDS

during the life of the Agreement, the Contractor shall immediately inform the Authority of this exclusion or disqualification. The Contractor shall include a term or condition in the contract documents for each lower-tier covered transaction, assuring that, to the extent required by the U.S. DOT r egulations and U.S.

OMB guidance, each subcontractor will review the “Excluded Parties Listing System,” will obtain certifications from lower -tier subcontractors, and will include a similar term or condition in each of its lower-tier covered transactions.

5. SITE VISITS
The Contractor acknowledges that the FRA, through its authorized representatives, has the right, at all reasonable times, to make site visits to review Project accomplishments and for other reasons. If any site visit is made by the FRA on the premises of the Contractor or any of its subcontractors under this Agreement, the Contractor shall provide , and shall require its subcontractors to provide, all reasonable facilities and assistance for the safety and convenience of the FRA representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner as will not unduly delay Work being conducted by the Contractor or subcontractor.

6. SAFETY OVERSIGHT
To the extent applicable, the Contractor shall comply with any federal regulations, laws, or policies and other guidance that the FRA or U.S. DOT may issue pertaining to safety oversight in general, and in the performance of this Agreement, in particular.

7. ENVIRONMENTAL PROTECTION
The Contractor and any subcontractor under this Agreement shall comply with all applicable environmental requirements and regulations, including any amendments, as follows:

7.1. Clean Air.

The Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. sections 7401 et seq. The Contractor shall report each violation to the Authority, and acknowledges that the Authority shall, in turn, report each violation as required to assure notification to the FRA and the appropriate Environmental Protection Agency (EPA) Regional Office.

7.2. Clean Water.

The Contractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. sections 1251 et seq. The Contractor shall report each violation to the Author ity, and acknowledges that the Authority shall, in turn, report each violation as required to assure notification to the FRA and the appropriate EPA Regional Office.

7.3. Energy Conservation. The Contractor will comply with the ma ndatory standards and policies relating to energy efficiency contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. section 6421 et seq.

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SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING FEDERAL FUNDS

7.4. Agreement Not to Use Violating Facilities. The Contractor ag rees not to use any facility that is listed on the List of Violating Facilities maintained by the EPA to perform Work hereunder. The Contractor shall promptly notify the Authority if the Contractor or any subcontractor receives any communication from the EPA indicating that any facility that will be used to perform Work pursuant to this Agreement is under consideration to be listed on the EPA’s List of Violating Facilities; provided, however, that the Contractor’s duty of notification hereunder shall extend only to those communications of which it is aware, or should reasonably have been aware.

7.5. Environmental Protection. The Contractor shall comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. section 4321 et seq.

7.6. Incorporation of Provisions. The Contractor shall include the above provisions 7.1 through 7.6 in every subcontract hereunder exceeding $50,000, financed in whole or in part with federal assistance provided by the FRA.

8. CIVIL RIGHTS
T
he following requirements apply to this Agreement:

8.1. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. section 2000d; section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. section 6102; section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. section 12132; and 49 U.S.C. section 306, the Contractor will not discriminate against any individual because of race, color, religion, national origin, sex, age or disability in any activities leading up to or in performance of this Agreement. In addition, the Contractor will comply with applicable federal implementing regulations and other implementing requirements that the FRA may issue.

8.2. Equal Employment Opportunity. The following equal employment opportunity require men ts
apply to this Agreement:

8.2.1. Race, Color, Religion, National Origin, or Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. section 2000e, the Contractor will comply with all applicable equal opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” including 41 C.F.R 60 et seq. (which implements Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note), and with any applicable federal statutes, executive orders, regulations, and federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, sex, or age. Such action shall include the following: employment, upgrading, demotion or transfer, recruitment or Entity
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SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING FEDERAL FUNDS

recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor will comply with any implementing requirements the FRA may issue.

8.2.2. Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. section 623, the Contractor will refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor will comply with any implementing requirements the FRA may issue.

8.2.3. Disabilities.

In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. section 12112, the Contractor will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R Part 1630, pertaining to employment of persons with disabilities. Further, in accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. section 794, the Contractor will comply with the requirements of U.S. DOT, “Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R.

Part 27, pertaining to persons with disabilities. In addition, the Contractor will comply with any implementing requirements the FRA may issue.

The Contractor also
agrees not to discriminate on the basis of drug abuse, in accordance with the Drug Abuse Office and Treatment Act of 1972 (P ub.L. No. 92- 255), as amended, or alcohol abuse, in accordance with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub.L. No. 91-616), as amended, and to comply with sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § 290 dd), as amended, relating to confidentiality of alcohol and drug abuse patient records. In addition, the Contractor will comply with applicable federal implementing regulations and other implementing requirements that the FRA may issue.

The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with federal assistance provided by the FRA, modified only if necessary to identify the affected parties.

9. ARRA FUNDED PROJECT
Funding for this Agreement has been provided through the America n Recovery and Reinvestment Act of 2009 (ARRA) (Pub. L. No. 111-5). All contractors, including both prime and subcontractors, are subject to audit by appropriate federal or state entities. The state has the right to cancel, terminate, or suspend the Agreement if any contractor or subcontractor fails to comply with the reporting and operational requirements contained herein.

10. ENFORCEABILITY
The Contractor agrees that if the Contractor or one of its subcontractors fails to comply with all applicable Entity
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SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING FEDERAL FUNDS

federal and State of California requirements governing the use of ARRA funds, the state may withhold or suspend, in whole or in part, funds awarded under the program, or recover misspent funds allowing an audit.

This provision is in addition to all other remedies available to the state under all applicable state and federal laws.

11. PROHIBITION ON USE OF ARRA FUNDS
The Contractor agrees in accordance with ARRA section 1604 that none of the funds made available under this Agreement may be used for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.

12. ACCESS AND INSPECTION OF RECORDS

12.1. In accordance with ARRA sections 902, 1514, and 1515, the Contractor agrees that it shall permit the State of California, the United States Comptroller General, the United States Department of Transportation Secretary, or their representatives or the appropriate Inspector General appointed under sections 3 or 8G of the United States Inspector General Act of 1978, or his representative, to:

12.1.1. Access and reproduce any books, documents, papers, and records of the Contractor that directly pertain to, and involve transactions relating to, this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions; and

12.1.2. Interview any officer or employee of the Contractor or any of its subcontractors regarding the activities funded with funds appropriated or otherwise made available by ARRA.

12.2. Pursuant to 49 C.F.R. section 18.26, subdivision (i)(11), 49 C.F.R. section 19.26 or U.S. OMB Circular A-133 (whichever applicable), the Contractor will maintain all books, records, accounts, and reports required under this Agreement for a period of not less than three (3) years after the date of termination or expiration of this Agreement, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case the Contractor will maintain same until the Authority, the FRA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto. The Contractor shall notify the Authority not less than six (6) months prior to disposal of any books, records, accounts, and reports required under this Agreement.

12.3. The Contractor will comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, Title 5 U.S.C. section 552, subdivision (a).

The Contractor shall include this provision in all lower-tier subcontracts.

13. WHISTLEBLOWER PROTECTION
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SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING FEDERAL FUNDS

The Contractor agrees that both it and its subcontractors shall comply with section 1553 of the ARRA, which prohibits all non- federal co ntractors, including the state, and all contractors of the state, from discharging, demoting, or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of:

13.1. Gross mismanagement of a contract relating to ARRA funds;

13.2. Gross waste of ARRA funds;

13.3. A substantial and specific danger to the public health or safety related to the implementation or use of ARRA funds;

13.4. An abuse of authority related to implementation or use of ARRA funds; or

13.5. A violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contractor) awarded or issued relating to ARRA funds.

The Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under section 1553 of Title XV of Division A of the ARRA.

14. FRAUD AND FALSE CLAIMS ACT
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986 (6 C.F.R. Part 13), as amended, 31 U.S.C. section 3801 et seq., and the U.S. DOT regulations Program Fraud Civil Remedies (49 C.F.R. Part 31), apply to its actions pertaining to the Project. Upon execution of this Agreement, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or it causes to be made, pertaining to this Agreement or the FRA -assisted project for which Work is being performed under this Agreement. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the federal government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 as cited above on the Contractor to the extent the federal government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the federal government under a contract connected with a project that is financed in whole or in part with federal assistance originally awarded by the FRA, the federal government reserves the right to impose the penalties of 18 U.S.C. section 1001 or any other applicable law on the Contractor, to the extent the federal government deems appropriate.

The Contractor agrees that it shall promptly notify the Authority and shall refer to an appropriate federal inspector general any credible evidence that a principal, employee, agent, subcontractor, or other person has committed a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving ARRA funds.

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SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING FEDERAL FUNDS

The Contractor will include the above paragraphs in each subcontract financed in whole or in part with federal assistance provided by the FRA. It is further agreed that the paragraphs shall not be modified, except to identify the subcontractor who will be subject to the provisions.

15. REPORTING REQUIREMENTS
The Contractor agrees, upon request by the Authority in writing, to provide the Authority with the following information:

15.1. The total amount of funds received by the Contractor during the time per iod defined in the Authority’s request;

15.2. The amount of funds actually expended or obligated during the time period requested;

15.3. A detailed list of all projects or activities for which funds were expended or obligated, including:

15.3.1. The name of the project or activity;

15.3.2. A description of the project activity;

15.3.3. An evaluation of the completion status of the project or activity; and

15.3.4. An estimate of the number of jobs created and/or retained by the project or activity.

15.4. For any contracts or subcontracts equal to or greater than $25,000:

15.4.1. The name of the entity receiving the contract;

15.4.2. The amount of the contract;

15.4.3. The transaction type;

15.4.4. The North American Industry Classification System (NAICS) code or Catalog of Federal Domestic Assistance (CFDA) number, if known;

15.4.5. The location of the entity receiving the contract;

15.4.6. The primary location of the contract, including city, state, congressional district, and county;

15.4.7. The Data Universal Numbering System (DUNS ) number, or name and zip code for the entity headquarters, if known;

15.4.8. A unique identifier of the entity receiving the contract and the parent entity of the Contractor, should the entity be owned by another; and

Entity
HSR 1_-xx

EXHIBIT E

SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING FEDERAL FUNDS

15.4.9. The names and total compensation of the five most highly compensated officers of the company if received:

15.4.9.1. 80% or more of its annual gross revenues in federal awards;

15.4.9.2. $25,000,000 or more in annual gross revenue from federal awards; and

15.4.9.3. If the public does not have access to information about the compensation of senior executives through periodic reports filed under section 13, subdivision (a) or section 15, subdivision (d) of the Securities Exchange Act of 1934, or section 6104 of Internal Revenue Code of 1986.

15.4.10. Any other information reasonably requested by the State of California or required by state or federal law or regulation.

Standard data elements and federal instruction for use in complying with reporting requirements under sec
tion 1512 of the ARRA are pending review by the federal government and were published in the Federal Register on April 1, 2009 (74 F ed. R eg. 14824) , and are to be provided online at www.FederalRegister.gov. The additional requirements will be added to this Agreement by amendment.

16. REPRINTS OF PUBLICATI ONS
Whenever an employee of a Contractor -related entity writes an article regarding the Project , or otherwise resulting from Work under this Agreement , that is published in a scientific, technical, or professional journal or publication, the Contractor shall ensure that the Authority is sent two reprints of the publication, clearly referenced with the appropriate identifying information.

An acknowledgment of FRA support and a disclaimer must appear in any publication, whether copyrighted or not, based on or developed under the Agreement, in the following terms:
“This material is based upon work supported by the Federal Railroad Administration under a grant/cooperative agreement FR -HSR-0009-10-01-05, dated December 5, 2012. Any opinions, findings, and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view of the Federal Railroad Administration and/or U.S. DOT.”

17. LABOR PROVISIONS
49 U.S.C. 24405, subdivision (b) provides that any person conducting rail operations over rail infrastructure constructed or improved in whole or in part with funds provided through this Agreement shall be considered a “rail carrier,” as defined by 49 U.S.C. 10102, subdivision (5), for the purposes of Title 49, U.S.C., and any other statue that adopts that definition or in which that definition applies, including the Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.), the Railway Labor Act (43 U.S.C. § 151 et seq.), and the Entity
HSR 1_-xx

EXHIBIT E

SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING FEDERAL FUNDS

Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.). To the extent required by 49 U.S.C. 24405, subdivision (b) and other laws referenced above, the Contractor shall reflect these provisions in its agreements funded in whole or in part by this Agreement with entities operating rail services over such rail infrastructure.

18. LABOR PROTECTIVE ARRANGEMENTS
The Contractor will comply with the applicable protective arrangements established under section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (4R Act), 45 U.S.C. 836. with respect to employees affected by actions taken in connection with the Project. T he Contractor will also include the applicable protective arrangements established by the U.S. DOL under 45 U.S.C. 836 in its arrangements with entities operating rail services over rail infrastructure constructed as part of this Agreement.

Entity
HSR 1_-xx

ATTACHMENT 1 - RATES AND BUDGET DETAILS

Position and Title Labor Rate per
Hour
Overhead
Percentage
Fringe
Percentage

Consultants Labor Rate per
Hour
Overhead
Percentage
Fringe
Percentage

CITY OF WASCO GRADE SEPARATION AGREEMENT 1.0

THIS GRADE SEPARATION AGREEMENT 1.0 (“GRADE SEPARATION AGREEMENT

1.0”), is made and entered into as of the date last written below by and between the California High-Speed Rail Authority, an agency of the State of California, whose mailing address is 770 L Street, Suite 620 MS 3, Sacramento, California 95814, hereinafter referred to as the “Authority,” and the City of Wasco, a California municipal corporation, whose principal mailing address is 746 8th Street, Wasco, California 93280, hereinafter referred to as the “Local Agency.” The Authority and Local Agency are sometimes hereafter referred to as the “Parties” and each as a “Party.” RECITALS:

A. WHEREAS, Local Agency and the Authority are Parties to that certain Cooperative Agreement, HSR 15-106 (the “Master Agreement”), with an effective date of April 19, 2016, for the HSR Project; and
B. WHEREAS, Local Agency and the Authority will enter into an Ownership and Maintenance Agreement (“O&M Agreement”) for the Grade Separation Project after the date of this Grade Separation Agreement 1.0; and
C. WHEREAS, pursuant to the Master Agreement, the Parties desire to execute this Grade Separation Agreement 1.0 to detail work specific to the Poso Avenue grade separation undercrossing, Poso and J Street extensions, 6 th Street closure, and Amtrak Station pedestrian underpass, and
WHEREAS, as consideration for the closure of 6th Street as described below, the Authority shall:
(i) extend Poso to J Street, (ii) expand Poso from State Highway 43 to J Street to four (4) lanes as outlined herein, and(iii) rehabilitate 6 th Street from F Street to J Street pursuant to the Local Agency’s 2018 Subdivision Ordinance, attached as Attachment 5, which was passed and adopted by City Council on October 2, 2018.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Grade Separation Agreement 1.0 and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. INCORPORATION AND DEFINITIONS

1.1 Incorporation of Recitals. The Parties incorporate the foregoing recitals as if fully set forth herein verbatim.

1.2 Incorporation of Master Agreement. The Master Agreement and all the provisions thereof are incorporated into this Grade Separation Agreement 1.0 herein by this reference. Capitalized terms and acronyms used but not defined in this Grade Separation Agreement 1.0 shall have the definitions set forth in the Master Agreement.

All work performed pursuant to this Grade Separation Agreement 1.0 (Grade Separation Work) shall be performed in accordance with the requirements of the Master Agreement and the O&M

Agreement and, in the event of inconsistency between the provisions of this Grade Separation Agreement 1.0 and the Master Agreement, the provisions of the Master Agreement shall prevail.

1.3 Incorporation of Attachments. All attachments and exhibits attached to and referenced within this Grade Separation Agreement 1.0 are incorporated herein by such reference, including Attachment 1 ( Federal Requirements) , Attachment 2 (Poso Avenue and Wasco Avenue Overcrossing), Attachment 3 (6th Street Closure), Attachment 4 (Amtrak Pedestrian Underpass), and Attachment 5 (City of Wasco, Subdivision Ordinance 2018).

1.4 General Purpose. This Grade Separation Agreement 1.0 is entered into in order to authorize partnering, reviewing, constructing, and other efforts and expenditures related to the Grade Separation Work, as described herein. This Grade Separation Agreement 1.0 will set forth the scope of work, roles and responsibilities, and general conditions of the Grade Separation Work.

2. SCOPE OF WORK
The Local Agency will coordinate with the Authority and the Authority’s Contractor and participate in partnering meetings, design activities, and construction activities (including but not limited to inspection and location of appurtenances), and shall review and consider any encroachment permit submitted associated with the Relocation or any other rearrangement of Facilities that is necessary to accommodate or permit construction of the HSR Project . The Authority acknowledges and agrees to ensure that the Authority’s Contractor, if applicable, and the Authority shall adhere to all applicable requirements of the Local Agency necessary to complete any required encroachment review process. The Authority acknowledges the complexity and due diligence required by the Local Agency in reviewing submitted plans and other pertinent documents and information. As such, review of any submitted information and permit application are not guaranteed to be completed by any specific time period. The actual time needed to review and approve an encroachment permit application will depend on the completeness of the Authority’s or the Authority’s Contractor’s submittal, and the scope, and complexity of the proposed work. Nothing herein shall require the Local Agency to issue an encroachment permit nor limit or prohibit the Local Agency ’s authority to deny an encroachment permit . Notwithstanding anything to the contrary in this Section, the Local Authority’s review and approval of an encroachment permit application shall not be unreasonably withheld, conditioned or delayed.

Specifically, the Grade Separation Work to be performed by the Authority, except where otherwise noted, under this Grade Separation Agreement 1.0 includes, but is not limited to, the following:

A. POSO AVENUE UNDERPASS UNDER THE HSR STRUCTURE , BNSF

STRUCTURE, AND WASCO AVENUE STRUCTURE & THE POSO AND J

STREET EXTENSIONS
1) Construction of the Poso Avenue ( also referred to as “ Poso”) underpass from Highway 43 (F Street) to just east of the existing Poso/J Street intersection as shown in attached Attachment 2. Poso Avenue underpass will be under the proposed HSR structure, BNSF structure, and Wasco Avenue structure.

2) The Poso Avenue underpass shall be a minimum of four ( 4) paved travel lanes; two (2) lanes in each direction, consistent with City of Wasco General Plan Circulation Element 4 lane collector street designation. 3) Pedestrian facilities on Poso shall include a five-foot (5’)-wide pedestrian sidewalk on the south side of the underpass travel lanes , and pedestrian crosswalks that permit pedestrians to travel north/south at F Street and J Street. 4) Underpass wall treatments shall be finished in a Bellevue Ledge finish and shall include an anti-graffiti/graffiti preventative product. 5) Construction of an extension of Poso Avenue and pedestrian sidewalk approximately 1,000 feet west from the intersection of the “J” Street bridge and Poso Avenue.
6) Authority will be responsible for any environmental clearance applicable to Authority that is related to the work set forth in this section. If additional land rights are needed to perform the Grade Separation Work upon real property in which Local Agency holds a limited/partial interest (e.g. roadway easement), then prior to Local Agency’s issuance of an encroachment permit authorizing commencement of construction on such real property, Authority will provide Local Agency with Authority’s right-of-way certifications indicating that the Authority has obtained sufficient rights to occupy the property and perform the Grade Separation Work.
7) Construction of a storm water pumping station for the Poso underpass and provision for ultimate location of stormwater.

B. 6TH STREET AT-GRADE BNSF CROSSING CLOSURE
1) The Local Agency agrees to permanently close 6th Street upon the opening of Poso to traffic. The Authority currently contemplates such opening in Fall 2022. 2) The 6 th Street at -grade BNSF crossing closure in downtown Wasco consists of closing 6th Street at the west side of the HSR Project alignment, east of the G street intersection with 6 th Street, and west of the H street intersection with the BNSF alignment on the east side of HSR Project alignment (see Attachment 3). 3) The closure treatments at the 6 th street intersections with G Street and H Street shall consist of a four-foot (4’)-eight-inch (8”)-high concrete barrier. A twelve- foot (12’)-high access restriction fence (ARF) at the G street intersection will be placed between the concrete barrier and the High-Speed Rail Property (see Attachment3.)
4) Except as otherwise agreed upon by the Parties in writing, in order to maintain the traffic flow, the Authority shall not close 6th Street and Poso Avenue concurrently.

C. 7 th STREET AMTRAK STATION PEDESTRIAN UNDERPASS
1) Construction of the Amtrak Station Pedestrian Underpass tunnel under the HSR alignment, and facilities located at G Street and 7 th Street, as indicated in the attached Pedestrian Underpass Exhibit incorporated herein as Attachment 4 (“Pedestrian Underpass”).
2) The Local Agency shall review, and in its reasonable discretion, approve the design for the elements of the Pedestrian Underpass related to the pedestrian walkway as set forth on such plans included in Attachment 4, including the related plan sets dated May 26, 2020, and any reasonable conditions the Local Agency requires of such s ubmitted encroachment permit. Work commenced by the Authority in Fall 2021, and shall be completed in or around Spring 2022. 3) The Pedestrian Underpass will permit Amtrak and BNSF customers access to the Amtrak station platform from either side of the HSR Project alignment. The Pedestrian Underpass will provide access for Amtrak customers from the west side of the HSR Project alignment on G Street to the Amtrak Station boarding platform on the east side of the HSR Project alignment.
4) The Pedestrian Underpass tunnel shall be a reinforced concrete structure that is accessed by reinforced concrete sidewalks, ramps with landings, and stairwells with handrails built to ADA standards.
5) The facility drop-off area, ramps, staircases, tunnel, and boarding areas including the following:
a. Amtrak ticket kiosk.
b. 24- hour security lighting and cameras.
c. Sound system.
d. Bus and vehicle passenger drop- off areas.
e. Landscaping and irrigation system.
f. City of Wasco and Amtrak graphics.
g. Storm drainage and pumping systems.

E. UTILITIES
1) All public utilities affected by the Grade Separation Work shall be relocated and placed in service as necessary to commence the Grade Separation Work. All actual, necessary and direct costs associated with relocating utilities are the Authority’s responsibility. The Authority acknowledges and shall ensure that the Authority’s Contractor, if applicable, or the Authority shall obtain any necessary encroachment permit for such utility relocations.
2) The Authority shall perform all necessary environmental reviews to proceed with utility relocations.

3. LIABILITY AND PAYMENT FOR WORK

3.1. Liability for Work.

a. Pursuant to the Master Agreement at Section 1.2 and 2.1D, the work described under Section 2 of this Grade Separation Agreement 1.0 shall not be considered a Betterment.

b. Pursuant to Appendix A1G, all work performed under this Grade Separation Agreement

1.0 shall be performed pursuant to the City of Wasco’s formally approved General Plan, Master Plans, standard plans and standard specifications that were in place as of July 3, 2018.

c. Pursuant to Section 3.1 of the Master Agreement, the Authority shall bear all of its actual, necessary and direct costs associated with the Grade Separation Work to be performed under Section 2.

3.2 Timing. The Authority currently contemplates all work to be completed within two ( 2) years from the date of the Grade Separation Agreement 1.0, and it s schedule could be extended depending on the final schedule for the portion of the HSR Project in which the Grade Separation Work is located.

4. CONTACTS
The contacts for this Grade Separation Agreement 1.0 will be as follows:

Local Agency: M. Scott Hurlbert, Wasco City Manager
Authority: Gilberto Baca, CHSRA Third Party and Utility Manager

5. MISCELLANEOUS

5.1 No Reliance. This Grade Separation Agreement 1.0 has been negotiated in good faith and each Party represents and warrants that, in executing this Grade Separation Agreement 1.0, such Party is not relying upon any representation, promise, inducement or statement made in negotiation that has not been included in the terms of this Grade Separation Agreement 1.0.

5.2 Authorized Representatives. Each individual executing this Grade Separation Agreement 1.0 and the instruments referenced herein on behalf of a party to this Grade Separation Agreement 1.0 have the legal power, right and actual authority to bind such party to the terms and conditions hereof and thereof without any further action on the part of such party.

5.3 Severability. If any part, term, portion or provision of this Grade Separation Agreement 1.0 is determined to be illegal, invalid or unenforceable, the remaining parts, terms, portions and provisions shall remain valid, enforceable, and in full force and effect.

5.4 Authority Approval Required. This agreement has no force or effect and is not binding on Authority until and unless it is approved by Authority.

5.5 No Debt Upon State of California. Any obligation of Authority created by or arising from this Grade Separation Agreement 1.0 shall not impose a debt upon Authority, but shall be payable solely out of funds duly authorized and appropriated by the California State Legislature.

5.6 Amendment. This Grade Separation A greement 1.0 may only be amended by written agreement, executed by authorized representatives of all Parties.

5.7 Counterparts. This Grade Separation A greement 1.0 may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts of this Grade Separation Agreement 1.0 may be exchanged by email or electronic facsimile and any email or electronic facsimile exchange of a Party’s signature shall be deemed to be an original signature for all purposes.

5.8 Governing Law. This Grade Separation Agreement 1.0 shall be governed by and construed in accordance with the Constitution and laws of the State of California, without regard to conflict of law principles. Venue for any arbitration action and all legal actions shall lie exclusively in Sacramento County, California.

5.9 Termination. The Authority reserves the right to terminate this Grade Separation Agreement

1.0 in the event of breach or failure of performance by the Local Agency, including any failure to perform the agreement requirements at the time or in the manner provided herein upon ten (10) days’ prior written notice to the Local Agency. Should the Local Agency cure any such breach or failure of performance and provide written documentation thereof to the Authority within such time, and the Authority confirms in its sole discretion that the breach has been cured, then this Agreement shall not be terminated due to such breach.

If a breach is curable but by its nature cannot be cured within 10 days, as reasonably determined by the Authority, then the Authority may agree not to terminate this Agreement provided the Local Agency commences curing such breach within the 10-day period and thereafter prosecutes such cure to completion within a reasonable time thereafter. Written documentation of the cure completion must be provided to the Authority on or before the date of completion within such reasonable time period. In the event that Local Agency fails to cure such breach within a reasonable time, the Authority, at its option, shall have the right to either terminate this Agreement, or complete the remainder of the cure work and receive reimbursement therefor from Local Agency, or allow Local Agency to continue to prosecute the cure to completion.

The Authority may terminate this Grade Separation Agreement 1.0 without cause upon thirty (30) days’ prior written notice to the Local Agency. Upon any such termination, each Party’s obligations under this Agreement shall automatically terminate, except those that are intended to survive the termination or expiration of this Agreement.

In the event of any such termination, the Authority may proceed with work in any manner deemed proper by the Authority.

5.10 Federal Requirements. Local Agency understands that the Authority has received federal

funding from the Federal Railroad Administration (FRA) for the HSR Project and acknowledges that it is required to comply with all applicable federal laws, regulations, policies, and related administrative practices, whether or not they are specifically referenced herein. Local Agency acknowledges that federal laws, regulations, policies, and related administrative practices may change, and that such changed requirements will apply to the HSR Project. The Local Agency shall ensure compliance by its subcontractors and include appropriate flow down provisions in each of its lower-tier subcontracts as required by applicable federal laws, regulations, policies, and related administrative practices, whether or not specifically referenced herein.

Notwithstanding anything to the contrary contained in this agreement, all FRA -mandated terms, incorporated herein as Attachment 1, shall be deemed to control in the event of a conflict with other provisions contained in this agreement. Local Agency shall not perform any act, fail to perform any act, or refuse to comply with any Authority request that would cause the Authority to be in violation of FRA requirements.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.

SIGNATURES FOLLOW.]

IN WITNESS WHEREOF, the Parties hereto have executed this Grade Separation Agreement 1.0 as of the last date written below.

LOCAL AGENCY:

City of Wasco,
a California municipal corporation

Signature __________________________________________ Date: _____________________ Typed Name: M. Scott Hurlbert
Typed Title: City Manager

Approved as to form:

Signature __________________________________________ Date: _____________________ Typed Name: Thomas Schroeter
Typed Title: City Attorney

AUTHORITY:

California High-Speed Rail Authority,
an agency of the State of California

Signature __________________________________________ Date: _____________________ Typed Name: Brian Kelly
Typed Title: Chief Executive Officer

Approved as to form:

Signature __________________________________________ Date: _____________________ Typed Name: Alicia Fowler
Typed Title: Chief Counsel

City of Wasco – Ownership and Maintenance Agreement
HSR 2x-xx

Exhibit F: Federal Terms And Conditions

ATTACHMENT 1: FEDERAL TERMS AND CONDITIONS

1. FEDERAL REQUIREMENTS
The Contractor understands that the Authority has received Federal funding from the Federal Rail Administration (FRA) and may receive additional Federal funding from the FRA, U.S. DOT and/or other Federal agencies, and acknowledges that it is required to comply with all applicable federal laws, regulations, policies, and related administrative practices, whether or not they are specifically referenced herein. The Contractor acknowledges that federal laws, regulations, policies, and related administrative practices may change and that such changed requirements will apply.

The Contractor shall ensure compliance by its Subcontractors and include appropriate flow down provisions in each of its lower-tier Subcontracts as required by applicable federal laws, regulations, policies, and related administrative practices, whether or not specifically referenced herein.

Notwithstanding anything to the contrary contained in this Agreement, all FRA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Authority requests, which would cause the Authority to be in violation of FRA requirements.

References to the amended Federal Railroad Administration Grant Cooperative Agreement No. FR-HSR-0009‐10‐01‐06 (ARRA Grant) provisions herein are also deemed to apply in principle to the FRA Grant Cooperative Agreement No. FR-HSR- 0118012, as amended (FY 10 Grant) and/or any future FRA, U.S. DOT, or other Federal agency Grant/Cooperative Agreement requirements, including but not limited to reporting requirements and related obligations. The Contractor acknowledges that it is required to comply with, and adhere to, all requisite Federal requirements from the FRA, UD DOT and/or other Federal agencies that apply, or will apply.

2. COMPLIANCE WITH FEDERAL REQUIREMENTS
The Contractor’s failure to comply with Federal Requirements shall constitute a breach of this Agreement.

3. FEDERAL PROCUREMENT STANDARDS
The Contractor agrees to comply with the Procurement Standards requirements set forth at 49 C.F.R. Section 18.36, and with applicable supplementary U.S.

Department of Transportation (U.S. DOT) or FRA directives or regulations. If determined necessary for proper Project administration, FRA reserves the right to review the Contractor’s technical specifications and requirements.

4. FEDERAL LOBBYING ACTIVITIES CERTIFICATION
The Contractor certifies, to the best of its knowledge and belief, that:

City of Wasco – Ownership and Maintenance Agreement
HSR 2x-xx

Exhibit F: Federal Terms And Conditions

4.1 No state or federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any state or Federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a member of the Legislature or Congress in connection with the awarding of any State or Federal agreement, the making of any State or Federal grant, the making of any State or Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal agreement, grant, loan, or cooperative agreement.

4.2 If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this agreement, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying,” in accordance with its instructions.

4.3 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. section 1 352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $1 0,000 and not more than $1 00,000 for each failure.

4.4 The Contractor also agrees that by signing this document, it shall require that the language of this certification be included in all lower-tier Subcontracts, which exceed $1 00,000, and that all such Subcontractors shall certify and disclose accordingly.

5. DEBARMENT AND SUSPENSION
This Agreement is a covered transaction for purposes of 2 C.F.R. Part 1200. As such, the Contractor is required to comply with applicable provisions of Executive Orders Nos. 12549 and 12689; “Debarment and Suspension,” 31 U.S.C. section 6101 note; and U.S. DOT regulations, “Non-procurement Suspension and Debarment,” 2 C.F.R. Part 1200, which adopt and supplement the provisions of U.S.

Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement),” 2 C.F.R. Part 180.

To the extent required by the aforementioned U.S. DOT regulations and U.S. OMB guidance, the Contractor must verify that each Subcontractor is not excluded or disqualified in accordance with said regulations by reviewing the “Excluded Parties Listing System” at www.sam.gov/portal/public/SAM/
. The Contractor shall obtain
City of Wasco – Ownership and Maintenance Agreement
HSR 2x-xx

Exhibit F: Federal Terms And Conditions

appropriate certifications from each such Subcontractor and provide such certifications to the Authority.

The Contractor’s signature affixed herein shall also constitute a certification under penalty of perjury under the laws of the State of California that the Contractor or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Have not had one or more public transactions (federal, state, and local) terminated within the preceding three years for cause or default;

3. Has not been convicted within the preceding three years of any of the offenses listed in 2 C.F.R. section 1 80.800(a) or had a civil judgment rendered against it for one of those offenses within that time period; and,

4. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses listed in 2 C.F.R. section 1 80.800.

Should the Contractor or any Subcontractor become excluded or disqualified as defined in this section during the life of the Agreement, the Contractor shall immediately inform the Authority of this exclusion or disqualification.

The Contractor shall include a term or condition in the Agreement documents for each lower-tier covered transaction, assuring that, to the extent required by the U.S.

DOT regulations and U.S. OMB guidance, each Subcontractor will review the “Excluded Parties Listing System,” will obtain certifications from lower-tier Subcontractors, and will include a similar term or condition in each of its lower-tier covered transactions.

6. SITE VISITS
The Contractor agrees that FRA, through its authorized representatives, has the right, at all reasonable times, to make site visits to review Project accomplishments and for other reasons. If any site visit is made by FRA on the premises of the Contractor or any of its Subcontractors under this Agreement, the Contractor shall provide and shall require its Subcontractors to provide, all reasonable facilities and assistance for the safety and convenience of FRA representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner as will not unduly delay work being conducted by the Contractor or Subcontractor.

City of Wasco – Ownership and Maintenance Agreement
HSR 2x-xx

Exhibit F: Federal Terms And Conditions

7. SAFETY OVERSIGHT
To the extent applicable, the Contractor agrees to comply with any Federal regulations, laws, or policies and other guidance that FRA or U.S. DOT may issue pertaining to safety oversight in general, and in the performance of this Agreement, in particular.

8. ENVIRONMENTAL PROTECTION
The Contractor and any Subcontractor under this Agreement shall comply with all applicable environmental requirements and regulations, including any amendments, as follows:

8.1 Clean Air: The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. sections 7401 et seq. The Contractor agrees to report each violation to the Authority, and understands and agrees that the Authority shall, in turn, report each violation as required to assure notification to the FRA and the appropriate Environmental Protection Agency Regional Office.

8.2 Clean Water: The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. sections 1 251 et seq. The Contractor agrees to report each violation to the Authority, and understands and agrees that the Authority shall, in turn, report each violation as required to assure notification to the FRA and the appropriate EPA Regional Office.

8.3 Energy Conservation: The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. sections 6421 et seq.)

8.4 Agreement Not To Use Violating Facilities: The Contractor agrees not to use any facility to perform work hereunder that is listed on the List of Violating Facilities maintained by the EPA. The Contractor shall promptly notify the Authority if the Contractor or any Subcontractor receives any communication from the EPA indicating that any facility which will be used to perform work pursuant to this Agreement is under consideration to be listed on the EPA’s List of Violating Facilities; provided, however, that the Contractor’s duty of notification hereunder shall extend only to those communications of which it is aware, or should reasonably have been aware.

8.5 Environmental Protection: The Contractor shall comply with all applicable requirements of the National Environmental Policy Act of 1 969, as amended, 42 U.S.C. sections 4321 et seq.

City of Wasco – Ownership and Maintenance Agreement
HSR 2x-xx

Exhibit F: Federal Terms And Conditions

8.6 Incorporation of Provisions: The Contractor shall include the above provisions (A) through (F) in every subcontract hereunder exceeding $50,000 financed in whole or in part with federal assistance provided by the FRA.

9. CIVIL RIGHTS
The following requirements apply to this Agreement:

9.1 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. section 2000d; section 303 of the Age Discrimination Act of 1 975, as amended, 42 U.S.C. section 61 02; section 202 of the Americans with Disabilities Act of 1 990, 42 U.S.C. section 1 21 32; and 49 U.S.C. section 306, the Contractor agrees that it will not discriminate against any individual because of race, color, religion, national origin, sex, age or disability in any activities leading up to or in performance of this Agreement. In addition, the Contractor agrees to comply with applicable federal implementing regulations and other implementing requirements that FRA may issue.

9.2 Equal Employment Opportunity: The following equal employment opportunity requirements apply to this Agreement:

9.2.1 Race, Color, Religion, National Origin, Sex: In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. section 2000e, the Contractor agrees to comply with all applicable equal opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” including 41 C.F.R 60 et seq. (which implements Executive Order No. 1 1 246, “Equal Employment Opportunity,” as amended by Executive Order No. 1 1 375, “Amending Executive Order 1 1 246 Relating to Equal Employment Opportunity,” 42 U.S.C. section 2000e note), and with any applicable federal statutes, executive orders, regulations, and federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, sex, or age. Such action shall include the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FRA may issue.

9.2.2 Age: In accordance with section 4 of the Age Discrimination in Employment Act of 1 967, as amended, 29 U.S.C. section 623, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor City of Wasco – Ownership and Maintenance Agreement
HSR 2x-xx

Exhibit F: Federal Terms And Conditions

agrees to comply with any implementing requirements FRA may issue.

9.2.3 Disabilities: In accordance with section 1 02 of the Americans with Disabilities Act, as amended, 42 U.S.C. section 1 21 1 2, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R Part 1 630, pertaining to employment of persons with disabilities. Further, in accordance with section 504 of the Rehabilitation Act of 1 973, as amended, 29 U.S.C. section 794, the Contractor also agrees that it will comply with the requirements of U.S.

Department of Transportation, “Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. Part 27, pertaining to persons with disabilities.

In addition, the Contractor agrees to comply with any implementing requirements FRA may issue.

9.3 The Contractor also agrees not to discriminate on the basis of drug abuse, in accordance with the Drug Abuse Office and Treatment Act of 1 972 (P.L. 92- 255), as amended, alcohol abuse, in accordance with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1 970 (P.L. 91-61 6), as amended, and to comply with sections 523 and 527 of the Public Health Service Act of 1 91 2 (42 U.S.C. section 290 dd), as amended, relating to confidentiality of alcohol and drug abuse patient records. In addition, the Contractor agrees to comply with applicable federal implementing regulations and other implementing requirements that FRA may issue.

9.4 The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with federal assistance provided by FRA, modified only if necessary to identify the affected parties.

10. ARRA FUNDED PROJECT
Funding for this Agreement has been provided through the America Recovery and Reinvestment Act (ARRA) of 2009, Pub. L. 111-5. All Contractors, including both prime and Subcontractors, are subject to audit by appropriate federal or State of California (State) entities. The State has the right to cancel, terminate, or suspend the Agreement if any Contractor or Subcontractor fails to comply with the reporting and operational requirements contained herein.

11. ENFORCEABILITY
Contractor agrees that if the Contractor or one of its Subcontractors fails to comply with all applicable federal and State requirements governing the use of ARRA funds, the State may withhold or suspend, in whole or in part, funds awarded under the City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

program, or recover misspent funds allowing an audit. This provision is in addition to all other remedies available to the State under all applicable State and federal laws.

12. PROHIBITION ON USE OF ARRA FUNDS
Contractor agrees in accordance with ARRA, section 1604, that none of the funds made available under this Agreement may be used for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.

13. REQUIRED USE OF AMERICAN IRON, STEEL AND OTHER MANUFACTURED GOODS
The Contractor agrees that in accordance with the Passenger Rail Investment and Improvement Act (PRIIA) of 2008, 49 C.F.R. section 24405(a), which provides that federal funds may not be obligated unless steel, iron, and manufactured products used in FRA-funded projects are produced in the United States, unless a waiver has been granted by the U.S. Secretary of Transportation. For more information on the FRA’s Buy America requirements and processes please see FRA’s Answers to Frequently Ask Questions (FAQ) available at, www.fra.dot.gov/Page/P0391 .

Should the Contractor fail to demonstrate compliance with 49 U.S.C. section 24405(a) and a waiver has not been granted, the Contractor must take the necessary steps in order to achieve compliance, at no cost to the Authority. The Contractor’s failure to comply with this provision shall be a material breach of this Agreement.

If evidence indicates noncompliance with Buy America requirements, the Authority will initiate an investigation. The FRA may also initiate its own investigation. The Contractor shall have the burden of proof to establish compliance. If the Contractor fails to demonstrate compliance, then the Contractor shall substitute sufficient domestic materials without revision of the Agreement terms. Failure to comply with the provisions of this clause may lead to the initiation of debarment proceedings pursuant to 49 C.F.R. Part 29.

Where the Contractor is unable to certify that it will meet the Buy America requirements and believes it may qualify, pursuant to 49 U.S.C. section 24405(a)(2) for a waiver from the Buy America requirements set forth therein, the Contractor must submit to the Authority a written justification detailing the reasons it believes it meets the particular waiver exception(s). At a minimum, the Contractor’s written waiver request justification shall contain:

1. A description of the project;

2. A description of the steel, iron, or manufactured goods not meeting the Buy America requirement;

3. A description of the percentage of U.S. content in the steel, iron or manufactured goods, as applicable;
City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

4. A description of the efforts made to secure the Buy America compliant steel, iron or manufactured goods;

5. A description of the bidding process used in the procurement (e.g., whether open or closed, how many bids were received, were any compliant products offered in competing bids);

6. If a waiver request is based on price, cost differential(s) that would be incurred in order to secure compliant Buy American steel, iron or manufactured goods;

7. Citation to specific waiver categories in 49 U.S.C. section 24405(a)(2) under which the waiver is sought;

8. Justification supporting the application of the waiver categories cited; and,

9. Contact information for the responsible party.

14. ACCESS AND INSPECTION OF RECORDS
1 4.1 In accordance with ARRA sections 902, 1 51 4, and 1 51 5, the Contractor agrees that it shall permit the State of California, the United States Comptroller General, the United States Department of Transportation Secretary, or their representatives or the appropriate Inspector General appointed under section 3 or 8G of the United States Inspector General Act of 1 978 or his representative to:
a. Access and reproduce any books, documents, papers and records of the Contractor that directly pertain to, and involve transactions relating to, this Agreement for the purposes of making audits, examinations, excerpts and transcriptions; and,
b. Interview any officer or employee of the Contractor or any of its Subcontractors regarding the activities funded with funds appropriated or otherwise made available by ARRA.
1 4.2 Pursuant to 49 C.F.R. section 1 8.26(i)(1 1 ), 49 C.F.R. section 1 9.26, or A-1 33 (whichever applicable), the Contractor agrees to maintain all books, records, accounts and reports required under this Agreement for a period of not less than three years after the date of termination or expiration of this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case the Contractor agrees to maintain same until the Authority, the FRA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto. The Contractor shall notify the Authority not less than six months prior to disposal of any books, records, accounts and reports required under this Agreement.

City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

1 4.3 The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1 974, 5 U.S.C. section 552(a).

The Contractor shall include this provision in all lower-tier subcontracts.

15. WHISTLEBLOWER PROTECTION
The Contractor agrees that both it and its Subcontractors shall comply with section 1553 of the ARRA, which prohibits all non-federal contractors, including the state, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of:

1. Gross mismanagement of a contract relating to ARRA funds;

2. Gross waste of ARRA funds;

3. A substantial and specific danger to the public health or safety related to the implementation or use of ARRA funds;

4. An abuse of authority related to implementation or use of ARRA funds; or

5. A violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contractor) awarded or issued relating to ARRA funds.

The Contractor agrees that it and its Subcontractors shall post notice of the rights and remedies available to employees under section 1553 of Title XV of Division A of the ARRA.

16. FRAUD AND FALSE CLAIMS ACT
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986 (6 C.F.R. Part 13), as amended, 31 U.S.C. section 3801 et seq., and the U.S. DOT regulations Program Fraud Civil Remedies (49 C.F.R. Part 31), apply to its actions pertaining to this Project. Upon execution of this Agreement, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to this Agreement or the FRA assisted project, for which Work is being performed under this Agreement. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes or causes to be made, a false, fictitious or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 as cited above on the Contractor to the extent the Federal Government deems appropriate.

City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the federal government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by the FRA, the federal government reserves the right to impose the penalties of 18 U.S.C. section 1001 or any other applicable law on the Contractor, to the extent the federal government deems appropriate.

The Contractor agrees that it shall promptly notify the Authority and shall refer to an appropriate federal inspector general any credible evidence that a principal, employee, agent, Subcontractor, or other person has committed a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving ARRA funds.

The Contractor agrees to include the above paragraphs in each subcontract financed in whole or in part with Federal assistance provided by the FRA. It is further agreed that the paragraphs shall not be modified, except to identify the Subcontractor who will be subject to the provisions.

17. CARGO PREFERENCE
As required by 46 C.F.R. Part 381, the Contractor agrees to the following:
1 7.1 To use privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, materials, or commodities pursuant to this Agreement, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.
1 7.2 To furnish within 20 Working Days following the date of loading for shipments originating within the United States, or within 30 Working Days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in Part A of this section. This bill-of-lading shall be furnished to the Authority (through the Contractor in the case of a Subcontractor’s bill-of-lading) and to the Division of National Cargo and Domestic Trade, Maritime Administration, 1 200 New Jersey Ave SE, Washington, D.C. 20590, marked with appropriate identification of the Project. 1 7.3 To include these requirements in all subcontracts issued pursuant to this Agreement when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

18. WAGE RATE REQUIREMENTS
Payment of prevailing wages on the Project is required by 49 U.S.C. section 24405(c) (2) and ARRA section 1606. For Project components that use or would use rights-of-way owned by a railroad, the Contractor shall comply with the Provisions of 49 U.S.C. section 24312. For these purposes, wages in collective bargaining agreements negotiated under the Railway Labor Act (45 U.S.C. section 151, et seq.) are deemed to comply with Davis-Bacon Act requirements. For Project components that do not use or would not use rights-of-way owned by a railroad, the Contractor shall comply with the provisions of 40 U.S.C sections 3141, et seq. The Contractor shall also comply with the Copeland “Anti-Kickback” Act provisions of 18 U.S.C. section 874 and 29 C.F.R. Part 3.

When prevailing wage rates apply, the Contractor must submit, with each invoice, a certified copy of the payroll for compliance verification. Invoice payment will not be made until the payroll has been verified and the invoice approved by the Contract Manager.

1. If there is any conflict between the state prevailing wages, the federal prevailing wages and the Authority’s Community Benefits Agreement, the highest rate shall be paid.

2. Any sub-agreement entered into as a result of this Agreement shall contain all of the provisions of this clause.

Pursuant to ARRA section 1606, the Contractor shall comply with the Davis-Bacon Act prevailing wage provisions of 40 U.S.C. sections 3141, et seq. The Contractor shall also comply with the Copeland “Anti-Kickback” Act provisions of 18 U.S.C. section 874 and 29 C.F.R. Part 3. When prevailing wage rates apply, the Contractor must submit, with each invoice, a certified copy of the payroll for compliance verification. Invoice payment will not be made until the payroll has been verified and the invoice approved by the Contract Manager.

3. If there is any conflict between the state prevailing wages and the federal prevailing wages, the higher rate shall be paid.

4. Any sub-agreement entered into as a result of this Agreement shall contain all of the provisions of this clause.

19. SEISMIC SAFETY
The Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in the Department of Transportation Seismic Safety Regulations, 49 C.F.R.

Part 41, and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all Work performed under this Agreement including work performed by a Subcontractor is in compliance with the standards City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

required by the Seismic Safety Regulations and the certification of compliance issued on the Project.

20. REPORTING REQUIREMENTS
Contractor agrees, if requested by the Authority in writing, to provide the Authority with the following information:

20.1 The total amount of funds received by the Contractor during the time period defined in the Authority’s request;

20.2 The amount of funds actually expended or obligated during the time period requested;

20.3 A detailed list of all projects or activities for which funds were expended or obligated, including:

1. The name of the project or activity;

2. A description of the project activity;

3. An evaluation of the completion status of the project or activity; and,

4. An estimate of the number of jobs created and/or retained by the project or activity.

20.4 For any contracts or subcontracts equal to or greater than $25,000:

1. The name of the entity receiving the contract;

2. The amount of the contract;

3. The transaction type;

4. The North American Industry Classification System (NAICS) code or Catalog of Federal Domestic Assistance (CFDA) number, if known;

5. The location of the entity receiving the contract;

6. The primary location of the contract, including city, state, congressional district, and county;

7. The DUNS number, or name and zip code for the entity headquarters, if known;

8. A unique identifier of the entity receiving the Agreement and the parent entity of Contractor, should the entity be owned by another; and, City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

9. The names and total compensation of the five most highly compensated officers of the company if received:
a. 80% or more of its annual gross revenues in Federal awards; b. $25,000,000 or more in annual gross revenue from Federal awards; and,
c. If the public does not have access to information about the compensation of senior executives through periodic reports filed under section 1 3(a) or 1 5(d) of the Securities Exchange Act of 1 934 or section 61 04 of Internal Revenue Code of 1 986.

20.5 Any other information reasonably requested by the State of California or required by state or federal law or regulation.

Standard data elements and federal instruction for use in complying with reporting requirements under section 1512 of the ARRA, are pending review by the federal government, and were published in the Federal Register on April 1, 2009 [74 FR 14824], and are to be provided online at www.FederalRegister.gov . The additional
requirements will be added to this Agreement by amendment.

21. REPRINTS OF PUBLICATIONS
Whenever an employee of a Contractor-Related Entity writes an article regarding the Project or otherwise resulting from work under this Agreement that is published in a scientific, technical, or professional journal or publication, the Contractor shall ensure that the Authority is sent two reprints of the publication, clearly referenced with the appropriate identifying information.

An acknowledgment of FRA support and a disclaimer must appear in any publication, whether copyrighted or not, based on or developed under the Agreement, in the following terms:
“This material is based upon work supported by the Federal Railroad Administration under a grant/cooperative agreement FR-HSR-0009-10-01-05, dated December 5, 2012. Any opinions, findings, and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view of the Federal Railroad Administration and/or U.S. DOT.”

22. LABOR PROVISIONS
49 U.S.C. 24405(b) provides that persons conducting rail operations over rail infrastructure constructed or improved in whole or in part with funds provided through this Agreement shall be considered a “rail carrier,” as defined by 49 U.S.C. 10102(5), for the purposes of Title 49, U.S.C., and any other statue that adopts that definition or in which that definition applies, including the Railroad Retirement Act of City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

1974 (45 U.S.C. 231 et seq.), the Railway Labor Act (43 U.S.C. 151 et seq.), and the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.) To the extent required by 49 U.S.C. 24405(b) and other laws referenced above, the Contractor shall reflect these provisions in its agreements funded in whole or in part by this Agreement with entities operating rail services over such rail infrastructure.

23. LABOR PROTECTIVE ARRANGEMENTS
The Contractor agrees to comply with the applicable protective arrangements established under section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (4R Act), 45 U.S.C. 836 with respect to employees affected by actions taken in connection with the Project. The Contractor also agrees to include the applicable protective arrangements established by the U.S. DOL under 45 U.S.C. 836 in its arrangements with entities operating rail services over rail infrastructure constructed as part of this Agreement.

24. PROPERTY, EQUIPMENT AND SUPPLIES

24.1 The Contractor agrees that Project property, equipment, and supplies shall be used for the Project activity for the duration of its useful life, as determined by the FRA. Should the Contractor unreasonably delay or fail to use Project property, equipment, or supplies during its useful life, the Contractor agrees that the FRA may require the Contractor to return the entire amount of FRA assistance expended on that property, equipment, or supplies. The Contractor further agrees to notify the Authority when any Project property or equipment is withdrawn from use in the Project activity or when such property or equipment is used in a manner substantially different from the representations made by the Contractor in its justification for purchase of the property or equipment.

24.2 The Contractor agrees to comply with the property standards of 49 C.F.R. sections 1 8.31 , 1 8.32, and 1 8.33, including any amendments thereto, and other applicable guidelines or regulations that are issued.

24.3 The Contractor agrees to maintain the Project property and equipment in good operating order, and in accordance with any guidelines, directives, or regulations that the FRA may issue.

24.4 The Contractor agrees to keep satisfactory records with regard to the use of the property, equipment, and supplies, and submit to the FRA, upon request, such information as may be required to assure compliance with this section.

24.5 The Contractor agrees that the FRA may:

1. Require the Contractor to transfer title to any property, equipment, or supplies financed with FRA assistance, as permitted by 49 C.F.R. section

18.32(g).

City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

2. Direct the disposition of property or equipment financed with FRA assistance as set forth by 49 C.F.R. sections 1 8.31 and 1 8.32.

24.6 Unless expressly authorized in writing by the Authority, the Contractor agrees to refrain from:

1. Executing any transfer of title, lease, lien, pledge, mortgage, encumbrance, contract, grant anticipation note, alienation, or other obligation that in any way would affect the Authority’s or the FRA’s interest in any Property or equipment; or obligating itself in any manner to any third party with respect to Project property or equipment.

24.7 The Contractor agrees that Project property, equipment, and supplies shall be used for the Project activity for the duration of its useful life, as determined by the FRA. Should the Contractor unreasonably delay or fail to use Project property, equipment, or supplies during its useful life, the Contractor agrees that the FRA may require the Contractor to return the entire amount of FRA assistance expended on that property, equipment, or supplies. The Contractor further agrees to notify the Authority when any Project property or equipment is withdrawn from use in the Project activity or when such property or equipment is used in a manner substantially different from the representations made by the Contractor in its justification for purchase of the property or equipment.

24.8 The Contractor agrees to comply with the property standards of 49 C.F.R. sections 1 9.30 through 1 9.37 inclusive, including any amendments thereto, and other applicable guidelines or regulations that are issued.

24.9 The Contractor agrees to maintain the Project property and equipment in good operating order, and in accordance with any guidelines, directives, or regulations that the FRA may issue.

24.1 0 The Contractor agrees to keep satisfactory records with regard to the use of the property, equipment, and supplies, and submit to the FRA, upon request, such information as may be required to assure compliance with this section.

24.1 1 The Contractor agrees that the FRA may:

1. Require the Contractor to transfer title to any property, equipment, or supplies financed with FRA assistance, as permitted by 49 C.F.R. sections 1 9.30 through 1 9.37 inclusive.

2. Direct the disposition of property or equipment financed with FRA assistance as set forth by 49 C.F.R. sections 1 9.30 through 1 9.37 inclusive.

24.1 2 Unless expressly authorized in writing by the Authority, the Contractor agrees to refrain from:

City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

1. Executing any transfer of title, lease, lien, pledge, mortgage, encumbrance, contract, grant anticipation note, alienation, or other obligation that in any way would affect the Authority’s or the FRA’s interest in any Property or equipment; or

2. Obligating itself in any manner to any third party with respect to Project property or equipment.

The Contractor agrees to refrain from taking any action or acting in a manner that would adversely affect the FRA’s interest or impair the Authority’s continuing control over the use of Project property or equipment.

The Contractor must comply with the property, equipment, and supplies management standards and procedures in 49 C.F.R. sections 18.31 and 18.32. The Contractor may use its own management standards so long as such standards comply with 49 C.F.R. sections 18.31 and 18.32.

The Contractor must comply with the property, equipment and supplies management standards and procedures in 49 C.F.R. sections 19.30 through 19.37, inclusive. The Contractor may use its own management standards so long as such standards comply with 49 C.F.R. sections 19.30 through 19.37, inclusive.

25. MAINTENANCE
If any Project property, equipment, or supplies are not used for the Project for the duration of its useful life, as determined by the FRA, whether by planned withdrawal, misuse or casualty loss, the Contractor agrees to notify the Authority immediately.

Disposition of withdrawn property, equipment, or supplies shall be in accordance with 49 C.F.R. sections 18.31 and 18.32.

If any Project property, equipment, or supplies are not used for the Project for the duration of its useful life, as determined by the FRA, whether by planned withdrawal, misuse or casualty loss, the Contractor agrees to notify the Authority immediately.

Disposition of withdrawn property, equipment, or supplies shall be in accordance with 49 C.F.R. sections 19.30 through 19.37 inclusive.

26. FLY AMERICA
The Contractor agrees to comply with 49 U.S.C. section 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 C.F.R. Part 301-10, which provide that recipients and sub-recipients of Federal funds and their contractors are required to use U.S. flag air carriers for U.S.

Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. If a foreign air carrier was used, the Contractor shall submit an appropriate certification or memorandum adequately explaining why service by a U.S. flag carrier was not available or why it was necessary to use a foreign air carrier, and shall, in any event, City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

No travel is authorized under this Agreement.

No international travel is authorized under this Agreement.

27. RECYCLING CERTIFICATION
The Contractor shall comply with all applicable requirements of section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. section 6962), including the regulatory provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247.

28. SMALL BUSINESS/DISADVANTAGED BUSINESS ENTERPRISES
The Authority encourages the Contractor to utilize small business concerns owned and controlled by socially and economically disadvantaged individuals, also known as Disadvantaged Business Enterprises (DBE), in carrying out the Agreement. The Authority has established a Revised Small and Disadvantaged Business Enterprise (SB/DBE) Program for Professional Services Contracts, and an overall 30 percent goal for small business utilization, to include within the 30 percent goal, a ten percent goal for DBE and 3 percent Disabled Veteran Business Enterprise (DVBE) in the Authority’s contracting and procurement program. The SB/DBE Program is in compliance with the Best Practices of 49 C.F.R. Part 26, Executive Order S-02-06, Military and Veterans Code 999 and Title VI of the Civil Rights Act of 1964 and related statutes.

The Authority has established a 30 percent Small Business (SB) goal as described above. The Contractor is expected to make efforts to meet the goal and provide a SB Performance Plan on how the goal will be met throughout the duration of this Agreement. For more detailed information regarding what components should be in the SB Performance Plan see the Revised SB/DBE Program for Professional Services Contracts. The Authority’s SB/DBE Program requirements, including the SB Performance Plan expectations, SB utilization reporting, Substitution/Termination processes, Prompt Payment Provisions, Recognized SB Roster of Certifying Agencies, and other performance related factors, are included in the Authority’s Revised Small and Disadvantaged Business Enterprise Program for Professional Services Contracts – August 2012. The document is on the Authority’s Small Business web page:
www.hsr.ca.gov/business-opportunities/small-business-program/

The Contractor shall also comply with 41 C.F.R. Part 60, Best Practices of 49 C.F.R.

Part 26, Executive Order 11246 and Title VI of the Civil Rights Act of 1964 and related statutes.

City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

29. EXISTING INTERCITY RAIL
49 U.S.C. section 24405(d) requires any entity providing intercity passenger railroad transportation on an FRA-funded project to comply with certain requirements with respect to its employees and the employees of preexisting intercity rail passenger services. The Contractor shall comply with the applicable provision of 49 U.S.C. section 24405(d) to the extent it is or becomes a provider of intercity passenger railroad transportation. If it is not the operator or provider of the intercity passenger rail services benefitting from the Project funded under this Agreement, then it shall notify its selected operator of the requirements imposed by section 24405(d).

30. FLOOD HAZARDS
The Contractor agrees to comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. section 4012(a), with respect to any construction or acquisition Project.

31. PATENT RIGHTS
31 .1 If any invention, improvement, or discovery of the Contractor or any of its third party contractors is conceived or first actually reduced to practice in the course of or under this Project, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Contractor agrees to notify the Authority immediately and provide a detailed report. The rights and responsibilities of the FRA, third party contractors and the Authority with respect to such invention, improvement, or discovery will be determined in accordance with applicable Federal laws, regulations, policies, and any waiver thereof.
31 .2 If the Contractor secures a patent with respect to any invention, improvement, or discovery of the Contractor or any of its third party contractors conceived or first actually reduced to practice in the course of or under this Project, the Contractor agrees to grant the FRA a royalty-free, non-exclusive, and irrevocable license to use and authorize others to use the patented device or process for Federal Government purposes.
31 .3 The Contractor agrees to include the requirements of the “Patent Rights” section of this Agreement in its third party contracts for planning, research, development, or demonstration under this Project.
31 .4 “ Proprietary data” is data that the Contractor has identified in a satisfactory manner as being under the Contractor’s control prior to commencement of performance of this Agreement, and that the Contractor has reasonably demonstrated as being of a proprietary nature by reason of copyright, patent, or trade secret doctrines in full force and effect at the time when performance of this Agreement is commenced. The title to “proprietary data” shall remain with the Contractor throughout the term of this Agreement and thereafter.

City of Wasco – Ownership and Maintenance Agreement
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Exhibit F: Federal Terms And Conditions

31 .5 “ Generated data” is data that the Contractor has collected, collated, recorded, deduced, read out, or postulated for utilization in the performance of this Agreement. “Generated data,” as defined herein, shall not include data developed solely from preexisting or proprietary data owned by the Contractor prior to the execution of this Agreement. Any electronic data processing program, model, or software system developed or substantially modified by the Contractor in the performance of this Agreement at the Authority’s expense, together with complete documentation thereof, shall be treated in the same manner as “generated data.” “Generated data” shall by the property of the Authority, unless and only to the extent that it is specifically provided otherwise in this Agreement.

32. RIGHTS IN DATA AND COPYRIGHT

32.1 The term “subject data” used in this section means recorded information, whether or not copyrighted, that is developed, delivered, or specified to be delivered under this Agreement. The term includes, but it not limited to, graphic or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. The term does not include financial reports, cost analyses, and similar information incidental to Project administration.

32.2 The following restrictions apply to all subject data first produced in the performance of this Agreement:

1. Except for its own internal use, the Contractor may not publish or reproduce such data in whole or in part, or in any manner or form, nor may the Contractor authorize others to do so, without the written consent of the FRA.

2. As authorized by 49 C.F.R. section 1 8.34, or 49 C.F.R. section 1 9.36, as applicable, the FRA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes:
a. Any work developed under a grant, cooperative agreement, sub-grant, sub-agreement, or other third party contract, irrespective of whether or not a copyright has been obtained; and,
b. Any rights of copyright to which a Grantee, subgrantee, or a third party contractor purchases ownership with federal assistance.

32.3 The FRA may make available to any FRA Grantee, subgrantee, third party contractor, or third party subcontractor, either the FRA’s license in the copyright to the “subject data” derived under this Agreement or a copy of the “subject data” first produced under this Agreement. In the event that such a City of Wasco – Ownership and Maintenance Agreement
HSR 2x-xx

Exhibit F: Federal Terms And Conditions

Project which is the subject of this Agreement is not completed, for any reason whatsoever, all data developed under that Project shall become subject data as defined herein and shall be delivered as the FRA may direct.

32.4 To the extent permitted by State law, the Contractor agrees to indemnify, save and hold harmless the FRA, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use or disposition of any data furnished under this Agreement. The Contractor shall not be required to indemnify the FRA for any such liability arising out of the wrongful acts of employees or agents of the FRA.

32.5 The Contractor agrees to include the requirements of this section in its lower- tier subcontracts for planning, research, development, or demonstration under the Project.

33. SIGNAGE
The Contractor is strongly encouraged to post a sign at all fixed project locations at the most publicly accessible location and a plaque in all purchased or rehabilitated r ail cars announcing that the project or equipment was funded by the U.S. Department of Transportation, Federal Railroad Administration, with funds provided through the American Recovery and Reinvestment Act. The configuration of the signs or plaques will be consistent with guidance issued by the Office of Management and Budget and/or the Department of Transportation and approved by the FRA.

34. PROHIBITION OF TRAFFICKING IN PERSONS
The Contractor agrees that during the term of this Agreement, in accordance with section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. section 7104(g)), the Contractor and its employees, and its Subcontractors (of any tier), and all of their employees, shall not engage in severe forms of trafficking in persons, procure a commercial sex act, or use forced labor in the performance of this Agreement.

This provision must be included in all Subcontract agreements.

35. PROHIBITION OF TEXT MESSAGING WHILE DRIVING
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies that bar text messaging while driving company-owned, leased, or rented vehicles or privately-owned vehicles when performing work under this Agreement. See Executive Order 13513 “Federal Leadership on Reducing Text Messaging While Driving,” Oct. 1, 2009 (available at http://www.gpo.gov/fdsys/pkg/FR-2009-10-06/pdf/E9-24203.pdf) and DOT 3902.10 “Text Messaging While Driving,” Dec. 30, 2009, as implemented by Financial Assistance City of Wasco – Ownership and Maintenance Agreement
HSR 2x-xx

Exhibit F: Federal Terms And Conditions

Policy Letter (No. FAP-2019-01, Feb. 2, 2010, available at http://www.dot.gov/sites/dot.dev/files/docs/FAPL_2010-01.pdf.

F

S
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A
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AS PH
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FRESNO TO BAKERSFIELD

CALIFORNIA HIGH-SPEED TRAIN PROJECT
PATH:$FILEL$
PLOT DATE: $DATE$ $TIME$ FILE LAST SAVED DATE: $LASTSAVEDDATETIME$ PENTABLE: $PENTBLL$

BNSF ROW
B
N
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POSO AVE

CONCRETE WALL

CAST IN PLACE

PILE WALL

PILE WALL
ATTACHMENT 2

HSR ROW

BNSF STRUCTURE

CITY ROW

CITY ROW

F

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HSR STRUCTURE

WASCO AVE OVERCROSSING
J

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SECTION A
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CITY ROW

CITY ROW

CITY ROW

CITY ROW
GUTTER

CURB AND
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POSO AVENUE AND WASCO AVENUE OVERCROSSING
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FRESNO TO BAKERSFIELD

CALIFORNIA HIGH-SPEED TRAIN PROJECT
PATH:$FILEL$
PLOT DATE: $DATE$ $TIME$ FILE LAST SAVED DATE: $LASTSAVEDDATETIME$ PENTABLE: $PENTBLL$ S
15585
+
00 6TH STREET CLOSURE

HSR ROW
6TH STRE E T
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CITY ROW

BNS F ROW
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DEAD-END
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HST
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AT ROAD CLOUSURE

TYPICAL BARRIER
ATTACHMENT 3

CITY ROW
For informational purposes only, and subject to change.

FRESNO TO BAKERSFIELD

CALIFORNIA HIGH-SPEED TRAIN PROJECT
PATH:$FILEL$
PLOT DATE: $DATE$ $TIME$ FILE LAST SAVED DATE: $LASTSAVEDDATETIME$ PENTABLE: $PENTBLL$ 7TH STREET
A

TO BAKERSFIELD

PLAN VIEW

THIS SHT

ATTACHMENT 4

TO FRESNO

BNSF ROW

HSR ROW
HSR NB
HSR SB

HSR ROW

STATIONPUMP

G STREET

COW ROW

HSR ROW

HSR ROW

BNSF ROW

PEDESTRIAN RAMP

PEDESTRIAN RAMP
STAIRS
STAIRS

BNSF TRACK

PEDESTRIAN UNDERPASS

SIDEWALK

G STREET

HAND RAIL
ACCESS

AMTRAK PLATFORM

CROSS SECTION AMTRAK PEDESTRIAN UNDERPASS

BERM BERM

INTRUSION PROTECTION BARRIER

SIDEWALK

COW ROW

SUBDIVISION ORDINANCE
2018

CITY OF WASCO
764 E Street, Wasco, CA 93280

16.04.010--16.04.020
224 (Wasco #9, 11/11)
Title 16

SUBDIVISIONS
Chapters:

16.04 General Provisions

16.08 Definitions

16.12 Administration and Enforcement

16.16 Tentative Maps

16.20 Final and Parcel Maps

16.26 Vesting Tentative Maps

16.28 Design Standards

16.32 Improvements

16.36 Exceptions

16.40 Appeals

16.44 Storm Drainage Fees

16.46 Park Land Dedication

16.48 Violation--Penalty
Appendix A
Chapter 16.04

GENERAL PROVISIONS
Sections:

16.04.010 Title.

16.04.020 Purpose.

16.04.010 Title.

This title shall be known as the subdivision ordinance
of the city. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.04.020
Purpose.

This title is adopted to supplement and implement the
Subdivision Map Act of the state and shall apply to all sub- division within the city. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.010--16.08.020
224-1 (Wasco #9, 11/11)
Chapter 16.08

DEFINITIONS
Sections:

16.08.010 Generally.

16.08.020 Advisory agency.

16.08.030 Alley.

16.08.040 Appeals board.

16.08.050 Arterial street.

16.08.060 Block.

16.08.070 Collector street.

16.08.080 Commission.

16.08.090 Cul-de-sac street.

16.08.100 Designated city official.

16.08.110 Distribution line.

16.08.120 Frontage street or frontage road.

16.08.130 Legislative body.

16.08.140 Local street.

16.08.150 Lot.

16.08.155 Improvement.

16.08.157 Project area.

16.08.160 Sidewalk.

16.08.170 Standards.

16.08.180 Stubbed street.

16.08.190 Subdivision Map Act or Map Act.

16.08.200 Subdivision Map Act terms.

16.08.210 Transmission line.

16.08.220 Working day.

16.08.010
Generally.

The words and phrases in this chapter shall have the
meanings respectively ascribed to them in Sections 16.08.020 through 16.08.220. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.020
Advisory agency.
"Advisory agency" means the planning commission of the
city. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.030--16.08.090
224-2 (Wasco #9, 11/11)

16.08.030 Alley.
"Alley" means a public way permanently reserved prima-
rily for vehicular service access to the rear or side of properties otherwise abutting on a street. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.040 Appeals board.
"Appeals board" means the city council of the city.
(Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.050
Arterial street.
"Arterial street" means a street designated as an arte- rial street in the general plan which, because of its design and location with respect to other streets and other sources of traffic, is used or designed to carry relatively heavy volumes of traffic through an urban area or between urban areas, which serves as approach to a highway or freeway. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.060
Block.
"Block" means the distance, measured along a street cen- terline between the centerlines of intersecting streets, between the centerline of an intersecting street and a rail- road right-of-way, or between the centerline of an intersect- ing street and the end of said street. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.070
Collector street.
"Collector street" means a street designated as a col-
lector street in the general plan which, because of its loca- tion with respect to other streets and other sources of traffic, is used or designed to carry moderately heavy vol- umes of traffic between portions of urban areas or between arterial streets. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.080
Commission.
"Commission" means the planning commission of the city. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.090
Cul-de-sac street.
"Cul-de-sac street" means a street having only one outlet for vehicular traffic and which is not intended to be
extended or continued to serve future development on adjacent lands. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.100--16.08.155
224-3 (Wasco #9, 11/11)

16.08.100 Designated city official.
"Designated city official" means any employee or other
representative of the city appointed by ordinance, resolu- tion, or minute order of the city council who is qualified in accordance with state and city statutes to perform the specific functions as set forth in this title. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.110
Distribution line.
"Distribution line" means an electrical power line of
twenty kV or less which is located on the project site. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.120 Frontage street or frontage road.
"Frontage street" or "frontage road" means a local street which is parallel to and adjacent to an arterial street or collector street and which provides access to abutting prop- erties while relieving them of the effects of heavy volumes of fast through traffic. (Ord. 617 §2 (Exh. A (part)), 2011:

Ord. 474 (part), 2002).

16.08.130
Legislative body.
"Legislative body" means the city council of the city.
(Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.140
Local street.
"Local street" means a street which, because of its
design and location with respect to other streets, is used primarily for access to the abutting properties. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.150
Lot.
"Lot" means a parcel or subdivided land under one owner- ship used, or susceptible to being used, in accordance with the provisions of this title and in accordance with the zon- ing regulations applicable to the district in which the par- cel is located. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.155
Improvement.
"Improvement" refers to any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, high- ways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and the local neigh- borhood traffic and drainage needs, as a condition precedent

16.08.157--16.08.200
224-4 (Wasco #9, 11/11)
to the approval and acceptance of the final map thereof. "Improvement" also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by the public agencies, by the private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary to ensure consis- tency with, or implementation of, the general plan or any applicable specific plan. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.157
Project area.
"Project area" shall refer to the entire site being
developed or proposed to be developed including all property to the centerline of all adjacent streets. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.160
Sidewalk.
"Sidewalk" means a way designed for use by pedestrians, which is located within a street right-of-way. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.170 Standards.
"Standards" means standard drawings, specifications, and design criteria for the design and construction of public improvements in the city as adopted by the city council. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.180 Stubbed street.
"Stubbed street" means a street having only one outlet
for vehicular traffic and which is intended to be extended or continued to serve future development on adjacent lands. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.190 Subdivision Map Act or Map Act.
"Subdivision Map Act" or "Map Act" means the Subdivision Map Act of the state, being Division 2 of Title 7 (commencing with Section 66410) of the Government Code. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.200 Subdivision Map Act terms.

All terms, unless defined in this chapter, which are
defined in the Subdivision Map Act shall have the same mean- ing as ascribed thereto in said act and as said act may here- after be amended. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.210--16.12.020
224-5 (Wasco #9, 11/11)

16.08.210 Transmission line.
"Transmission line" means an electrical power line which is in excess of twenty kV and is located on the project site. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.08.220 Working day.
"Working day" means a day in which City Hall is open and doing business with the public. (Ord. 617 §2 (Exh. A
(part)), 2011).

Chapter 16.12

ADMINISTRATION AND ENFORCEMENT
Sections:

16.12.010 Commission responsibility.

16.12.020 Executive secretary.

16.12.030 Tentative, final and parcel maps required.

16.12.040 Waiver of parcel map.

16.12.050 Limitations on issuance of permits.

16.12.060 Unlawfulness of certain transactions.

16.12.070 Voidability of certain transactions.

16.12.080 Severability.

16.12.010
Commission responsibility.

The planning commission shall constitute the advisory
agency and is authorized to approve, conditionally approve, or disapprove tentative maps. In addition to all other responsibilities assigned to the advisory agency by the Map Act, the agency is assigned the responsibilities referred to in the Map Act and all other responsibilities set forth in this title. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.12.020
Executive secretary.

The community development director is designated as the executive secretary to the advisory agency with the authority to receive preliminary and tentative maps of proposed subdi- visions according to the Subdivision Map Act. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.12.030--16.12.040
224-6 (Wasco #9, 11/11)

16.12.030 Tentative, final and parcel maps required.

A tentative, final and parcel map shall be required for all subdivisions of land authorized or required by the Sub- division Map Act. Any division of lands not subject to a parcel map or final map procedure by the provisions of the Subdivision Map Act shall be exempt from the provisions of this title. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.12.040
Waiver of parcel map.

A. Pursuant to Section 66428 of the Map Act, the plan-
ning commission may waive the requirements of a parcel map imposed by Section 66426 of said act. The community devel- opment director may also waive the requirements of a parcel map for the minor adjustment of property lines (lot line adjustments) between two or more adjacent parcels which do not create an additional parcel.

B. The planning commission shall not approve the waiver of the parcel map unless it makes the following findings:

1. The proposed division is in compliance with all
requirements of the zoning ordinance;

2. That all improvements for the proposed division
of land have been completed in accordance with the require- ments for a final map as set forth in Chapter 16.32 excluding survey markers and/or monuments which must be bonded or paid for before planning commission approval;

3. The proposed division of land is in compliance
with all requirements imposed by the California Environmen- tal Quality Act (CEQA) of 1970 and the city CEQA guidelines;

4. That no additional dedications for the purpose
of public facilities or improvements are necessary for the public safety and welfare;

5. The proposed division of land is in conformance
with the general plan;

6. Modified deeds of trust have been reviewed and
approved by the city of Wasco.

C. The community development director may approve a lot line adjustment after responsible agency consultation with the following findings:

1. The proposed division is in compliance with all
requirements of the zoning ordinance;

2. The proposed division of land is in compliance
with the Subdivision Map Act and all the requirements imposed by the California Environmental Quality Act (CEQA) of 1970 and the city CEQA guidelines;

16.12.050--16.12.060
224-7 (Wasco #9, 11/11)

3. The proposed division of land is in conformance
with the general plan;

4. Upon making these findings, the community devel-
opment director shall issue a certificate of compliance for recording in accordance with Section 66499.35 of the Map Act.

D. A tentative map subject to the requirements of this
title or other additional information deemed necessary by the commission for waiver consideration may be required with the request for waiver. In addition, a preliminary title report in accordance with Section 16.16.050(B) will be required.

Fees for filing, checking, and processing the waiver and cer- tificate of compliance shall be in the amount prescribed by resolution of the city council. (Ord. 617 §2 (Exh. A
(part)), 2011: Ord. 474 (part), 2002).

16.12.050
Limitations on issuance of permits.

A. No permit shall be granted for the construction,
installation or placement of any building for sale, lease, or financing on any lot or parcel for which a final map or parcel map is required by this chapter until such map
thereof, in full compliance with the provisions of this title and the Map Act, has been filed for record by the county recorder.

B. No permit shall be granted for the construction,
installation or placement of any building for sale, lease, or financing on any lot or parcel for which a final map or parcel map is required by this chapter until such time that all required releases, licenses, forms and acknowledgements, as may be required by the city manager or other designated city official, have been submitted in a form to the satis- faction of the city.

C. No final certificate of occupancy shall be granted
for any building for which a final map or parcel map is required by this chapter until such time that all required improvements have been completed and accepted by the city council.

D. Any permit or certificate of occupancy issued con-
trary to the provisions of this section shall be void. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 612 §2 (Exh. A (part)), 2010: Ord. 474 (part), 2002).

16.12.060
Unlawfulness of certain transactions.

It is unlawful to offer to sell or lease, to contract to sell or lease, to sell or lease, to finance any lot or parcel of real property or commence construction of any building for sale or lease or financing thereon except for model homes for

16.12.070--16.12.080
224-8 (Wasco #9, 11/11)
which a final map or parcel map is required by this title until such map thereof, in full compliance with the provi- sions of this title and the Map Act, has been filed for record with the county recorder. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.12.070
Voidability of certain transactions.

Any deed of conveyance, sale or contract to sell real
property which has been divided, or which has resulted from a division, in violation of the provisions of the Map Act or this title, is voidable to the extent and in the same manner provided in Section 66499.32 of the Map Act. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.12.080
Severability.

If any section, subsection, paragraph, sentence, clause, or phrase of this title is, for any reason, held to be uncon- stitutional or invalid, such decision shall not be deemed to affect the validity of the remaining portions of this chap- ter, which remaining portions the city council declares it would have adopted, notwithstanding. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

Chapter 16.16

TENTATIVE MAPS
Sections:

16.16.010 Preparation and processing procedure
requirements.

16.16.020 Form.

16.16.030 Information required.

16.16.040 Preliminary review.

16.16.050 Filing.

16.16.060 Environmental review.

16.16.070 Transmittal to public agencies and
utilities.

16.16.080 Report and recommendations of community
development director--Service on
subdivider.

16.16.090 Public hearing.

16.16.100 Commission review of tentative map.

16.16.110 Commission action of tentative map.

16.16.120 Expiration of maps and extensions.

16.16.010--16.16.030
224-9 (Wasco #9, 11/11)
Sections: (Continued)

16.16.130 Modifications or revisions of maps.

16.16.140 Fees.

16.16.010 Preparation and processing procedure
requirements.

The tentative map for which approval is sought for any
subdivision which requires a final or parcel map shall be prepared and processed in accordance with the provisions of the Map Act and this title. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.16.020
Form.

Tentative map shall be clearly and legibly drawn on one or more eighteen-by-twenty-six-inch sheets at a scale of not less than one hundred feet to the inch. If more than one sheet is required, the total number of sheets comprising the tentative map shall be stated on each of the sheets, and its relationship to each adjoining sheet shall be clearly shown. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.16.030
Information required.

A. Each tentative map shall contain the following
information:

1. Number of proposed subdivision as secured from
the county planning department proceeded by the word "tenta- tive" and date of preparation;

2. Name and address of record owner or owners;

3. Name and address of registered engineer or land
surveyor preparing the map and his registration number;

4. The name and address of the subdivider;

5. Sufficient description to define the location
and boundaries of the proposed subdivision and its relation to existing, adjacent subdivision maps, north point, scale and approximate acreage;

6. The name, location and width of adjacent streets
and alleys; and the location of buildings and other improve- ments within fifty feet of the boundary of the proposed sub- division;

7. The location, names and width of proposed
streets and alleys within the boundary of the proposed sub- division;

8. The boundary of the proposed subdivision as
delineated by a colored border;

16.16.030
224-10 (Wasco #9, 11/11)

9. Lot or parcel layout and dimension and square
footage of each lot or parcel; with the square footage of each lot or parcel noted in the lot;

10. Lots or parcels shall be numbered consecutively;

11. Topographic contours (one-foot minimum contour
interval);

12. Proposed direction of drainage flow in streets
and alleys;

13. Boundaries of areas subject to inundation or
stormwater overflow and the locations, width and direction of flow of all watercourses, drainage channels and existing drainage structures;

14. All physical structures including, but not lim-
ited to, buildings, trees, fences, curb and gutter, side- walks, power poles, etc., shall be shown on the property being subdivided; such structure shall be dimensioned and accurately located by dimension in relation to lot or parcel lines or boundary lines of the proposed subdivision;

15. The existing use of all buildings located on the
proposed subdivision or other uses of property;

16. Zoning district proposed subdivision lies
within;

17. Land use designation as shown on land use ele-
ment of the general plan;

18. Assessor’s parcel number;

19. Proposed method of water supply;

20. Proposed method of sewage and sewage disposal;

21. Proposed public areas, if any;

22. Proposed method of storm drainage disposal for
each phase; and drainage calculations to support the proposed method of disposal;

23. Location of street lights and fire hydrants to
be installed;

24. The width and location of all existing and pro-
posed public or private easements;

25. The location, size, and description of any
underground facilities such as wells, pipelines, telephone lines, septic tanks, etc.;

26. Radius of each curve;

27. Statement of improvements and utilities pro-
posed to be made or installed;

28. Show all dedications and irrevocable offers of
dedication on the tentative map or to be made by separate instrument;

29. A typical cross section on each side of the
project that abuts a public street starting from a point fif-

16.16.040--16.16.050
224-11 (Wasco #9, 11/11)
teen feet inside the rear property line and ending fifteen feet on the street side from the edge of curb. The location of any proposed perimeter wall, any planting area and side- walk area adjacent to the perimeter wall, curb and gutter, and bicycle paths shall be shown on the cross section. Addi- tional cross sections may be required depending on the pres- ence of any physical feature that may be located adjacent to the project.

B. Other Requirements. Some of the information speci-
fied in subsection A of this section may not practically be shown on the map and shall be contained in a statement accom- panying the tentative map. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 521 §1 (Exh. A (part)), 2006; Ord. 474 (part), 2002).

16.16.040
Preliminary review.

Prior to the filing of a tentative map, the subdivider
or his authorized representative shall file with the commu- nity development director five copies of the tentative map and one copy of the preliminary title report. The community development director shall review the proposed subdivision for conformity with the Map Act and this title. The director shall confer with city staff as necessary to make such
determinations. Within ten working days of receipt, the com- munity development director shall complete the preliminary review and in writing notify the subdivider of any necessary corrections or modifications. The subdivider may, at his option, request a conference with the community development director for clarification of any determination made by the community development director and/or staff in preliminary review. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.16.050
Filing.

Each subdivider or his authorized representative shall
file or cause to be filed with the community development director at the City Hall, Wasco, California, the required documents as follows:

A. Thirty full size copies and one eight-and-one-half-
inch by eleven-inch reduced copy of the tentative map;
B. Two copies of the preliminary title report no more
than sixty days old;
C. Two copies of a preliminary soils report; a prelim-
inary soils report shall be required for all tentative maps which require a final map; a preliminary soils report may be

16.16.060--16.16.070
224-12 (Wasco #9, 11/11)
required as a condition of approval for a tentative map which requires a parcel map; in any case, such report shall be pre- pared in accordance with the Map Act requirements;
D. Any other required or pertinent information not
shown on the map or elsewhere;
E. A letter of transmittal specifying all documents
above in this section. (Ord. 617 §2 (Exh. A (part)), 2011:

Ord. 474 (part), 2002).

16.16.060
Environmental review.

When divisions of land are subject to the environmental review process in accordance with the California Environmen- tal Quality Act (CEQA) of 1970, Public Resources Code Section 2100 et seq., and the city CEQA guidelines, the community development director shall complete the process within the time limits set forth in Section 66452.1 of the Map Act for action or tentative maps may be extended to coincide with environmental review process. Tentative map and environmen- tal review shall be processed concurrently to assure minimum time delay. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.16.070
Transmittal to public agencies and utilities.

A. Within five working days after reviewing tentative
map and other required documents, the community development director shall transmit the tentative map to each of the fol- lowing:

1. City of Wasco building department;

2. Kern County fire department;

3. Office of Intergovernmental Management when
required under Section 12037 of the Government Code;

4. City of Wasco public works department;

5. Southern California Gas Company;

6. Pacific Gas and Electric Company;

7. Pacific Bell Telephone Company;

8. Warner Cable Television Company;

9. Other public agencies or utilities as affected
by the subdivision;

10. School districts affected by the subdivision.

B. Such entities may review the tentative map and
transmit any comments, recommendations, or requirements thereon to the community development director, who shall incorporate them into his report and recommendations to the commission. Should no comments be received by the community development director within the time set forth in the Map

16.16.080--16.16.100
224-13 (Wasco #9, 11/11)
Act, it shall be presumed that the tentative map is approved by the entities as submitted. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.16.080
Report and recommendations of community develop-
ment director--Service on subdivider.

The community development director shall prepare a
report and recommendations which will include all comments received on the tentative map, a copy of which will be served on the subdivider three calendar days prior to any action on the tentative map by the commission. Service may be person- ally or by mail. Service shall be deemed complete two days after depositing such report and recommendations in the U.S. mail. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.16.090
Public hearing.

Pursuant to Section 66451.3 of the Map Act, a public
hearing shall be held for all proposed divisions of land which require a parcel or final map. In addition to pub- lished notice prescribed by Section 66451.3, all property owners as shown on the city’s last equalized assessment roll within three hundred feet of the proposed subdivision shall be given notice of such hearing by direct mail. Public hear- ing shall be held before any commission action on tentative map. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.16.100
Commission review of tentative map.

The commission shall review the tentative map consider- ing the following:

A. Environmental findings;
B. Project’s consistency with the city of Wasco general plan and any applicable community plan and/or specific plan; C. All applicable provisions of this title;
D. All applicable provisions of the Map Act;
E. All applicable provisions of the zoning ordinance;
F. Planned unit developments. Where, in accordance
with the provisions of the zoning ordinance, and any appli- cable combining districts, a planned unit development has been approved subject to the approval of a tentative map, the commission shall find that the tentative map conforms to such plans;
G. Report and recommendation of the community develop-
ment director;

16.16.110--16.16.120
224-14 (Wasco #9, 11/11)
H. Comments received by the public in conjunction with
the required public hearing. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 521 §1 (Exh. A (part)), 2006; Ord. 474 (part), 2002).

16.16.110 Commission action of tentative map.

A. The planning commission shall approve, disapprove,
or approve with conditions the tentative map and report its action in writing to the subdivider and city engineer within one calendar week after the date of decision.

B. At the same time the commission shall designate the
improvements which will be required under the provisions of this title, the dedications, and irrevocable offers of ded- ication and the form thereof, which will be required under the provisions of this title and shall designate any other requirements lawfully authorized to be made.

C. At the discretion of the planning commission, areas
of real property within the subdivision may be reserved for future need for schools, fire stations, libraries, recre- ational facilities, or other public uses, pursuant to the applicable provisions of the Subdivision Map Act as a condi- tion of approval of the tentative map.

D. The decision of the commission shall be final, sub-
ject to appeal by the subdivider or any other interested per- sons as provided in this title and the Map Act.

E. Nothing contained herein shall be construed to pro-
hibit the filing of different tentative maps for the same property regardless of whether the first one has been
approved, provided when such subsequent map is filed, the first on file is deemed completely rescinded and of no fur- ther force or effect. Optional tentative maps may be filed at the same time but action of commission shall be related only to one such map. (Ord. 617 §2 (Exh. A (part)), 2011:

Ord. 474 (part), 2002).

16.16.120
Expiration of maps and extensions.

The approval or conditional approval of a tentative map shall expire in accordance with Subdivision Map Act
requirements. Extensions of the tentative or conditional approval shall be in accordance with the provisions of the Map Act. In granting an extension, the planning commission may impose new or revise existing conditions of approval. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.16.130--16.20.010
224-15 (Wasco #9, 11/11)

16.16.130 Modifications or revisions of maps.

The modification or revision of an approved tentative map shall not extend the time limits imposed by the Map Act and this title. The planning commission may impose new and revise existing conditions of approval. (Ord. 617 §2 (Exh.

A (part)), 2011: Ord. 474 (part), 2002).

16.16.140
Fees.

Fees for environmental review and tentative map process- ing, appeals, requested extensions of time for tentative maps, and requests for modifications of an approved tentative map as described in this title shall be in the amount pre- scribed by resolution of the city council. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

Chapter 16.20

FINAL AND PARCEL MAPS
Sections:

16.20.010 Filing with the city.

16.20.020 Map processing fees.

16.20.050 Size, format and materials of the map.

16.20.060 Form and content of map.

16.20.065 Reversion to acreage--Title sheet
information.

16.20.070 Approval of the city engineer.

16.20.080 Action by the city council.

16.20.090 Taxes and assessments.

16.20.100 Improvement security and agreement.

16.20.110 Cash payment for drainage fees.

16.20.120 Subdivision guarantee.

16.20.130 Transmittal to county.

16.20.140 Subdivision improvement security.

16.20.010
Filing with the city.

Any time after the approval or conditional approval of
the tentative subdivision map and prior to the expiration thereof the subdivider may file with the city engineer, or designated city official, the original and three prints of the final or parcel map completed in accordance with the Sub- division Map Act and this title. Such map shall be accompa- nied by:

16.20.010
224-16 (Wasco #9, 11/11)
A. One eight-and-one-half-inch by eleven-inch reduced
copy of the map;
B. Two eighteen-inch by twenty-four-inch bond copies of the map;
C. Three AutoCAD (or compatible) on three separate
readable CDs or three e-mail copies of the map shall be pro- vided to the city. This data is for government use and is not available to the general public in electronic format; D. Five complete sets of improvement plans, (if neces-
sary) including utility composites;
E. Current engineer’s estimate (estimated cost of all
improvements);
F. Preliminary title report dated within thirty days of map submittal issued by a title insurance company with
offices in the county in the name of the owner of the land, issued to or for the benefit and protection of the city, showing all parties whose consent is necessary and their interest therein, except where the land included in such sub- division is registered under the Land Registration Act; if the land is so registered, a copy of the certificate of title shall be furnished, certified;
G. Mathematical traverses, in a form acceptable to the
city engineer, of the boundary of the division of land, block boundaries, not-a-part areas, centerline loops, each lot and parcel shown on the map, and all closures used in computing the distances, angles, and courses with ties to existing and proposed monuments. Closures shall be within the allowable limits specified in this title;
H. Other documents and design calculations as may be
required or referenced on the map;
I. Two copies of the proposed deed restriction, if
applicable;
J. Fee(s) for checking and processing the map and
related documents as set forth in this title;
K. Complete copies of all deeds, recorded easements,
and other maps referenced on the map or required for the interpretation of deeds referenced on the map;
L. Complete copies of all field-book pages referenced
on the map;
M. A print of the most recent Assessor Map Book page or pages covering the proposed division of land (if needed); N. A preliminary soils report. (Ord. 617 §2 (Exh. A
(part)), 2011: Ord. 474 (part), 2002).

16.20.020--16.20.060
224-17 (Wasco #9, 11/11)

16.20.020 Map processing fees.

A. Where the city engineer processes a final or parcel
map under the provisions of the Subdivision Map Act, the sub- divider shall pay a map processing fee to the city engineer in addition to all other fees and charges required by law.

This fee, payable upon submission of the map, or a print thereof, for review by the city engineer or determination of compliance with Section 66492 of the Subdivision Map Act by the city, shall be the total of the following applicable fees:

Fees for checking and processing maps, improvement plans and related documents shall be in the amount prescribed by resolution of the city council.

If any deposit made is less than sufficient to pay all
of the costs of plan checking inspection, the subdivider, upon demand of the city engineer, shall pay to the officer making the demand an amount equal to the deficiency. If the subdivider fails or refuses to pay such deficiency upon demand, the city may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full the improvement shall be considered uncompleted.

B. Where the city engineer is required to check street
improvement plans for a parcel or final map under the provi- sions of the Subdivision Map Act, the subdivider shall pay a plan checking fee to the city in addition to all other fees and charges required by law. These fees, payable upon com- pletion of the plans for checking by the city engineer, shall be based on estimated construction costs and number of resub- mittals, and are based on the fee schedule as approved by resolution of the city council.

C. Recording fees and mileage of the officer making the recording shall be paid by the subdivider. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.20.050
Size, format and materials of the map.

The map which is filed shall be in full accord with the Subdivision Map Act. (Ord. 617 §2 (Exh. A (part)), 2011:

Ord. 474 (part), 2002).

16.20.060 Form and content of map.

A. General. The map shall be accurately and legibly
drawn in a professional manner in keeping with standard engi- neering practices. The map shall be prepared in conformance with the Map Act. Scale shall not be less than one hundred

16.20.060
224-18 (Wasco #9, 11/11)
feet to the inch. When the commission has waived improve- ments in accordance with Section 16.32.030, the following certificate shall be ascribed on the map:

Pursuant to Section 66411.1 of the Subdivision Map
Act, all improvements have been waived. Notice is
hereby given that no building permit shall be is-
sued until such time as improvements are completed
in accordance with Chapter 16.32 of the Wasco Mu-
nicipal Code.

B. When more than three sheets are used an index shall
show the entire subdivision.

1. The title sheet of each map shall contain a
title consisting of the words "Tract No." and the number of the division of land on a final map, or the words "Parcel Map No." and the number of division of land on a parcel map; also the words "in the City of Wasco"; also, except as provided in the section of this chapter, a subtitle consisting of a description of all the property being divided, by reference to such map or maps of the property shown thereon, as shall have been previously filed or recorded in the office of the county recorder or shall have been previously filed with the city clerk pursuant to a final judgment in an action in par- tition, or shall have been previously filed in the office of the county recorder under authority of Division 3 of Title 7 of the Government Code or by reference to the plat of any United States survey. When necessary for greater clarity or definiteness, supplemental reference may be made to any other map on file in the office of the county recorder.

2. Each reference, in such description, to any
division of land shall be spelled out and worded identically with the original record thereof, and must show a complete reference to a book and page of records of the county.

3. Upon such title sheet the certificate of the
surveyor or engineer referred to in Section 66449 or 66441 of the Subdivision Map Act shall appear. Also upon such title sheet, or upon at least one map sheet, shall appear the basis of bearings, marking reference to a recorded subdivi- sion map, county surveyor’s map or other record acceptable to the city engineer, or to a solar or polaris observation.

4. Pursuant to Sections 66434 and 66445 of the Sub-
division Map Act, certificates, affidavits and acknowledg- ments may be legibly stamped or printed upon the title sheet of the final map or parcel map with opaque ink. All stamped or written matter, including signatures, shall be so made

16.20.060
224-19 (Wasco #9, 11/11)
with opaque ink that legible blue-line prints may be obtained therefrom.

C. The names without abbreviations of all:

1. Proposed streets;

2. Adjoining streets;

3. Proposed public areas;

4. Adjacent tracts, records of survey or parcel
maps.

D. North Arrow and Scale.

1. North arrow and graphic scale used shall be
shown on each sheet except the title sheet. The graphic scale used shall not be less than one hundred feet to the inch.

2. The map on each sheet and the lettering thereon
shall be so oriented that, with the North point direction away from the reader, the map may be read most conveniently from the bottom or lower right corner of such sheet, the binding edge to be at the left and lengthwise of the sheet, keeping in mind that the sheets are always on the right page of the map book, the left page being always blank.

3. Each sheet of a final map or parcel map, except-
ing the title sheet or sheets thereof, shall bear the main title of the map, the scale of the map, North point and street number together with a designation of the relation, if any, between each sheet and each other sheet thereof.

4. Additional information which does not affect
record title interests shall be placed on a separate document or additional map sheet which shall indicate that it is for informational purposes and is not intended to affect record title interests. Such additional information may include, without limitation, building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping and archaeological sites. The final or parcel map shall contain a notation of reference to the separate document or addi- tional map sheet.

E. Lot Data.

1. All lots shall be numbered consecutively begin-
ning with the number one with no omissions or duplications; provided, however, where the subdivision is a continuation of or an addition to an existing subdivision being the same tract number, the lot number shall commence with the number immediately following the last highest number of the existing subdivision and in all other respects conform to the proceed- ing requirements. Each lot shall be shown entirely on one sheet. No block numbers shall be used. The dimension of each lot shall be used. Lots shall show net acreage to the nearest

16.20.060
224-20 (Wasco #9, 11/11)
hundredth or net square footage to the nearest square foot.

The last lot number shall be circled.

F. Survey Data.

1. All survey data shown on the map shall be deter-
mined by a field survey made in accordance with standard practices and principles for land surveying.

2. A traverse of the boundaries of the tract and
all blocks must close within a limit of error not to exceed one foot in twenty thousand feet. A traverse of the interior lots of the tract must close within a limit of error not to exceed one foot in ten thousand feet.

3. The bearing and length of each lot line, block
line and boundary line shall be shown on the final map or parcel map; provided, that when bearings and lengths of lot lines in any series of lots are the same, either the bearings or lengths may be omitted from each interior parallel lot line of such series. Each required bearing and length shall be shown in full, and no ditto mark or other designation of repetition shall be used. Bearings shall be shown to the nearest second and distances shall be shown to the nearest one-hundredth of a foot.

4. Each map shall use the California Coordinate
system for its "basis of bearings" and shall express all mea- sured and calculated bearing values in terms of said system.

The angle of grid divergence from a true meridian (theta or mapping angle) and the North point of said map shall appear on each sheet thereof. Establishment of said basis of bear- ings may be by use of existing horizontal control stations or astronomic observations.

5. The length, radius and total central angle or
bearings of terminal radii of each curve and the bearing of each radial line to each lot corner on each curve, or the central angle of each segment within each lot, shall be shown thereon.

6. Upon each lot containing an area of three-
fourths of an acre or more shall be designated the acreage of such lot shown to the nearest one-hundredth of an acre.

7. Upon the final map or parcel map shall be shown
on each city boundary line crossing or adjoining the division of land, and such line shall be clearly designated and tied in.

8. There shall be shown upon each final map or par-
cel map the centerline of each highway, street or way, the total width thereof, the width of that portion, if any, to be dedicated and, in the case of any existing highways, streets or ways, the width thereof, and the width of each

16.20.060
224-21 (Wasco #9, 11/11)
highway, street or way on each side of the centerline
thereof. On each such centerline shall be shown the bearing and length of each tangent and radius, central angle and length of each curve.

9. The final map or parcel map shall show the width
of each railroad right-of-way, flood control or drainage easement and each other easement appearing on such map, whether previously of record or offered for dedication on such map.

G. Flood and Geological Hazards.

1. If any portion of a lot or parcel of a division
of land is subject to flood hazard, inundation or geological hazard, such fact and portion shall be clearly shown on a separate document or additional map sheet. A dedication of building-restriction rights over the flood hazard, inunda- tion or geological hazard area may be required.

2. In the event that a dedication of right-of-way
for storm drainage purposes is not required, the location of any watercourse, channel, stream or creek, flood hazard area or floodway shall be shown on a separate document or addi- tional map sheet to the satisfaction of the city engineer.

H. Monuments.

1. The map shall clearly describe and show the
locations of stakes, monuments or other evidence found on the ground to determine the boundaries of the tract. The map shall identify and show the locations of all new monuments as required by Section 16.32.230.

I. Record of Easements.

1. The map shall show the location, width, and side
lines of all easements to which the lots are subject. If an existing easement is not definitely located of record, a statement as to the easement shall appear on the title
sheet. Public utility easements for storm drains, sewers, utilities, and other purposes shall be denoted by broken lines. Distance and bearings on the side lines of the lots which are cut by an easement shall be shown as to indicate clearly the actual lengths of the lot lines. The width of the easement shall be clearly labeled and identified, and, if already of record, proper reference to the records shall be given. Easements being dedicated shall be so indicated in the certificate of dedication.

J. Dedications.

1. All streets, alleys, access rights, drainage
easements, public utility easements, and other easements and parcels of land shown on the map as intended for public use shall be offered for dedication for public use in accordance

16.20.065--16.20.070
224-22 (Wasco #9, 11/11)
with the Subdivision Map Act and shall be properly set out in the owner’s certificate of dedication on the map.

K. Reservations.

1. All property reserved for schools, fire sta-
tions, libraries, recreation facilities or other public uses shall be shown on the map.

L. Certificates.

1. In addition to the certificates required by the
Subdivision Map Act a certificate by the community develop- ment director shall be required on the map as follows:

I hereby certify that this map substantially con-
forms to the tentative map as conditionally ap-
proved by the Planning Commission on
_____________, 20_____.
_______________________________________
Community Development Director Date
City of Wasco
(Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.20.065
Reversion to acreage--Title sheet information.

A. Upon the title sheet of each map filed for the pur-
pose of reverting subdivided land to acreage, the subtitle shall consist of the words "A Reversion of Acreage of..." (insert a legal description of the land being reverted).

B. A parcel map may be used to revert to acreage land
previously subdivided and consisting of four or less contig- uous parcels under the same ownership. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.20.070
Approval of the city engineer.

A. The city engineer shall examine all the documents as to conformity with the tentative map, as to the sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations, and such other mat- ters as require checking to ensure compliance with the pro- visions of the Subdivision Map Act and of this title.

B. Within twenty working days after date of receipt of
the map, the city engineer shall either approve or return one copy of the map, improvement plans or other documents to the subdivider or his engineer showing the necessary
corrections. On subsequent resubmittals to the city engi- neer, the subdivider shall submit corrected documents and

16.20.080--16.20.110
224-23 (Wasco #9, 11/11)
plans in duplicate. The city engineer shall respond within ten working days approving or showing required corrections.

At such time as the map, improvement plans, and other
required documents are found to be in correct form and the matters shown thereon are sufficient, the city engineer shall endorse his approval thereon and transmit it to the city council for approval. (Ord. 617 §2 (Exh. A (part)), 2011:

Ord. 474 (part), 2002).

16.20.080
Action by the city council.

Within the time limits set forth in the Map Act, the city council shall approve the map if it conforms to all the requirements of this title and the Map Act applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or, if it does not so con- form, disapprove the map. If the city council does not approve or disapprove the map within the time prescribed in the Map Act, or any authorized extension thereof, and the map conforms to all the requirements and rulings, it shall be deemed approved, and the clerk of the city council shall cer- tify its approval thereon. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.20.090
Taxes and assessments.

Prior to the filing of the map with the city council, the owner or subdivider shall file such certificates and such security and make sure payments as are required by Sections 66492, 66493 and 66494 of the Map Act shall comply fully with such provisions of law. (Ord. 617 §2 (Exh. A (part)), 2011:

Ord. 474 (part), 2002).

16.20.100
Improvement security and agreement.

A. The city council, as a condition precedent to the
approval of the final map, shall require the subdivider to enter into a subdivision improvement completion agreement upon mutually agreeable terms to thereafter complete such improvements at the subdivider’s expense.

B. The city shall require that performance of such
agreement be guaranteed by the security in accordance with Sections 16.32.260, 16.32.270 and 16.32.280. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.20.110
Cash payment for drainage fees.

Prior to filing of the map, the subdivider shall make a cash payment for fees as provided for in Chapter 16.44. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.20.120--16.20.140
224-24 (Wasco #9, 11/11)

16.20.120 Subdivision guarantee.

Before recording of the map, the subdivider shall obtain a dated subdivision guarantee from a company authorized to issue title insurance which shall guarantee the county and the city in a designated sum that, according to public
records of matters affecting the title to the land contained in the subdivision, the only parties having any record title interest in the land whose signatures are necessary under the Map Act on the certificates consenting to the recordation of the map of the land and offering for dedication any streets, roads, avenues, and other easements offered for dedication of the map are as stated in the subdivision guarantee. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.20.130
Transmittal to county.

When the subdivider has filed the subdivision improve-
ment agreement and bond or other security with the city clerk and has made the deposits and cost payments required by the provisions of this title and the Subdivision Map Act and when such agreement, deposits, and/or security has been approved by the city attorney as to form and by the city engineer as to sufficiency, the map shall be transmitted by the city clerk of the county board of supervisors for ultimate trans- mittal to the county recorder. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.20.140
Subdivision improvement security.

Upon the furnishing by the contractor of the faithful
performance and labor and material bonds required as part of an assessment proceedings, the improvement security of the subdivision may be reduced by an amount corresponding to the amount of such bonds so furnished by the contractor con- structing/installing the improvements. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

Chapter 16.26
VESTING TENTATIVE MAPS*
Sections:

16.26.010 Authority.

16.26.020 Purpose and intent.

16.26.030 Consistency with zoning and general plan.

16.26.040 Application.

16.26.010--16.26.030
224-25 (Wasco #9, 11/11)
Sections: (Continued)

16.26.050 Filing and processing.

16.26.060 Fees.

16.26.070 Expiration.

16.26.080 Vesting on approval of vesting tentative
map.

16.26.090 Development inconsistent with zoning.

16.26.100 Applications inconsistent with current
policies.
* Prior ordinance history: Ord. 474.

16.26.010
Authority.

This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1 of Division 2 of Title 7 of the Government Code of the state of Califor- nia--Subdivision Map Act) and is intended to implement the provisions of this chapter. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 488 §1 (Exh. A (part), 2004).

16.26.020
Purpose and intent.

It is the purpose and intent of this chapter to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the Subdivision Map Act and this title. Except as otherwise set forth in the provisions of this chapter, the provisions of this title shall apply to maps considered under this chap- ter.

To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preser- vation of the public health, safety and general welfare, and for the promotion of orderly growth and development. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 488 §1 (Exh. A (part), 2004).

16.26.030
Consistency with zoning and general plan.

No vesting tentative map or vesting tentative parcel map shall be approved if the proposed map or the design or
improvement of the proposed development is not consistent with the applicable general, specific or master plans or with the applicable provisions of Title 17 or any other applicable ordinances. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 488 §1 (Exh. A (part), 2004).

16.26.040--16.26.050
224-26 (Wasco #9, 11/11)

16.26.040 Application.

Whenever a provision of the Map Act, as implemented and supplemented by this title, requires the filing of a tenta- tive map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions herein. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 488 §1 (Exh. A (part), 2004).

16.26.050
Filing and processing.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this title for a tentative map except as hereinafter provided:

A. At the time a vesting tentative map is filed, it
shall have printed conspicuously on its face the words "Vest- ing Tentative Map";
B. At the time a vesting tentative map is filed, a sub- divider shall also supply the following information:

1. Height, size, location and uses of all existing
and proposed buildings;

2. Existing and proposed sewer, water, storm drain
and road details;

3. Detailed grading plans, including geologic and
soils information;

4. Flood control information, or engineer’s drain-
age study, as required and approved by the city engineer;

5. Plans, which shall include but not be limited
to: type of roofs, building materials, fences and walls, building elevations, landscaping and irrigation plans, park- ing areas and proposed driveways, signs and other such
improvements as may be required for architectural or design review;

6. Dimensions depicting front, side and rear yard
setbacks; areas of paving and landscaping, porches, decks and fencing;

7. A traffic study approved by the city engineer,
unless otherwise waived by the city engineer;

8. If the proposed use or intensity of development
is not permitted in the existing zoning district, a completed application for rezoning the property and, if inconsistency between the proposed rezoning and existing general plan would result, a completed application to amend the land use clas- sification of the general plan;

9. Location of easements that affect the property
and identification of other pertinent legal features;

16.26.060--16.26.080
224-27 (Wasco #9, 11/11)

10. A fiscal impact report analyzing the projected
impacts the development will have on public facilities and services;

11. Detailed environmental information sufficient
to permit assessment of all environmental effects of the project including cumulative and long-term efforts. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 488 §1 (Exh. A (part), 2004).

16.26.060
Fees.

Upon filing a vested tentative map, the subdivider shall pay the fees required by city council resolution. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 488 §1 (Exh. A (part), 2004).

16.26.070 Expiration.

The approval or conditional approval of a vesting tenta- tive map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this title, for the expiration of an approval or conditional approval of a tentative map. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 488 §1 (Exh. A (part), 2004).

16.26.080
Vesting on approval of vesting tentative map.

A. Approval or conditional approval of a vesting ten-
tative map or vesting tentative parcel map shall confer a vested right to proceed with residential development in sub- stantial compliance with the ordinances, policies and stan- dards described in Section 66474.2 of the Government Code.

However, if Section 66474.2 is repealed the approval shall confer a vested right to proceed with development in substan- tial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map or vesting tentative parcel map was approved or conditionally approved.

Any disputes whether a development substantially complies with the approved or conditionally approved map, or with the ordinances, policies or standards described in this subsec- tion, shall be resolved by the city council.

B. Notwithstanding subsection A of this section, a per- mit or entitlement for development may be conditionally approved or denied if at the time of the issuance of the per- mit approval or entitlement it is determined by the issuing authority or the city council on appeal that:

1. A failure to do so would place the residents of
the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

16.26.090
224-28 (Wasco #9, 11/11)

2. The conditional approval or denial is required
in order to comply with state or federal law.

C. The rights conferred by a vesting tentative map or
vesting tentative parcel map shall expire if:

1. A final map or parcel map is not approved prior
to the expiration of the vesting tentative map or the vesting tentative parcel map;

2. The applicant has requested and the city has
approved a change in the type, density, bulk or design of the development unless an amendment to the vesting tentative map or vesting tentative parcel map has been approved.

D. Upon the filing of a final map or parcel map for a
vesting tentative map or vesting tentative parcel map, the rights conferred by subsection A of this section shall con- tinue for one year. Where several final maps or parcel maps are recorded on various phases of a project covered by a sin- gle vesting tentative map or vesting tentative parcel map, this period shall begin for each phase when the final map or parcel map for that phase is recorded.

E. A subdivider may apply to the city council for a one- year extension of the rights conferred by subsection D of this section at any time before the time period set forth in subsection D of this section expires. An extension may be granted only if the council finds that the map still complies with the requirements of this title. The city council may approve, conditionally approve or deny an extension in its sole discretion.

F. If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections D and E of this section, the rights referred to therein shall continue until the expiration of that building permit or any extension of that permit.

G. Upon the expiration of the time limits specified in
subsection A, D, E or F of this section, all rights conferred by this section shall cease and the project shall be consid- ered as the same as any subdivision which was not processed pursuant to this chapter. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 488 §1 (Exh. A (part), 2004).

16.26.090
Development inconsistent with zoning.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at the time, that inconsistency shall be noted on the map. The city shall deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary

16.26.100--16.28.010
224-29 (Wasco #9, 11/11)
change in the zoning ordinance to eliminate the
inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 16.26.080(A), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordi- nance and the map, as approved. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 488 §1 (Exh. A (part), 2004).

16.26.100
Applications inconsistent with current policies.

Notwithstanding any provision of this chapter, a prop-
erty owner or his or her designee may seek approvals or per- mits for development which depart from the ordinances,
policies and standards described in Sections 16.26.080(A) and 16.26.090, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 617 §2 (Exh. A
(part)), 2011: Ord. 488 §1 (Exh. A (part), 2004).

Chapter 16.28

DESIGN STANDARDS
Sections:

16.28.010 General requirements.

16.28.020 Conformance to plans.

16.28.030 Streets.

16.28.040 Alleys.

16.28.050 Blocks.

16.28.060 Lots.

16.28.070 Pedestrian way or walkways.

16.28.080 Commercial and industrial areas.

16.28.090 Reserve strips for controlling access.

16.28.100 Easements.

16.28.010
General requirements.

Each subdivision and the map thereof shall be in confor- mity to the standards contained in this chapter. Where a specific design issue is not addressed in this chapter, the most recent edition of the Kern County development standards and/or California Building Code shall apply. Unless specif- ically addressed in Appendix A, all proposed designs are sub-

16.28.020--16.28.030
224-30 (Wasco #9, 11/11)
ject to the approval of the city engineer and the director of public works. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.28.020
Conformance to plans.

All subdivision maps shall conform to any specific plans of streets, public areas or other projects or plans adopted or approved by the council. There shall be conformance to the principles and standards of the general plan and to the city zoning regulations. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.28.030
Streets.

A. General. All streets shall conform to the city of
Wasco improvement standards in Appendix A.

B. Minor Collector/Local Streets. Minor collector and
local streets shall conform to the city of Wasco improvement standards in Appendix A.

C. Collector Streets. Collector streets shall conform
to the city of Wasco improvement standards in Appendix A.

D. Arterial Streets. Arterial streets shall conform to the city of Wasco improvement standards in Appendix A. Medi- ans or fees in lieu in the amount of an engineer’s estimate will be required at the time of development for all arterial streets.

E. Cul-de-Sacs. Cul-de-sacs shall conform to the city
of Wasco standards. Cul-de-sac streets shall not exceed block lengths as described in Section 16.28.050.

F. Dead-End or Stubbed Streets. Where a street is
extended to the edge of the subdivision and is intended to be continued to serve future subdivisions, a one-foot reserve strip shall be offered for dedication for future street purposes. No stubbed streets shall be permitted unless a part of a phased and vested project for a subsequent phase.

A fifty-foot radius turnaround shall be provided when deter- mined by the planning commission to be necessary for the movement of emergency vehicles.

G. Private Streets. Private streets shall not be per-
mitted.

H. Frontage Streets.

1. Frontage streets shall conform to the city of
Wasco standards for minor collector/local streets.

2. Frontage streets shall be required for residen-
tial lots of a subdivision fronting on a freeway, major high- way, secondary highway, or arterial.

16.28.040
224-31 (Wasco #9, 11/11)
I. Planned unit development streets shall conform to
the standards and guidelines set forth in the city of Wasco zoning ordinance and any applicable combining districts.

J. Part Width Streets. Where a part width street is
required at the edge of a subdivision the width of such street shall not be less than one-half the full width
required in accordance with city of Wasco standards.

K. Street Curves and Tangents. A minimum centerline
radius of at least five hundred feet shall be used on all streets, except local streets shall have minimum radii of two hundred fifty feet.

L. Street Corner Property Line Radii. Street corner
radii shall be twenty feet.

M. Street Intersections. Street intersections shall be as near right angles as is feasible.

N. Alignment of Continuation of Streets. Streets which are a continuation of streets in contiguous territory shall be so aligned as to assure that their centerlines will
coincide. In cases where straight line continuations are not physically possible, such centerlines shall be continued by curves. In cases where such streets cannot be continued or aligned, a minimum distance of one hundred fifty feet between the centerlines shall be maintained.

O. Street Grades. No street shall be a grade of more
than seven percent or less than two-tenths percent. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.28.040
Alleys.

A. General. All alleys where approved or required
shall conform to the city of Wasco standards.

B. Maintenance District Required. All new alleys
and/or extensions of existing alleys shall be subject to annexation into a maintenance district.

C. Alley Required. Alleys may be required by the com-
mission for lots used or intended to be used for commercial, industrial, or multifamily residential purposes.

D. Alley Optional. Alleys in single-family residential subdivisions shall be optional and subject to the commis- sion’s approval.

E. Alley Width. The width of alleys shall be thirty
feet minimum except alleys in single-family residential sub- divisions shall be twenty feet minimum.

16.28.050--16.28.060
224-32 (Wasco #9, 11/11)
F. Alley Intersections. Where two alleys intersect,
the corner shall be cut on a straight line connecting points on both lot lines ten feet from the projected intersection of the alleys. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.28.050 Blocks.

A. Residential Block Lengths. The design of residen-
tial blocks, including, but not limited to, block length, street design, and pedestrian access, shall comply with the policies and standards of the general plan.

The planning commission may approve exceptions to the
above block lengths if existing conditions merit such an exception.

B. Residential Block Widths. The width of each resi-
dential block shall be sufficient to allow two tiers of lots therein of a depth referred by the provisions of the zoning ordinance except where access to lots is limited to one street frontage only. (Ord. 617 §2 (Exh. A (part)), 2011:

Ord. 521 §1 (Exh. A (part)), 2006; Ord. 474 (part), 2002).

16.28.060
Lots.

A. Access. Each lot of a subdivision shall have direct access to a street maintained by a public agency.

B. Divided Lots. No lot shall be divided by the bound- ary line of the city, a school district or any other taxing district.

C. Residential Lot Size. The minimum lot sizes within
the subdivision shall conform to the standards as set forth in the zoning ordinance as shown in Table 17-4.

D. Double Frontage Lots Shall Be Avoided Where
Possible. Where such lots are unavoidable due to geographic locations, existing layout or other adverse conditions, such lots will be permitted under the following conditions:

1. The dedication or irrevocable offer of dedica-
tion of the street on which double frontage occurs shall Max. Blk.

Length (in feet)
R-1 Zone 6,000 sq. ft. min. lot 800
R-1-8 Zone 8,000 sq. ft. min. lot 1,100
R-1-10 Zone 10,000 sq. ft. min. lot 1,320

16.28.070--16.28.100
224-33 (Wasco #9, 11/11)
include a waiver of direct access rights to such street from any property abutting thereon.

E. Cul-de-Sac Lots. Minimum frontage on a cul-de-sac
lot shall be as shown in Table 17-4 of the zoning ordinance. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 521 §1 (Exh. A (part)), 2006; Ord. 474 (part), 2002).

16.28.070
Pedestrian way or walkways.

The subdivider may be required to dedicate and improve
walkways through long blocks or to provide access to schools, parks, or other public areas. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.28.080
Commercial and industrial areas.

When property is designated for commercial or industrial use either in the general plan or the zoning regulations, the plan of the subdivision shall be appropriate for such uses.

Streets shall be designed to have adequate capacity to handle the anticipated traffic which will utilize them. As far as practicable, streets shall be laid out so that there will be direct access to the commercial or industrial area from arte- rial or collector streets without utilizing local streets traversing residential areas. Lot areas and dimensions shall be adequate to accommodate the yard spaces, off-street park- ing facilities, and off-street loading facilities required by the zoning regulations. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.28.090
Reserve strips for controlling access.

A one-foot reserve strip controlling the access to
streets or other public rights-of-way from adjoining prop- erty shall be approved where such strips are necessary for the protection of the public welfare or for a substantial property right. The reserve strips shall be specifically referred to in the dedication certificate. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.28.100
Easements.

Distribution lines shall be placed underground within
the public right-of-way. On all street rights-of-way less than sixty feet in width an additional five feet on each side and parallel to the street right-of-way will be required.

Easements for equipment enclosures shall be required as needed. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).
224-34 (Wasco #9, 11/11)
Chapter 16.32

IMPROVEMENTS
Sections:

16.32.001 Definitions.

16.32.010 General requirements.

16.32.020 In subdivisions for which a final map is
required.

16.32.030 In subdivisions for which a parcel map is
required.

16.32.040 Standards and design criteria.

16.32.050 Plans.

16.32.060 Required improvements--Generally.

16.32.070 Required improvements--Grading.

16.32.080 Required improvements--Street improvements.

16.32.090 Required improvements--Storm drain.

16.32.100 Required improvements--Sanitary sewer.

16.32.110 Required improvements--Water system.

16.32.120 Required improvements--Street signs.

16.32.130 Required improvements--Access barricade.

16.32.140 Required improvements--Street lights.

16.32.150 Required improvements--Public utilities.

16.32.160 Required improvements--Railroad crossings.

16.32.170 Required improvements--Fences or walls.

16.32.180 Required improvements--Trees.

16.32.190 Required improvements--Street striping.

16.32.200 Required improvements--Stop signs, stop
lights or any other traffic safety device.

16.32.210 Required improvements--Solid waste
containers.

16.32.220 Supplemental improvements and reimbursement
agreements.

16.32.230 Monuments and lot corners.

16.32.240 Completion of subdivision improvements.

16.32.250 Subdivision agreement.

16.32.260 Security--Type.

16.32.270 Security--Form of bonds.

16.32.275 Alternative to faithful performance bond
described--Procedures.

16.32.280 Security--Amount.

16.32.290 Security--Release.

16.32.300 Security--Forfeiture.

16.32.310 Notice to commence work.

16.32.315 Required permits.

16.32.001--16.32.030
224-35 (Wasco #9, 11/11)
Sections: (Continued)

16.32.320 Inspection--Required.

16.32.330 Inspection--Fees.

16.32.340 Inspections and tests--Required.

16.32.350 Final inspection.

16.32.360 As-built plans.

16.32.370 Insurance requirements.

16.32.001
Definitions.
"Improvement" refers to any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, high- ways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and the local neigh- borhood traffic and drainage needs, as a condition precedent to the approval and acceptance of the final map thereof. "Improvement" also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by the public agencies, by private util- ities, by any other entity approved by the local agency, or by a combination thereof, is necessary to ensure consistency with, or implementation of, the general plan or any applica- ble specific plan. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.010
General requirements.

All improvements shall be constructed at the subdi-
vider’s expense in accordance with the requirements of this chapter and in accordance with the city of Wasco improvement standards as shown in Appendix A. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.020 In subdivisions for which a final map is required.

As a condition of approval of a tentative map for which a final map is required, all improvements as set forth in this chapter shall be required. (Ord. 617 §2 (Exh. A
(part)), 2011: Ord. 474 (part), 2002).

16.32.030 In subdivisions for which a parcel map is
required.

As a condition of approval of a tentative map for which a parcel map is required, improvements as set forth in this chapter may be required. The extent of such improvements shall be determined by the planning commission pursuant to Section 66411.1 of the Map Act. The planning commission may

16.32.040--16.32.050
224-36 (Wasco #9, 11/11)
waive improvements until development of proposed division of land occurs. Improvements shall not be waived in any devel- oped area. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.040
Standards and design criteria.

The criteria and standards used for the design and con- struction of improvements shall be in accordance with the following:

A. City of Wasco standards, copies of which are for sale or available for examination by the public in the offices of the city clerk, community development department, or public works department;
B. All the applicable provisions of Chapter 16.28,
entitled "Design Standards";
C. All other requirements set forth in this chapter;
D. Exceptions. The city engineer or other designated
city official may make minor changes in typical sections and details if unusual conditions pertain to the subdivision or arise during construction to warrant such change;
E. All utilities shall be extended as necessary to meet the definition of "improvement" (Section 16.32.001). (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.050
Plans.

A. Improvement plans shall include all drawings and
specifications necessary for the orderly construction of improvements for the subdivision.

B. All such plans shall be prepared in a professional
manner in keeping with standard engineering practices.

C. All such plans shall be drawn on polyester base film in ink capable of producing a legible print.

D. All sheets shall be twenty-four inches by thirty-six inches and shall be incorporated into one complete set of plans. All such sheets shall be of the same size. When more than three sheets of drawings are required, an index to draw- ings shall be ascribed on the first sheet of the set.

E. Plans, profiles and specifications for such improve- ments shall be furnished to the city engineer or other des- ignated city official for checking, and such plans, profiles and specifications shall be subject to the approval of the city engineer or other designated city official before any such map shall be approved or certified. Such plans, pro- files and improvements shall be in accordance with the stan- dards of the city, as adopted by the council.

16.32.060--16.32.090
224-37 (Wasco #9, 11/11)
F. An AutoCAD (or compatible) copy of the map shall be
provided on a transportable media storage device (i.e., com- pact disk, USB flash drive, or other current media acceptable to the public works department) and delivered to the city of Wasco public works department. This data is for government use and is not available to the general public in electronic format. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.060
Required improvements--Generally.

The improvements set out in Sections 16.32.070 through

16.32.210 as required shall be clearly set forth in the improvement plans and constructed or installed in accordance therewith. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.070
Required improvements--Grading.

Grading shall include all excavation, embankment and
fill necessary to produce the surface on which the lowest layer of improvement or structure is placed. Such grading shall be constructed to the lines and grades approved by the city engineer or other designated city official for all sur- face improvements in the subdivision including streets, alleys, sidewalks, curbs and gutters, building pads, and sur- face drainage facilities. All building pads shall be graded to provide eighteen inches minimum from finished floor of building to finished gutter flow line. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.080
Required improvements--Street improvements.

Street improvements shall include curb and gutter, val- ley gutters, sidewalks, structural street and alley sections which include subbase, base and paving as required. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.090 Required improvements--Storm drain.

Drainage facility improvements shall include storm drain lines, catch basins, manholes or other improvements that may necessitate the drainage of stormwater from the subdivision.

On-site ponding basins as a method of disposal of stormwater may be permitted upon approval of the city engineer or other designated city official. The maximum distance permitted for surface drainage shall be one thousand three hundred feet. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 580 Exh. A, 2008:

Ord. 474 (part), 2002).

16.32.100--16.32.110
224-38 (Wasco #9, 11/11)

16.32.100 Required improvements--Sanitary sewer.

Sanitary sewer improvements shall include the main line connected to the existing system, manholes and a lateral stubbed to the property line of each lot. Such laterals shall be marked on the top of the curb with the letter "S" at such time as concrete is placed. Septic tanks, cesspools, leach fields, or permanent force mains will not be permitted without specific written approval by the city engineer prior to tentative map approval. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.110
Required improvements--Water system.

Water system improvements shall include water mains,
fire hydrants, valves and services to property line of each lot. Location of water services shall be marked on the top of the curb with the letter "W" at such time concrete is placed. Fire hydrants shall be of the size and type approved by the Kern County fire department and city engineer or other designated city official; provided, however, that such
hydrants shall not be less than any hydrant required by the city as set forth in the city of Wasco standards and adopted Uniform Fire Code. The following criteria shall be used for placement of fire hydrants:

A. Single-Family Residential Development. One hydrant
shall be placed for each six hundred lineal feet of residen- tial frontage. No development shall be less than two
hydrants or as required by the planning commission.

B. Multiple-Family or Mobilehome Park Residential
Development. One fire hydrant shall be placed for each four hundred fifty lineal feet of residential development
frontage. No development shall have less than two hydrants or as required by the planning commission.

C. Commercial and Industrial Development. One fire
hydrant shall be placed for each three hundred lineal feet of commercial or industrial frontage. No development shall have less than two fire hydrants or as required by the plan- ning commission.

D. Combined Type Development. When combined type
developments are developed, fire hydrants shall be placed in accordance with the most restrictive of the above criteria as approved by the city engineer or other designated city official. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.120--16.32.140
224-39 (Wasco #9, 11/11)

16.32.120 Required improvements--Street signs.

All street signs shall be provided by the subdivider.

Street signs shall be of the type approved by the city.

Street signs shall be placed at each intersection in accor- dance with the city of Wasco standards. (Ord. 617 §2 (Exh.

A (part)), 2011: Ord. 474 (part), 2002).

16.32.130
Required improvements--Access barricade.

Any required barricade to protect access at dead-end
streets shall be provided by the subdivider. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.140 Required improvements--Street lights.

Street lights, conduits and wiring shall be installed at the expense of the subdivider. No direct burial of wiring will be permitted. Conduit will be required for all under- ground wiring. Light poles shall be provided by and
installed by the subdivider and dedicated to the city as part of improvements. No point along any collector or arterial street shall be more than two hundred fifty feet from a mast arm type street light. No point along any minor collector or local street shall be less than two hundred feet or more than two hundred fifty feet from a post type street light. Street lights shall be placed in the following numbers at exact locations to be determined by the city of Wasco city engineer or designee:

When an intersection includes an arterial/collector
street and a minor collector/local street, the highest order street shall govern the number of street lights required at that intersection. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

Number of Street Lights Required
Type of Intersection
Arterial/
Collector Street
Minor Collector
or Local Street
Four-way intersection 4 (each corner) 2
Three-way intersection 2 1
Two-way intersection 1 1
End of a cul-de-sac 1 1

16.32.150--16.32.170
224-40 (Wasco #9, 11/11)

16.32.150 Required improvements--Public utilities.

The subdivider shall provide public utilities to each lot of the subdivision including electric, communications (tele- phone), street lighting, natural gas, and cable television.

Existing and new utility distribution facilities, and lines, shall be placed underground in any residential, commercial or industrial subdivision. The subdivider shall be respon- sible for complying with the requirements of this section, and the subdivider shall make the necessary arrangements with the utility companies for the installation and access to such facilities. Such facilities shall be installed underground before any permanent street facilities are placed. For the purpose of this chapter, appurtenances and associated equip- ment such as, but not limited to, surface-mounted transform- ers, pedestal-mounted terminal boxes and meter cabinets may be placed above ground where below ground or ground level units are not feasible or possible. If above ground boxes or pedestals are required, they shall have a minimum amount of surface area, be aesthetically pleasing and be covered with an anti-graffiti coating. The provisions of this sec- tion shall not apply to utility distribution facilities and lines which do not provide services to the area being
subdivided. Utility plans shall be incorporated into the improvement plans. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.160
Required improvements--Railroad crossings.

Provisions shall be made for any and all railroad cross- ings necessary to provide access to, or circulation with, the proposed subdivision, including the preparation of all doc- uments necessary for application to the public utilities com- mission of the state for the establishment and improvement of such crossing. Costs for such establishment and improve- ment shall be the responsibility of the subdivider. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.170
Required improvements--Fences or walls.

Fences or walls shall be constructed by the subdivider
of the size and type and in the locations as may be required by the planning commission. Block walls shall be installed per city of Wasco improvement standards. (Ord. 617 §2 (Exh.

A (part)), 2011: Ord. 474 (part), 2002).

16.32.180--16.32.220
224-41 (Wasco #9, 11/11)

16.32.180 Required improvements--Trees.

Trees shall be planted by the subdivider of the size and type and in the locations as may be required by the planning commission for screening purposes or as required pursuant to the city of Wasco zoning ordinance. Street trees shall be planted along all public rights-of-way in all new
development. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.190
Required improvements--Street striping.

Street striping shall be required in accordance with the currently approved CalTrans Standards. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.200 Required improvements--Stop signs, stop lights or any other traffic safety device.

Stop signs, stop lights or any other traffic safety
device shall be as required by the planning commission and shall be installed in accordance with CalTrans Standards. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.210 Required improvements--Solid waste containers.

Containers used for the collection of solid waste and
recycling by the city shall be furnished at the subdivider’s expense. The city staff shall determine the number of con- tainers required. The cost of each container shall be paid prior to recordation of the subdivision map. Containers shall be purchased from the city of Wasco and remain the property of the city of Wasco. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.220
Supplemental improvements and reimbursement
agreements.

The subdivider may be required to install improvements
for the benefit of the subdivision which may contain supple- mental size, capacity, number, or length for the benefit of property not within the subdivision and thereafter to dedi- cate such improvements to the public. The subdivider may be reimbursed for a portion of his costs as provided in Sections 66486 and 66487 of the Subdivision Map Act, or other reim- bursement enabling acts. The subdivider’s engineer shall submit to the city engineer or other designated city official an engineer’s estimate for approval. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.230--16.32.240
224-42 (Wasco #9, 11/11)

16.32.230 Monuments and lot corners.

A. Permanent Monuments.

1. Permanent monuments in accordance with the city
of Wasco standards shall be set by the subdivider’s engineer or land surveyor at the following locations:
a. At all angle points and at the beginning and
ending of all curves on the exterior boundaries of the sub- division;
b. At all intersections of street centerlines;
c. At the beginning and ending of all curves on
the street centerlines within the tract;
d. At all the intersections of street center-
lines and the exterior boundary of the subdivision.

2. All such monuments shall be set as to ensure an
unobstructed site between adjacent monuments.

3. All such monuments shall be set as required by
the Subdivision Map Act. The city engineer or other desig- nated city official may check such monuments by field survey and verify that the positions of such monuments are correct.

At such time as structural street sections are completed, frames and covers in accordance with city of Wasco standards shall be constructed.

B. Lot Corners.

1. The subdivider’s engineer or land surveyor shall
monument all lot corners including each angle point, the beginning of each curve and the end of each curve. Such mon- ument shall not be less substantial and enduring than a half- inch iron pipe eighteen inches long with a noncorrosive reg- istered engineer’s or licensed surveyor’s marker on the head thereof. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.240
Completion of subdivision improvements.

A subdivision map which requires a final or parcel map
shall not be approved and subsequently recorded until
improvements required as a condition of approval of the ten- tative map have been completed or a subdivision agreement to complete the improvements has been entered into pursuant to Section 66462 of the Map Act. Such agreement to complete improvements shall be guaranteed by security in the amount, type, form, and content as set forth in this chapter. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.250--16.32.270
224-43 (Wasco #9, 11/11)

16.32.250 Subdivision agreement.

A. The subdivision agreement to complete required
improvements shall contain such stipulations as may be
required to assure completion of the subdivision in accor- dance with the requirements of the city. Such stipulations shall specify that the subdivider shall complete the improved work within twelve months and providing that if he fails to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The subdivision agreement shall provide for inspection of all improvements by the city. The form and content of such agreement shall be approved by the city attorney.

B. The subdivision agreement shall be secured by a bond or security in the amount, type, form and content as set forth in this chapter.

C. Except for assessments authorized after tentative
map approval for the financing and completion of improvements required of the subdivider, all outstanding or remaining assessments on the land of the subdivision established for improvements contracted under special assessment district proceedings shall be paid by the subdivider. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.260
Security--Type.

Improvement security shall be of the type as provided for in Section 66499 of the Map Act subject to review by the city attorney and approval of the city council. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.270 Security--Form of bonds.

When a bond is used to secure the faithful performance
of the agreement for subdivision improvements it shall be in substantially the same form as provided for in Section
66499.1 of the Map Act, subject to review by the city attor- ney and approval by the city council. The form of bond for the security of laborers and materialmen shall be in substan- tially the same form as provided for in Section 66499.2 of the Map Act subject to review by the city attorney and
approval by the city council. Appropriate modifications shall be made in such form if the bond is being furnished for the performance of an act not provided for by agreement. All bonds shall be furnished by a surety company authorized to write the same in the state of California. (Ord. 617 §2 (Exh.

A (part)), 2011: Ord. 474 (part), 2002).

16.32.275--16.32.290
224-44 (Wasco #9, 11/11)

16.32.275 Alternative to faithful performance bond
described--Procedures.

In lieu of any faithful performance bond required by this chapter, the subdivider may deposit with the city engineer, on behalf of the city council, one of the following: (1) a deposit, either with the city or a responsible escrow agent or trust company, selected by the city, of cash or negotiable bonds of the kind approved for securing deposits of public moneys, or (2) an irrevocable instrument of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by the city.

The forms of all documents relating to such security shall be subject to approval by the city attorney. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.280
Security--Amount.

The improvement security shall be provided in the amount as follows:

A. Performance Security. One hundred percent of the
total estimated cost of the improvements or act to be per- formed securing payment to the contractor, the subcontrac- tors and to persons furnishing labor, materials or equipment to them for the improvement of the performance of the
required act.

B. Labor and Material Security. Fifty percent of the
total estimated cost of the improvement or act to be per- formed securing payment to the contractor, the subcontrac- tors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the
required act. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.290
Security--Release.

A. Security for performance may be reduced as work
progresses only for the work satisfactorily completed. Upon written request from the subdivider, the city engineer or other designated city official shall determine the value of work completed satisfactorily and submit it to the city coun- cil for approval. In no event shall such security be reduced more than ninety percent. Upon final completion and accep- tance of the work as determined by the city engineer or other designated city official, a notice of completion shall be filed with the county recorder. Ten percent of such security shall be retained for one year after the filing of such notice.

16.32.300--16.32.320
224-45 (Wasco #9, 11/11)
B. Security for labor and material shall be released
six months after such notice of completion is filed; pro- vided, that no claims are filed, the amount of such security shall be reduced equal to the amount of such claims. The balance of the security will be released on the satisfactory settlement of such claims. No security given for the guar- antee or warranty of work shall be released until the expi- ration of the period thereof. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.300
Security--Forfeiture.

Upon the failure of the subdivider to complete any
improvement, acts, or obligations within the time specified, or an approved extension thereof, the city council may, upon notice in writing of not less than ten days, served upon the person responsible for the performance thereof, or upon notice in writing of not less than twenty days, served by certified mail addressed to the last known address of such person, determine that the subdivider is in default and may cause the improvement security or such portion thereof as is necessary to complete the work or act or other obligation of the subdivider secured thereby to be forfeited to the city. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.310
Notice to commence work.

Improvement work shall not commence until the city engi- neer or other designated city official has been given twenty- four hours’ notice. If the work is discontinued for any rea- son, it shall not be commenced until such notice is given. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.315
Required permits.

All permits required to commence work including but not limited to CalTrans encroachment permits and city of Wasco encroachment permits must be obtained prior to commencement of work. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.320
Inspection--Required.

The construction of all required improvements shall be
inspected by the city engineer or other designated city offi- cial for conformance with improvement plans. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.330--16.32.340
224-46 (Wasco #9, 11/11)

16.32.330 Inspection--Fees.

Inspection fees shall be in the amount prescribed by res- olution of the city council. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.340 Inspections and tests--Required.

A. Grading. All embankments and excavation shall be
compacted in accordance with the city standards. There shall be a sufficient number of tests at sufficient depths to ensure proper compaction and moisture content. At such time as the grading is completed, a summary report of such tests shall be submitted to the city engineer or other designated city official for review and approval.

B. Concrete Work. Prior to the placement of any con-
crete in public right-of-way, the subdivider or his contrac- tor shall notify the city. The city shall inspect the forms and base for compaction. The city engineer or other desig- nated city official may require additional compaction tests to assure proper compaction and moisture content. The city engineer or other designated city official may take concrete cylinder samples as he may deem necessary. The breaking of such samples shall be at the subdivider’s expense. The city shall check all curb and gutter to assure proper drainage.

The contractor shall remove any curb and gutter which fails to meet required tolerances as set forth in the city of Wasco standards.

C. Underground Utilities. All trench backfill shall be compacted to city requirements. The contractor may use any method approved by the city to obtain required compaction.

There shall be a sufficient number of tests at sufficient depths to assure proper compaction and moisture content. At such time as the underground improvements have been com- pleted, a summary report of such tests shall be submitted to the city engineer or other designated city official for review and approval.

D. Streets and Alleys.

1. Prior to placement of any required base, the
subbase shall be prepared and a sufficient number of compac- tion tests taken at sufficient depths to assure proper com- pactions and moisture content. The subdivider shall submit such tests to the city engineer or other designated city official for review and approval. No base shall be placed until such approval is obtained.

2. After the placement of base and prior to place-
ment of pavement, the city engineer or other designated city official may require additional compaction tests to be taken

16.32.350--16.32.360
224-47 (Wasco #9, 11/11)
to assure proper compaction. The subdivider shall submit such tests to the city for review and approval. The city engineer or other designated city official may require addi- tional tests or require additional information as deemed nec- essary to assure proper construction in compliance with the improvement plans. A summary report of such tests shall be submitted to the city engineer or other designated city offi- cial.

3. After the pavement is placed, the subdivider or
contractor shall submit all weight slips to the city engineer or other designated city official.

4. The city engineer or designated city official
shall inspect the installation of all sewer and water facil- ities except for backfill requirements as classified in this title. In addition to the above tests and requirements, the city engineer or other designated city official may require additional testing or other information necessary to assure proper construction in compliance with the improvement
plans. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.32.350
Final inspection.

At such time as all improvements are completed, the sub- divider shall arrange a meeting with the city engineer or other designated city official for an inspection of the work. The subdivider’s engineer or land surveyor or their representative shall be present during the time of
inspections. All required monuments as required in this chapter shall be exposed including all street monuments and not corner monuments. The city engineer or other designated city official may survey or cause to be surveyed the subdi- vision for assurance that all such monuments satisfy the final map or parcel within allowable tolerances. No defer- ment of monuments shall be allowed. When all improvements are completed, the city engineer or other designated city official shall proceed to release security as provided for in this chapter. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 612 §2 (Exh. A (part)), 2010: Ord. 474 (part), 2002).

16.32.360
As-built plans.

At such times as the improvement work has been satisfac- torily completed and approved as set forth in this chapter, before filing the notice of completion, the subdivider shall submit a complete set of as-built improvement plans capable of being reproduced. Such plans shall clearly show any changes that were made during construction. As-built

16.32.370
224-48 (Wasco #9, 11/11)
improvement plans shall include the stamp and signature of the subdivider’s engineer and permanent elevation bench mark based upon the city datum on each centerline of street mon- ument and any other location as may be required by the city engineer or other designated city official. Bench mark ele- vations bench mark based upon the city datum (data) on each centerline of street monument and any other location as may be required by the city engineer or other designated city official. Bench mark elevations shall be set to the nearest one-hundredth of a foot. (Ord. 617 §2 (Exh. A (part)), 2011:

Ord. 612 §2 (Exh. A (part)), 2010: Ord. 474 (part), 2002).

16.32.370
Insurance requirements.

Construction shall not commence, or continue, until or
unless there is in full force and effect all required
insurance. The owner shall not permit any work to be done unless and until the worker’s compensation insurance and lia- bility insurance requirements have been complied with.

The types of insurance the owner’s contractor shall
obtain and maintain are worker’s compensation insurance and liability insurance, all as set forth herein.

Worker’s compensation insurance and liability insurance shall be maintained in full force and effect for the full warranty period of one year from the date of final acceptance of the work.

Insurers must be authorized to do business and have an
agent for service of process in California and have an "A" policyholder’s rating and a financial rating of at least Class XI in accordance with the most current Best’s Rating.

As evidence of specified insurance coverage, the owner
shall provide certificates of insurance and endorsements to the city on the forms provided as a part of these improvement standards. No alteration or substitution of said forms will be allowed.

Coverage amounts and limits to be provided for worker’s compensation and liability insurance shall be as specified in the contract.

A. Worker’s Compensation Insurance. The owner shall
provide a certificate(s) of insurance to the city certifying that his contractor has obtained for the period of the con- tract full worker’s compensation insurance coverage for all persons whom the contractor employs or may employ in carrying out the work under the contract. This insurance shall be in strict accordance with the requirements of the most current and applicable state worker’s compensation insurance laws.

16.32.370
224-49 (Wasco #9, 11/11)
B. Liability Insurance. The owner shall provide a cer- tificate(s) of insurance to the city showing his contractor has the liability insurance coverage stated in the contract.

Included in such insurance shall be a "cross liability" or "severability of interest" clause.

As applicable, the liability insurance coverage shall
include each of the following types of insurance:

1. General Liability.
a. Comprehensive form;
b. Premises--Operations;
c. Explosion and collapse hazard;
d. Underground hazard;
e. Products/completed operations hazard;
f. Contractual insurance;
g. Broad form property damage including com-
pleted operations;
h. Independent contractors;
i. Personal injury.

2. Automobile Liability.
a. Comprehensive form including loading and
unloading;
b. Owned;
c. Hired;
d. Non-owned.

The liability insurance shall include as additional
insureds: the city, the city engineers, their consultants, all other city consultants and each of their directors, officers, agents and employees. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of the insurance provided under this section on liability insurance shall not be
reduced or prorated by the existence of such other
insurance. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

Chapter 16.36

EXCEPTIONS
Sections:

16.36.010 Purpose.

16.36.020 Exceptions permitted.

16.36.030 Memorandum of justification.

16.36.010--16.36.030
224-50 (Wasco #9, 11/11)
Sections: (Continued)

16.36.040 Planning commission review and decision.

16.36.050 Planned unit developments.

16.36.060 Appeals.

16.36.070 Final map.

16.36.010
Purpose.

The purpose of this chapter is to allow the planning com- mission to approve or conditionally approve exceptions to any of the requirements and regulations set forth in this title in accord herewith. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.36.020
Exceptions permitted.

Exceptions to the regulations and requirements of this
title may be allowed for the following conditions:

A. When property is impossible or impractical to
develop in accordance with any of the provisions of this title because of special circumstances or conditions which affect such property.

B. When a subdivider proposes to develop property using modern site planning techniques in a manner which does not conform or literally comply to the design standards or reg- ulations set forth in this title but would serve to facili- tate the ultimate development of the land in a manner that will be commensurate with contemporary living patterns and technical progress. (Ord. 617 §2 (Exh. A (part)), 2011:

Ord. 474 (part), 2002).

16.36.030
Memorandum of justification.

Under normal circumstances, at no time later than the
time of filing of the tentative map the subdivider shall sub- mit a memorandum in writing containing the following infor- mation:

A. A complete list of all exceptions requested and jus- tification for such exceptions;
B. Tentative plans, plan of development or any other
material necessary to support justification of such excep- tion;
C. If applicable, any decision previously made by the
planning commission on the proposed property with respect to the zoning regulations, complete with all material and infor- mation required therewith. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.36.040--16.36.060
224-51 (Wasco #9, 11/11)

16.36.040 Planning commission review and decision.

A. At such time as the planning commission reviews the
tentative map it shall review the memorandum of
justification. The commission shall approve, approve with conditions or disapprove the requested exceptions. The deci- sion and findings of the commission shall be transmitted to the subdivider and city engineer with the tentative map. In making their decision the planning commission shall make the following findings of fact:

1. That there are special circumstances or condi-
tions affecting the property;

2. That the exception is necessary for the preser-
vation and enjoyment of a substantial property right;

3. That the total development of the property with
the exceptions shall in the aggregate be at least equivalent to standard requirements set forth in this title and be in harmony with other developed areas in the immediate vicinity;

4. That such exceptions will not be detrimental to
the public health, safety, convenience and public welfare;

5. That such exceptions conform to the requirements
of the zoning ordinance or any approved exception thereof.

B. The findings of fact described in subsections (A)(1) and (2) of this section may not be necessary when a subdi- vider files for an exception based on the condition described in Section 16.36.020(B). (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.36.050
Planned unit developments.

Where in accordance with the provisions of the zoning
ordinance a planned unit development has been tentatively approved subject to the approval of exceptions required in these regulations the commission shall find that the tenta- tive map conforms to such plan. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.36.060
Appeals.

The subdivider or any interested person may appeal any
action or decision of the planning commission with respect to granting or denying any exception as set forth in this chapter. All appeals shall be filed and processed in accor- dance with Chapter 16.40. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.36.070--16.44.010
224-52 (Wasco #9, 11/11)

16.36.070 Final map.

A copy of such exceptions and all required findings shall be transmitted to the city council with the final map. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

Chapter 16.40

APPEALS
Sections:

16.40.010 Board.

16.40.020 Requirements.

16.40.010 Board.

The city council is designated the appeals board. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.40.020 Requirements.

The subdivider or any interested person may appeal any
action or decision of the advisory agency with respect to the tentative map to the appeals board. All appeals shall be filed and processed in accordance with Section 66452.5 of the Map Act. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

Chapter 16.44

STORM DRAINAGE FEES
Sections:

16.44.010 Adoption.

16.44.020 Fees--Required.

16.44.030 Fees--Calculation and payment.

16.44.040 Fees--Amount.

16.44.010
Adoption.

Pursuant to Section 66483-B of the Map Act, the city
council does adopt as one complete drainage area that area within the city limits. (Ord. 617 §2 (Exh. A (part)), 2011:

Ord. 474 (part), 2002).

16.44.020--16.46.010
224-53/224-59 (Wasco #13, 11/15)

16.44.020 Fees--Required.

Pursuant to Section 66483 of the Map Act, the subdivider shall pay fees prior to issuance of grading permits for the purpose of defraying the estimated cost of constructing planned drainage facilities for the removal, transportation, and disposal of storm water from the city. (Ord. 617 §2 (Exh.

A (part)), 2011: Ord. 474 (part), 2002).

16.44.030 Fees--Calculation and payment.

Drainage fees shall be calculated on a per acre basis for the project area and be paid prior to issuance of grading permits. The project area shall be defined as the entire project site being developed or proposed to be developed including all property to the centerline of all adjacent streets. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.44.040
Fees--Amount.

Fees shall be in the amount prescribed by resolution of the city council. All such fees shall be determined and administered in accordance with the Map Act. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

Chapter 16.46

PARK LAND DEDICATION
Sections:

16.46.010 General.

16.46.010 General.

This section is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of Cal- ifornia and AB 1600. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the city of Wasco general plan, the city of Wasco Urban Greening, Parks, and Open Space Master Plan and the Wasco Recreation and Parks District Master Plan, and are to be calculated, dedicated and/or paid in accordance with Chapter 13.26. (Ord. 646 §2, 2014: Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002. Formerly 16.46.020).

16.48.010--16.48.020
224-60 (Wasco #16, 3/19)
Chapter 16.48

VIOLATION--PENALTY
Sections:

16.48.010 Unlawful acts declared misdemeanor.

16.48.020 Remedies not barred.

16.48.010 Unlawful acts declared misdemeanor.

Any act declared by this title to be unlawful shall be a misdemeanor and any person, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

16.48.020
Remedies not barred.

This title does not bar any legal, equitable or summary remedy to which the city or any aggrieved public agency or person may otherwise be entitled, and the city or any
aggrieved public agency or person may file a suit in the superior court to restrain or enjoin any attempted or pro- posed division of land or other act which is in violation of this title. (Ord. 617 §2 (Exh. A (part)), 2011: Ord. 474 (part), 2002).

Appendix A

CITY OF WASCO

CONSTRUCTION STANDARDS

TABLE OF CONTENTS
ROADS
R1 Street Sections
R2 Curb, Gutter and Sidewalk
R3 Alley Sections
R4 Cross Gutter
R5 Cul-de-sac and Knuckle Treatments
R6 Pavement Tie-In
R7 Residential Drive Approach
R7A Residential Drive Approach Planting Strip
R8 Commercial Drive Approach
Appendix A
224-61 (Wasco #16, 3/19)
R9 Curb Ramp
R10 Street Signage/Light Pole Locations
R11 Street Signage
R12 Street Sign Residential
R13 Street Light
R14 Street Lights General Notes
R15 (Intentionally Deleted)
R16 Solar Street Light
R17 Survey Monument
WATER
W1 Water Service
W2-A Fire Hydrant
W2-B Fire Hydrant Installation Policy
W3-A Valve Box
W3-B Water Valve Installation
W4 Thrust Blocks
W5 Backflow Prevention Device Installation
W6 Vacuum Breaker Device Installations
SEWER
S1 Manhole Type "A"
S2 Manhole Frame and Cover
S3 Manhole Type "B"
S4 Drop Manhole
S5 Eight Inch (8") Cleanout
S6 Sewer Pipe Connection
S7-A Sewer Design Standards
S7-B Sewer Design Standards (Continued)

DRAINAGE
D1 Catch Basin
D2 Junction Box
D3 Storm Drain Manhole
D4 Sidewalk Underdrain
D5 Drainage Basin
D6 Drainage Basin Outlet Structure

BACKFILL
B1-A Standard Trench Backfill
B1-B Standard Trench Backfill Notes
B2-A Two Sack Slurry Trench Backfill
Appendix A
224-62 (Wasco #16, 3/19)
B2-B Two Sack Slurry Trench Backfill Notes

MISCELLANEOUS
M1 Retaining Wall 5' High Maximum
M2 Retaining Wall Over 5' High to 8' High
M3 Trash Bin Enclosure
M4 Chainlink Fence
M5 Chainlink Gates
M6 Masonry Wall Screening and Retaining
M7 (Intentionally Deleted)
M8 Wrought Iron Gate

LANDSCAPING
L1 Bike Path
L2 Belt Park
L3-A Tree Placement Residential
L3-B Tree Placement
L4-A Synthetic Turf Installation
L4-B Synthetic Turf Installation Procedures and Speci-
fications
Appendix A
224-63 (Wasco #16, 3/19)

GENERAL NOTES

1. Class "A" concrete is defined as 6 sack per cubic
yard with slump 2.5" to 4" maximum.

2. Class "B" concrete is defined as 5 sack per cubic
yard with slump 3" to 5.5" maximum.

ABBREVIATIONS DEFINITIONS
AB Aggregate Base
AC Asphalt Concrete
B.W. Both Ways
BCR Begin Curb Return
C Clearance
CL Centerline
CLR Clear
CONC. Concrete
CONT. Continuous
CORP. Corporation
D Distance
D.F. Douglas Fir Tree
DIA. Diameter
E.W. Each Way
ECR End Curb Return
ELEC. Electrical
FL Curb and Gutter Flowline
FPS Feet Per Second
FT. Foot (Feet)
GAL. Gallon(s)
GALV. Galvanized
GPD Gallons Per Day
I.D. Inner Diameter
IRRG. Irrigation
L Length
LB(S). Pound(s)
MAX. Maximum
MIN. Minimum
Appendix A
224-64 (Wasco #16, 3/19)
(Ord. 697 §1 (Exh. A), 2018; Ord. 550 (Exh. A), 2007; Ord. 549 (Exh. A), 2007; Ord. 474 (part), 2002).

O.C. On Center
O.D. Outer Diameter
P.S.I. Pounds Per Square Inch
PL Property Line
PUE Public Utility Easement
R Radius
RAD. Radius
ROW Right-of-Way
S Slope
SHT. Sheet
SPECS. Specifications
SQ. FT. Square Foot (Feet)
STD(S) Standard(s)
T.I. Traffic Index
TW Travel Width
TYP. Typical
V-GUTTER Valley Gutter
W Width
W/ With

ABBREVIATIONS

DEFINITIONS

ž/+0

Ownership & Maintenance
Agreement

City of Wasco

California High-Speed Rail Project Ownership and Maintenance Agreement

1 PARTIES
This Ownership and Maintenance Agreement (O&M Agreement) is entered into as of the date of the last signature below, by and between the California High-Speed Rail Authority (Authority), an agency of the State of California, whose principal place of business and mailing address is 770 L Street, Suite 620 MS 1, Sacramento, California 95814, and the City of Wasco (City), a California municipal corporation, whose principal place of business and mailing address is 746 8th Street, Wasco, California 93280. The Authority and the City are together referred to herein as the “Parties.” 2 RECITALS
The Authority is an agency of the State of California and is responsible for the High -Speed Rail Project (HSR Project), as defined herein. To operate high-speed train service, a number of new grade separation structures must be constructed, and existing grade separation structures may require modification. Due to the proximity of the grade separation structures to the HSR Project alignment, all ownership and maintenance activities must be conducted in accordance with strict standards of quality, security, and safety.

The Parties entered into a Cooperative Agreement on the 19th day of April 2016 (Cooperative Agreement).

The terms of the Cooperative Agreement (HSR 15-106) are incorporated as if fully set forth herein.

Capitalized terms used but not identified in this O&M Agreement shall have the definitions set forth in the Cooperative Agreement. If there is a conflict between the terms of the Cooperative Agreement and this O&M Agreement, the terms of this O&M Agreement shall prevail.

This O&M Agreement is not a modification of or amendment to the Cooperative Agreement. This O&M Agreement was entered into by the Parties to identify and define their respective roles and responsibilities with regard to post-construction modification, use , and maintenance of the Grade Separation Project described herein.

Now and therefore, for and in consideration of the mutual covenants and agreements contained in this O&M Agreement and for other good and valuable consideration, the receipt of and sufficiency of which are hereby acknowledged, the Authority and the City agree as follows:

3 DEFINITIONS
As used in this O&M Agreement, the following terms have the following meanings:

3.1 Ownership and Maintenance Agreement
“Ownership and Maintenance Agreement” or “O&M Agreement” shall mean this Ownership and Maintenance Agreement between the Parties.

3.2 Access Points
“Access Points” are structures located within the HSR Right-of-Way that enable permitted third parties to access, operate, and maintain their facilities and otherwise fulfill their obligations and exercise rights with respect thereto.

3.3 Authorized Representatives
“Authorized Representatives” shall mean any individuals or employees of a company, public agency , or other organization who are authorized to act on behalf of a Party pursuant to Sections 10.10 and 10.11.

California High-Speed Rail Project Ownership and Maintenance Agreement

3.4 Days
“Days” or “day” shall mean calendar days.

3.5 Final Acceptance
“Final Acceptance” shall mean satisfaction by the Parties of the conditions provided in Section 5.5.2.

3.6 Grade Separation Project
“Grade Separation Project” means the projects defined and described in Section 4.1 specific to the Facilities within the City of Wasco jurisdiction.

3.7 Grade Separation Project Manager
“Grade Separation Project Manager” shall mean t he i ndividual designated by the Authority as its Authorized Representative in Sections 10.10 and 10.11.

3.8 HSR Project
“HSR Project” means the development and implementation of intercity high-speed rail service throughout the State of California, as defined under current provisions of Streets and Highways Code section 2704 et seq. and the Public Utilities Code section 185030 et seq.

3.9 HSR Service
“HSR Service” shall mean all activities occurring in the course of the operation and maintenance of the elements of the completed HSR Project.

3.10 Project Site
“Project Site” shall mean the physical areas designated in Section 4.1 for the activities to be conducted by the Parties under this O&M Agreement, as may be applicable at any given time.

3.11 Sealed Corridor
“Sealed Corridor” shall mean the area designated by the Authority as the Sealed Corridor, as described in Section 8.2.

3.12 Sealed Corridor Access Policy
“Sealed Corridor Access Policy” shall mean the Authority’s policies, procedures, standards, and practices based on applicable federal and California laws, regulations, and rules, for preserving the safety and security of the Authority’s current and future railroad tracks, structures, fixtures, facilities, and appurtenances used for the construction, operation and maintenance of the high-speed rail system, including but not limited to, the Federal Railroad Administration Roadway Worker regulations set forth in 49 Code of Federal Regulations Subpart B, Chapter II, Part 214.

3.13 Substantial Completion
California High-Speed Rail Project Ownership and Maintenance Agreement

“Substantial Completion” shall mean the stage of completion at which the individual grade separation is suitable for use for its intended purpose.

4 WORK TO BE DONE

4.1 Grade Separation Projects
The Authority will design and construct grade separation structures, where the HSR Project alignment crosses: (a) 7th Street Amtrak Station Underpass (Pedestrian crossing), and (b) Poso Avenue (vehicle and pedestrian crossing and any associated appurtenances ). Together, they shall be referred to as “Grade Separation Projects” and individually “Grade Separation Project”. This O&M Agreement is limited to the grade separation structures and projects defined and described in this Section 4.1.

4.2 Location
The Grade Separation Projects are located within the City of Wasco, California.

4.3 Description
The Grade Separation Project s will consist of overheads and/or underpasses. The detailed scope of work description is provided as Appendix A.

5 ROLES AND RESPONSIBILITIES OF THE PARTIES

5.1 Property Ownership, Use, and Access Rights

5.1.1 Ownership of Project Site Property
The Authority has acquired, or is in the process of acquiring, the real properties on which the Grade Separation Projects will be constructed.

5.1.2 Inspection Access
The City, or its Authorized Representatives, shall have the right to enter a Project Site for the purpose of conducting inspections during the performance of construction or maintenance work by the Authority or its contractors at locations within the City’s jurisdiction that the City owns or is responsible for maintaining.

Notwithstanding the foregoing, the City shall assume the risk of any such entry and shall not interfere with the performance of work by the Authority or its contractors.

5.2 Design Work
The Grade Separation Projects’ design work will be conducted by the Authority and its contractors.

5.3 Responsibility for Obtaining Governmental Approvals The Authority or its contractors will be responsible for obtaining all government approvals for the Grade Separation Projects.

5.4 Construction
California High-Speed Rail Project Ownership and Maintenance Agreement

The Authority or its contractors will be responsible for completing all construction work for the Grade Separation Projects.

5.4.1 Warranty on Authority Work
The Authority shall transfer, assign, or otherwise provide a warranty from Authority’s Contractor to the City for each individual Grade Separation Project, which shall provide that:
a. The grade separation conforms to the requirements of the approved plans; b. All design for the grade separation conforms to all the professional engineering principles generally accepted as standards of the industry in the State of California ; shall be suitable for its intended purpose; and shall be free of material errors, omissions, inconsistencies, inaccuracies, deficiencies, or other defects;
c. All materials and equipment furnished as part of the grade separation are of good quality; and d. All grade separation work is performed in a workmanlike manner and conforms to the standards of care and diligence normally practiced by recognized construction firms performing construction of a similar nature in the State of California.

The warranty excludes remedies for damage or defect caused by abuse, modifications not executed by the Authority or its contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage by the City.

Without limiting any rights or remedies of the City, if any defect in any individual Grade Separation Project in violation of the foregoing warranty arises within two (2) years after the date of Final Acceptance of that individual Grade Separation Project, the Authority shall, upon receipt of written notice of such defect and verification of such defect by a reaso nable Authority inspection, remedy any failure to conform to the warranty set forth herein.

5.5 Project Completion and Close-Out

5.5.1 Substantial Completion
The Authority or its contractors shall provide written notice of the Authority’s final walk-through before Substantial Completion for each individual Grade Separation Project to the City. The Authority will share its final punch list and the City may elect to join the Authority during the Authority’s inspection of the individual Grade Separation Project.

The Authority or its contractors shall provide the City with written notice of Substant ial Completion for each individual Grade Separation Project.

The City may then inspect the individual Grade Separation Project and shall provide a reasonable and necessary punch list identifying any items that materially deviate from the ready for construction designs and specifications for those individual grade separation elements to be owned and/or maintained by the City after completion of the individual grade separation, along with its written acceptance of the notice of Substantial Completion of the individual grade separation . Such punch list shall be provided by the City within fifteen (15) days of notice of Substantial Completion. The Authority shall complete the final punch list within a reasonable time following receipt thereof.

5.5.2 Final Acceptance
After the Authority or its contractor submits its written notice of Substantial Completion for an individual grade separation, and the City issues its written acceptance of such notice, then the Authority will provide the warranty referenced in Section 5.4.1. At that time, the Authority shall also request the City’s written California High-Speed Rail Project Ownership and Maintenance Agreement

concurrence that all punch list items identified by the City have been completed by the Authority’s Contractors in a reasonably timely manner. Final Acceptance shall not occur until the City has issued such written concurrence, which shall not be unreasonably withheld , conditioned, or delayed. When the City provides its written concurrence of the punch list items, that concurrence will constitute Final Acceptance, and from that date forward, the City shall have the right to occupy and use the subject, individual grade separation for vehicular or pedestrian crossing, as applicable . The City’s ownership and maintenance obligations, as set forth in Section 5.6, shall commence upon Final Acceptance; however, in the event that the City opens, occupies, and/or uses an individual grade separation for vehicular or pedestrian crossing at any time prior to Final Acceptance, then the City’s ownership and maintenance obligations shall commence immediately.

5.6 Completed Grade Separation Asset Ownership

5.6.1 The Parties’ Respective Ownership Arrangements
As described in Section 5. 6.2, the Authority and the City will each have partial ownership rights to each individual, completed grade separation identified in Section 4.1 . Each Party’s ownership right s and maintenance obligations will commence upon Final Acceptance of the individual grade separation, or upon the City’s opening, occupying, and/or using the individual grade separation for vehicular or pedestrian crossing, whichever occurs first. The City’s concurrence with Final Acceptance shall not be unreasonably withheld or delayed by the City. It is agreed and acknowledged by the Parties that (a) written acceptance by the City of the notice of Final Acceptance of an individual grade separatio n, or (b) upon the City’s opening, occupying, and/or using an individual grade separation for vehicular or pede strian crossing, as applicable, whichever occurs first , prior to the C ity’s receipt of the full amount of the corresponding payment from the Authority pursuant to this O&M Agreement is expressly contemplated by the Parties, and shall not constitute a waiver of the City’s right to the full amount of any such payment as remains due and owing to City under this O&M Agreement.

5.6.2 Physical or Project Element Ownership Limits Descriptions

5.6.2.1 As between the Parties, the Authority shall own and be responsible for:
a. All structural elements of each individual grade separation; b. Embankments, including slope paving within the HSR Right-of-Way; c. All retaining walls within the HSR Right-of-Way, and structural backfill thereupon; d. The Authority’s access roads and access gates;
e. Any and all areas with sealed or restricted access within HSR Right-of-Way; and f. Drainage on structures constructed as part of the HSR Project, carrying Authority facilities within the High-Speed Rail Property.

5.6.2.2 As between the Parties, the City shall own and be responsible for:
a. All roadway signage, striping, and pavement delineation; b. Graffiti abatement on retaining walls outside the HSR Right-of-Way, and on the walls of the underpass beneath the Authority structure;
c. Roadway surface;
d. Embankments outside the HSR Right-of-Way;
e. City access roads and gates;
f. Roadway drainage;
g. Lighting for roadway, vehicle undercrossing, and pedestrian undercrossing; h. Traffic signals;
i. Any and all areas within the City’s right-of-way outside the HSR Right-of-Way; California High-Speed Rail Project Ownership and Maintenance Agreement

j. Metal beam guardrail s, including in -line terminal system, fixtures attaching metal beam guardrails to the concrete structure, and transition railing; k. Concrete barriers;
l. Pump station at Poso Avenue and pump station at 7th Street Amtrak Station underpass; m. Fencing at the undercrossing at Poso Avenue;
Pedestrian hand railing outside the HSR Right-of-Way; and n. Maintenance and cleanliness of the 7th Street Amtrak Station pedestrian underpass tunnel under the HSR Right-of-Way and associated facilities in City’s right-of-way, including, but without limitation, weed abatement, graffiti, and debris removal. 6 7TH STREET AMTRAK PEDESTRIAN UNDERPASS TUNNEL ABANDONMENT-IN-PLACE

6.1 The City has approved the Authority’s design of the 7th Street Amtrak Station pedestrian underpass tunnel within the City and has issued an encroachment permit to the Authority’s Contractor for the tunnel’s construction. The tunnel construction has begun and is expected to be complete by December 31, 2022.

6.2 The City and the Authority recognize that Amtrak service to the City of Wasco may cease within the next ten (10) years or at some time thereafter. If Amtrak or other passenger rail service is discontinued, the City and the Authority agree that the adjacent G Street right -of-way will be restored to its full width and former function. An illustration showing pre-restoration (with tunnel) and post-restoration (without tunnel) conditions of G Street at 7 th Street is attached and incorporated herein as Appendix D.

6.3 When the G Street right -of-way is returned to its pre -tunnel function, any related abandonment, destruction, and/or restoration of G Street will be performed without cost to the City.

6.3.1 Abandonment, Destruction, and/or Restoration Work Any abandonment, destruction, and/or restoration of G Street adjacent to the 7th Street Amtrak Station pedestrian underpass tunnel upon removal of the tunnel will be completed pursuant to a City encroachment permit, and will be performed subject to the following additional requirements:
a. Removal of the Authority’s improvements within the restored right-of-way limits of G Street; b. Installation of fencing along the east side of G Street to match, as closely as possible, the then- existing HSR Right-of-Way fencing along the north and south borders of the area affected by the abandonment, destruction, and/or restoration;
c. Removal, termination, capping, or other appropriate measures for utilities directly impacted by the abandonment, destruction, and/or restoration;
d. Replacement of curb(s), gutter(s), and pavement on G Street adjacent and up to and at least one hundred fifty (150) feet north and south of the area affected by the abandonment, destruction, and/or restoration, as necessary. Pavement will not be a “patch” approach, but full curb-to-curb pavement rehabilitation, including the intersection of G Steet and 7th Street at least to the west curb returns on 7th Street;
e. Installation of street lighting across the east side of G Street to the area affected by the abandonment, destruction, and/or restoration, approximately as shown in Appendix D; f. Installation of Americans with Disabilities Act (ADA) compliant ramps on the east side of G Street in the area affected by the abandonment, destruction, and/or restoration, as legally required, approximately as shown in Appendix D;
g. Installation of appropriate striping of G Street in the area affected by the abandonment, destruction, and /or restoration, including sidewalk striping of the G Street and 7 th Street intersection, approximately as shown in Appendix D;
California High-Speed Rail Project Ownership and Maintenance Agreement

h. Removal of temporary signage, striping, and curb painting in the area affected by the removal of the 7 th Street Amtrak Station pedestrian underpass tunnel and the abandonment, destruction, and/or restoration of same; and
i. Installation of any necessary signage, striping, and curb painting in the area affected by the abandonment, destruction, and/or restoration.

7 MAINTENANCE OBLIGATIONS

7.1 Initiation of Maintenance Obligations
The City’s maintenance obligations, as set forth in Section 5.6, shall commence upon Final Acceptance of each individual grade separation, or upon the City’s opening, occupying, and/or using the individual grade separation for vehicular or pedestrian crossing, whichever occurs first.

7.2 Maintenance Obligations
Unless otherwise provided herein, the Party owning a grade separation element described in Section 5. 6 shall be responsible f or all maintenance and other liability related to ownership of the grade separation element to keep it in a safe and operational state.

The City shall comply with the American Association of State Highway and Transportation (AASHTO) standards, as they may be amended from time to time, in performing its maintenance obligations.

7.2.1 City Maintenance Records
The City shall keep records of all maintenance, repairs, warranty work, corrective work, and component replacements it performs on the completed grade separation elements for which the City is responsible, in accordance with the City’s adopted retention schedule. All such records are subject to the audit provisions in Section 10.6.2.

8 CONDITIONS APPLICABLE TO THE PERFORMANCE OF DESIGN AND

CONSTRUCTION WORK

8.1 City Cooperative Agreement
The City and Authority agree to collaborate as set forth in the Cooperative Agreement.

8.2 Site Access Restrictions

8.2.1 Sealed Corridor Access Policy
HSR Project railroad activities may begin to occur along the segment of the HSR Right -of-Way that intersects with the Grade Separation Project at any time after HSR tracks have been installed. These railroad activities may involve the movement of rail -based equipment and high-speed rail testing equipment and rolling stock. In order to ensure the safety of HSR railroad operations and of persons involved in off -rail activities near the HSR Right-of-Way, access to the HSR Right-of-Way and certain surrounding areas will be controlled, with limited entry, once any railroad activities begin.

The City’s Project Site access rights following Final Acceptance will be pursuant to Access Points. The provisions of this Section 8.2 take precedence over any other provisions hereunder pertaining to Project Site access.

California High-Speed Rail Project Ownership and Maintenance Agreement

Any portions of a grade separation situated within the HSR Right -of-Way shall only be accessible from Access Points. The City shall not use the grade separations, nor allow any third party to use them, for purposes other than those for which the grade separations were designed and constructed. The City shall comply with all applicable federal and California laws, regulations, and rules, as well as all applicable Authority policies, procedures, standards, practices, and agreements in and around the Access Po ints and HSR Right-of-Way.

8.2.2 Right of Entry Permit
Once the Sealed Corridor Access Policy is in effect, if the City requires access to the HSR Right-of-Way to perform any of its obligations or any activities permitted hereunder, the City may request a permit from the Authority for any such access. The City may not utilize any portion of the HSR Right-of-Way for any ground-disturbing repairs or work permitted hereunder without receipt of an Authority permit, such permit not to be unreasonably withheld, conditioned, or delayed. The City may perform its maintenance obligations set forth in Section 5.6 without prior authorization from the Authority , provided that said maintenance is non-ground-disturbing and access to the HSR Right-of-Way is not required to perform such maintenance obligations. In the event of an emergency requiring ground-disturbing repairs or entry into the HSR Right- of-Way, the City shall contact the Authority’s designated emergency telephone number immediately to coordinate such emergency repairs with the Authority. Nothing in this agreement shall be construed as granting the City or its Authorized Representatives any right or authority to enter or cross the HSR Right- of-Way unless the Authority expressly authorizes any such crossing or entry in a separate, written, duly authorized and executed agreement between the parties.

8.3 Limitations on City’s Authority
It is e xpressly understood by City that this O&M Agreement does not authorize the City or its representatives and/or contractors to provide direction to the Authority’s Contractors, with the exception of: (a) any specific provisions to the contrary in the Cooperative Agreement, (b) a specific written delegation of authority from the Authority, or (c) in situations wherein the City has independent legal authority.

In any instances where the City is unable to achieve satisfactory results through its coordination efforts, it may request the Authority’s assistance. However, the Authority is not required to provide such assistance, and is no t responsible for achieving the requested results unless they are specifically a part of the Authority’s obligations hereunder.

If, at any time , the Authority’s Contractor requests directio n from City or its representatives and /or contractors, the City shall refer the request for direction to the Authority’s Grade Separation Project Manager.

In a ny instance in which the Authority’s Contractor claims to have received direction from a City representative, and that such direction resulted in delay costs or other costs, the City shall be liable for any and all such costs if it is determined that the City provided unauthorized direction to the Authority’s Contractor. This determination shall be made by the Authority, subject to the dispute resolution provisions of Section 10.5.

8.4 Schedule Relief Events

8.4.1 Force Majeure
The prevention, delay or stoppage of either party’s performance hereunder due to any cause or causes beyond the reasonable control of the party obligated to perform that are not due to an act or omission of such party and could not have been avoided by due diligence or the use of reasonable efforts by such party, California High-Speed Rail Project Ownership and Maintenance Agreement

shall excuse the performance by such part y for a period equal to the length of such prevention, delay or stoppage (each, a “ Force Majeure ” event). Notwithstanding anything to the contrary set forth in this Agreement, in no event shall a Force Majeure event delay any payment or other monetary obli gation due under this Agreement. If any such Force Majeure event occurs, the party claiming the excuse from performance shall promptly notify the other party in writing of the occurrence and its estimated duration, shall promptly remedy or mitigate the eff ect of the occurrence to the extent possible, and resume performance as soon as the Force Majeure event ends. The other party may, at its option and in addition to all other remedies it may have, demand reasonable assurances of timely and proper performance under this Agreement by the party claiming any such Force Majeure delay, in such form as the other party may require.

If the party claiming the excuse from performance fails or refuses to provide assurances that timely and contractually compliant performance will be resumed within a reasonable time following the occurrence of the Force Majeure event, and in no event later than 90 days thereafter, then the other party shall have the right to terminate this Agreement upon thirty (30) days’ prior written notice thereof. The parties agree that neither is subject to any Force Majeure event as of the date of this Agreement.

8.4.2 Authority Contractor Remedies if Impacted by Third Party In the event the Authority’s Contractor makes any claim against the Authority relating to Grade Separation Project work, the Authority will notify the City of the claim and the City shall cooperate with the Authority in assessing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the City and the Authority’s Contractor shall be in writing, shall be subject to written concurrence by the Authority, and shall specify the extent to which it resolves the claim against the Authority.
9 COST OF WORK

9.1 Authority Cost Responsibilities

9.1.1 Authority Work
The Authority is responsible for its costs associated with property ownership and rights acquisition pursuant to Section 9.1, and its costs of all design, construction, and maintenance work that it has agreed to perform pursuant to this O&M Agreement.

9.1.2 Amount
The Authority agrees to pay the City Two Million Nine Hundred Thousand Dollars ($2,900,000.00) in accordance with the payment schedule appended hereto as Appendix B and incorporated by this reference, to compensate the City for its acceptance of perpetual ownership and maintenance responsibilities for those components of the complete d Grade Separation Project expressly identified in Section 5.6 of this O&M Agreement, and in Appendix C - Maintenance and Responsibilities Matrix attached hereto. This payment is due to a factual, non-speculative showing that there are actual, material costs arising out of the Authority’s design specifications caused by the Authority’s high-speed rail system and the amount of the payment provided for herein has been specifically calculated by the Parties.

The payment to the City by the Authority for each individual grade separation shall be made in accordance with the payment schedule in Appendix B hereto. Each payment shall be made following written acceptance by the City of the notice of Substantial Completion of that individual grade separation and within forty-five (45) days after Authority’s receipt of an undisputed invoice for such payment, as set forth in Section 5.5.1,

9.1.3, and 9.14.

The City shall use the proceeds solely for the purpose of performing its maintenance obligations in accordance with this O&M Agreement. The City may, however, use the cumulative proceeds of such payments for the maintenance, as necessary or appropriate, of any individual grade separations included as California High-Speed Rail Project Ownership and Maintenance Agreement

part of the HSR Project, without reference to the allocation attributed to each individual grade separation, as listed in Appendix B attached hereto.

9.1.3 Invoicing and Payment
The City will invoice the Authority for any amounts due under the terms of the O&M Agreement, in a form approved by the Authority.

Each invoice shall separate all amounts due according to the provisions under which such amounts are owed pursuant to the O&M Agreement.

The City shall provide one (1) paper original and two (2) copies of the invoice for payment. Invoices shall be submitted no more than monthly in arrears and no later than later than thirty (30) calendar days after completion of each billing period or upon completion of a task to:

Finance Office
California High-Speed Rail Authority
770 L Street, Suite 620 MS 3
Sacramento, CA 95814
[email protected]

(1 original and 2 copies)

AND
The City shall also submit one (1) additional copy of the invoice and supporting documentation to the Authority’s Director of Maintenance or designee at the address identified in Section 10.10 - Notices.

9.1.4 Conditions for Payment by the Authority
Payment by the Authority for any amounts invoiced by the City is conditioned on the following:
a. Any submittals associated with invoiced amounts must have been received and determined by the Authority to meet the requirements identified in Section 5.5.1. b. Any other documentation or information necessary to demonstrate entitlement or payment, as reasonably determined by the Authority.

Failure to provide the above information may result in the rejection of the invoice and require resubmission with complete data. Payment will be made within forty -five (45) days after the Authority’s receipt of an undisputed invoice and a copy of the City’s written acceptance of the notice of Final Acceptance of the individual grade separation, or upon the City’s opening, occupying, and/or using the individual grade separation for vehicular or pedestrian crossing, as applicable, whichever occurs first.

10 GENERAL CONDITIONS

10.1 Order of Precedence
In the event of any inconsistency among the provisions of the agreements between the Parties related to the subject matter of this O&M Agreement, the inconsistency shall be resolved by giving precedence in the order set forth below:

California High-Speed Rail Project Ownership and Maintenance Agreement

1. Amendments and change orders to this O&M Agreement;

2. this O&M Agreement; and

3. the Cooperative Agreement.

Notwithstanding the foregoing, in the event of a conflict among any standards or specifications applicable to the HSR Project established by references to a described publication contained in the above-referenced contract documents, the more stringent thereof shall apply regardless of the order of precedence of the documents in which such conflicting provisions are referenced.

Notwithstanding the foregoing, any environmental commitment binding on the Authority or the City shall take precedence over other conflicting provisions regardless of the order of precedence of the documents in which such conflicting provisions are referenced.

The Parties shall not take advantage of any apparent error, omission, inconsistency, inaccuracy, deficiency, or other defect in the O&M Agreement documents. The Parties shall promptly notify each other of all errors, omissions, inconsistencies, inaccuracies, deficiencies , or other defects they may discover in the O&M Agreement documents and shall obtain specific instructions in writing from the non-notifying Party before proceeding with the work affected thereby.

10.2 Survival
The dispute resolution provisions contained in Section 10.5; all provisions addressing the technical, quality, and safety standards applicable to design, construction, and maintenance work; and all other provisions that by their inherent character should survive termination of this O&M Agreement, shall survive the termination of this O&M Agreement.

10.3 Representations and Warranties

10.3.1 Authority Representations and Warranties
The Authority is an agency of the State of California. The Authority’s obligations in this O&M Agreement are within the Authority’s legislatively granted powers, and the execution of the O&M Agreement and the performance of the Authority’s obligations hereunder have been duly authorized and approved by Authority staff with appropriate authorization.

10.3.2 City Representations and Warranties
The City is a California municipal corporation with the ful l statutory power to enter into this O&M Agreement and carry out the City’s obligations hereunder. This O&M Agreement has been executed by a duly authorized representative of the City, and the performance of the City’s obligations hereunder, as well as the expenditure of any funds it has committed to make hereunder, have been properly authorized pursuant to all required internal procedures applicable to the City.

10.4 Successors and Assigns
This O&M Agreement shall be binding upon and inure to the benefit of the Authority and the City and their permitted successors, assigns, and legal representatives.

The City shall not assign all or any portion of this O&M Agreement without the prior written consent of the Authority, which shall not be unreasonably withheld.

Without the City’s consent, the Authority may assign all or any portion of the O&M Agreement to any person who or entity that succeeds to the governmental powers and authority of the Authority.

California High-Speed Rail Project Ownership and Maintenance Agreement

10.5 Dispute Resolution
The Authority and the City agree that the dispute resolution process in the Cooperative Agreement applies to disputes that arise pursuant to this O&M Agreement.

10.6 Termination
In the event of breach or failure of performance by the City under this Agreement, including any failure to perform the Agreement requirements at the time or in the manner provided herein , the Authority will provide ten (10) days’ prior written notice thereof to the City. Should the City cure any such breach or failure of performance and provide written documentation thereof to the Authority within such ten (10) days, and the Authority confirms in its sole discretion that the breach has been cured, then this Agreement shall not be terminated due to such breach.

If a breach is curable but by its nature cannot be cured within 10 days, as reasonably determined by the Authority, then the Authority may agree not to terminate this Agreement provided the City commences curing such breach within the 10 -day period and the reafter prosecutes such cure to completion with reasonable diligence within a reasonable period of time thereafter. Written documentation of the cure completion must be provided to the Authority on or before the date of completion. In the event that the City fails to cure such breach within such reasonable period of time, the Authority, at its option, shall have the right to either terminate this O&M Agreement, or complete the remainder of the cure work and receive reimbursement therefor from the City, or allow the City to continue to prosecute the cure to completion.

The Authority may terminate this O&M Agreement without cause upon thirty (30) days’ prior written notice to the City. Upon any such termination, each Party’s obligations under the Agreement shall automatically terminate except those obligations intended to survive the termination, including those listed in Section

10.6.1 and 10.6.2, Record Retention and Audit Rights.

In the event of any such termination, the Authority may proceed with work in any manner deemed proper by the Authority.

10.6.1 Record Retention
For the purpose of determining compliance with Public Contract Code section 10115 et seq. and California Code of Regulations , Title 21, Division 2, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance of th is O&M Agreement pursuant to Government Code section 8546.7, the City and the Authority shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this O&M Agreement, including but not limited to the costs of administering this O&M Agreement. All Parties shall make such materials available at their respective offices at all reasonable times during the term of this O&M Agreement and for three (3) years after final payment under this O&M Agreement. This provision shall survive the termination of this Agreement for a period of three (3) years.

10.6.2 Audit Rights
The Authority, the Department of General Services, the Bureau of State Audits, or any duly authorized representative having jurisdiction under any laws or regulations shall have access to any books, records, and documents of the City that are pertinent to the O&M Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. This provision shall survive the termination of this Agreement for a period of three (3) years.

Any sub-agreement in excess of $10,000.00, entered into as a result of this O&M Agreement, shall contain all the provisions of this clause.

California High-Speed Rail Project Ownership and Maintenance Agreement

10.7 Notice of External Legal Actions
Each Party agrees to promptly provide the other Party with written notice of any lawsuits, administrative proceedings, or other legal actions initiated against them that may affect the Grade Separation Project or the other Party’s interests in the Grade Separation Project.

10.8 Notice of Labor Disputes
If the City has knowledge that any actual or pot ential labor dispute is delaying or threatens to delay the timely performance of its work under this O&M Agreement, the City shall promptly give notice, including all relevant information, to the Authority.

10.9 Applicable Law and Venue
This O&M Agreement shall be governed by and construed in accordance with the Constitution and laws of the State of California, without regard to conflict of law principles. Venue for any arbitration action and all legal actions shall lie exclusively in Sacramento County, California.

10.10 Notices
All required notices may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail, and shall be deemed to have been received by the end of five (5) business days from the proper sending thereof, unless proof of prior actual receipt is provided, in which case service is effective on the date of actual receipt. The City shall have a continuing obligation to notify the Authority of the appropriate persons to whom notices shall be sent pursuant to this O&M Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses:

If to the City: City of Wasco
Person in Charge: City Manager
Address: 746 8th Street
Wasco, CA 93280

With a copy to:

City of Wasco
City Clerk
746 8th Street
Wasco, CA 93280

If to the Authority:

Authority: California High-Speed Rail Authority
Person in Charge: Director of Maintenance
Address: 770 L Street, Suite 620 MS 3
Sacramento, CA 95814

With a copy to:

California High-Speed Rail Project Ownership and Maintenance Agreement

Authority: California High-Speed Rail Authority
Chief Counsel: Alicia Fowler
Address: 770 L Street, Suite 620 MS 1
Sacramento, CA 95814

10.11 Authorized Representatives
The following persons are authorized to act on behalf of a Party in performance of any duty or exercise of any right under this O&M Agreement:
a. Any person identified in Section 10.10 above; and
b. Any person, employee , or agent of a Party, company, public agency , or other organization designated by a Party in writing. Such writing shall specifically set forth the matters relating to this O&M Agreement for which such person is authorized to act on behal f of the Party providing the authorization.

10.12 Entire Agreement
This O&M Agreement is intended to be the Parties’ final expression of their agreement, and supersedes all prior oral understandings or writings. The Parties acknowledge that the Authority is currently in the process of finalizing new regulations that will govern certain procedural aspects of Grade Separation Project work.

To the extent that any such procedure is finalized after the date of this Agreement , the Authority shall immediately notify the City of the new regulation and provide a copy of said regulation to the City. The Parties will execute a formal written amendment if any changes to the commitments made in this O&M Agreement are necessary as a result of the new regulation. Signatories may execute this O&M Agreement through individual signature pages , provided that each signature is an original. A waiver of a Part y’s performance under any provision of this O&M Agreement will not constitute a continuous waiver or a waiver of any other provision of this agreement. An amendment made to any article or section of this O&M Agreement does not constitute an amendment to , or negate any other articles or sections of this O&M Agreement, except to the extent expressed in any such amendment.

10.13 Severability
If any provisions in this O&M Agreement are deemed to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other O&M Agreement provisions invalid, inoperative, or unenforceable, and those illegal, inoperative , or unenforceable provisions will be automatically severed from this O&M Agreement.

10.14 State Funds
No state funds or resources are allocated or encumbered as against this O&M Agreement, and the Authority’s obligations and duties expressed herein are conditioned upon the passage of the annual State Budget Act, the allocation of funds by the California Department of Finance, and the encumbrance of funds.

10.15 Federal Requirements
The City understands that the Authority has received federal funding from the Federal Railroad Administration (“FRA”) for the HSR Project and acknowledges that the City is required to comply with all applicable federal laws, regulations, policies, and related administrative practices, whether or not they are specifically referenced herein. The City acknowledges that federal laws, regulations, policies, and related administrative practices may change , and that such changed requirements will apply to the HSR Project.

California High-Speed Rail Project Ownership and Maintenance Agreement

The City shall ensure compliance by its subcontractors and include appropriate flow down provisions in each of its lower-tier subcontracts as required by applicable federal laws, regulations, policies, and related administrative practices, whether or not specifically referenced herein.

Notwithstanding anything to the contrary contained in this O&M Agreement, all FRA -mandated terms, attached and incorporated herein as Appendix E, shall be deemed to control in the event of a conflict with other provisions contained in this O&M Agreement. The City shall not perform any act, fail to perform any act, or refuse to comply with any Authority requests that would cause the Authority to be in violation of FRA requirements.

10.16 Incorporation of Appendixes
All Appendixes attached to and referenced within this O&M Agreement are incorporated herein by such reference, including Appendix A (Detailed Scope of Work and Maps) , Appendix B (Budget Table), Appendix C (Maintenance and Responsibilities Table), Appendix D (Amtrak Pedestr ian – G Street Restoration) and Appendix E (Federal Requirements).

10.17 Counterparts
This O&M Agreement may be executed in any number of counterparts . Each such counterpart shall be deemed to be an original instrument . A ll such counterparts together shall cons titute one and the same instrument. Counterparts of this O&M Agreement may be exchanged via email or other electronic means, and any email or other electronic exchange of a Party’s signature, or any digital signature of a Party, that complies with the Uniform Electronic Transactions Act shall be deemed to be an original signature for all purposes.

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California High-Speed Rail Project Ownership and Maintenance Agreement

IN WITNESS WHEREOF, the P arties hereto have executed this O&M Agreement on the dates set forth below. This O&M Agreement shall be effective as of the date of the last signature below.

LOCAL AGENCY:

City of Wasco,
a California municipal corporation

Signature __________________________________________ Date: _____________________ Typed Name: M. Scott Hurlbert
Typed Title: City Manager

Approved as to form:

Signature __________________________________________ Date: _____________________ Typed Name: Thomas Schroeter
Typed Title: City Attorney

AUTHORITY:

California High-Speed Rail Authority,
an agency of the State of California

Signature __________________________________________ Date: _____________________ Typed Name: Brian Kelly
Typed Title: Chief Executive Officer

Signature __________________________________________ Date: _____________________ Typed Name: Bruce Armistead
Typed Title: Director of Operations and Maintenance

Approved as to form:

Signature __________________________________________ Date: _____________________ Typed Name: Alicia Fowler
Typed Title: Chief Counsel

F

S
T
A
SP
H
A
S
P
H
A
SP
H
13TH ST
W
A
S
C
O

AV
E

FRESNO TO BAKERSFIELD

CALIFORNIA HIGH-SPEED TRAIN PROJECT
PATH:$FILEL$
PLOT DATE: $DATE$ $TIME$ FILE LAST SAVED DATE: $LASTSAVEDDATETIME$ PENTABLE: $PENTBLL$ W30x90W30x90


WASCO AVE

HST
(WITH FASCIA WALL)

CIDH PILE WALL

CAST IN PLACE WALL

BNSF BRIDGE STRUCTURE

HST BRIDGE STRUCTURE

BNSF ROW

HST ROW

CITY ROW

BNSF ROW

HST ROW
& RAILING

CONCRETE BARRIER
& FENCING

BARRIER

CONCRETE

WASCO AVENUE BRIDGE

BNSF ROW
B
N
SF

POSO AVE

CONCRETE WALL

CAST IN PLACE

PILE WALL

PILE WALL

HSR ROW

BNSF STRUCTURE

CITY ROW

CITY ROW

F

S
T
G

S
T
W
A
S
C
O

AV
E

HSR STRUCTURE

WASCO AVE OVERCROSSING
J

S
T

CITY ROW

CITY ROW

CITY ROW

CITY ROW

SIDEWALK

PUMP STATION

ITEM QUANTITY UNITS
LF
SQ FT
SQ FT
SQ FT

CONCRETE BARRIER

CAST IN PLACE WALL

WALL GRAFFITI

CIDH PILE WALL
(WITH FACIA WALL)

WASCO AVENUE BRIDGE

POSO AVENUE AND WASCO AVENUE OVERCROSSING

CITY OF WASCO RESPONSIBILITY
1 1
EA
LF
EA

PROFILE

CAST IN PLACE WALL

POSO AVENUE PROFILE
APPENDIX A - SHEET 1 OF 2
420
4,580
18,800
23,800
4,490
SECTION 5.7.2
SEE OWNER & MAINTENANCE AGREEMENT 1.NOTES:

FRESNO TO BAKERSFIELD

CALIFORNIA HIGH-SPEED TRAIN PROJECT
PATH:$FILEL$
PLOT DATE: $DATE$ $TIME$ FILE LAST SAVED DATE: $LASTSAVEDDATETIME$ PENTABLE: $PENTBLL$ A

TO BAKERSFIELD

THIS SHT

TO FRESNO BNSF ROW

HSR ROW
HSR NB
HSR SB

HSR ROW

STATIONPUMP

G STREET

COW ROW

HSR ROW

HSR ROW

BNSF ROW

PEDESTRIAN RAMP

PEDESTRIAN RAMP
STAIRS
STAIRS

BNSF TRACK

CROSS SECTION
BERM
STREET
7TH

G STREET

HAND RAIL
ACCESS

AMTRAK PLATFORM

BARRIER

INTRUSION PROTECTION

SIDEWALK

ITEM QUANTITY UNITS
LF
SQ FT
SQ FT
EA
LF

AMTRAK PEDESTRIAN UNDERPASS
APPENDIX A - SHEET 2 OF 2
7TH STREET AMTRAK PEDESTRIAN UNDERPASS

CITY OF WASCO RESPONSIBILITY

PUMP STATION

RETAINING WALL

HANDRAIL

PEDESTRIAN RAILING
1 WALL GRAFFITI

SIDEWALK

PEDESTRIAN UNDERPASS

PLAN VIEW
BERM
15,100
16,300
1,900
980

OF AMTRAK PEDESTRIAN UNDERPASS
WALL GRAFFITI INCLUDES ALL SURFACES 2.

SECTION 5.7.2
SEE OWNER & MAINTENANCE AGREEMENT 1.

NOTES:

COW ROW
California High-Speed Rail Project Grade Separation
Ownership and Maintenance Agreement

Appendix B
City of Wasco Grade Separation Amounts

Asset Type

Amount
Poso Avenue Underpass $2,100,000
Amtrak Pedestrian Underpass $700,000
Equipment $100,000

Total $2,900,000

Appendix C
Maintenance Responsibility Matrix
Authority and City of Wasco
Feature

Authority City
All structural elements of each individual grade separation X Embankments, including slope paving within the HSR Right-of-Way X All retaining walls within the HSR Right-of-Way, and structural backfill thereupon X The Authority’s access roads and access gates X
Any and all areas with sealed or restricted access within HSR Right-of-Way X Drainage on structures constructed as part of the HSR Project, carrying Authority facilities within the HSR Right-of-Way
X
All roadway signage, striping, and pavement delineation X Graffiti abatement on retaining walls outside the HSR Right-of-Way, and on the walls of the underpass beneath the HSR structure
X
Roadway surface X
Embankments outside the HSR Right-of-Way X
City access roads and gates X
Roadway drainage X
Lighting for the roadway, vehicle undercrossing, and pedestrian undercrossing X Traffic signals X
Any and all areas within the City’s right-of-way outside the HSR Right-of-Way X Metal beam guardrails, including in-line terminal system, fixtures attaching metal beam guardrails to the concrete structure, and transition railing X
Concrete barriers X
Pump station at Poso Avenue and pump station at 7th Street Amtrak Station pedestrian underpass
X
Fencing at the undercrossing at Poso Avenue X
Pedestrian hand railing outside the HSR Right-of-Way X Maintenance and cleanliness of the 7th Street Amtrak Station pedestrian underpass tunnel under the HSR Right-of-Way, and associated facilities in City’s right-of-way, including, but without limitation, weed abatement, graffiti, and debris removal X

City of Wasco – Ownership and Maintenance Agreement
HSR 2x-xx