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HomeMy WebLinkAboutA6956 - UNION PACIFIC RAILROAD - HIGHWAY OVERPASS CROSSING AGREEMENT UPRR Folder No.: 2816-73 UPRR Audit No.: PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT Indian Canyon Drive—DOT No. 760705M Railroad Mile Post 588.35—Yuma Subdivision Palm Springs, Riverside County, California k THIS AGREEMENT ("Agreement") is made and entered into as of the IT day of 2017 ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha,Nebraska 68179 ("Railroad") and CITY OF PALM SPRINGS,a municipal corporation or political subdivision of the State of California to be addressed at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 ("Public Body"). RECITALS: By instrument dated August 18, 1952, the Southern Pacific Company and the County of Riverside("County")entered into an agreement(the"Original Agreement"),identified in the records of the Railroad as Folder 2816-73, SP Deed Custodian No. 45660, covering the construction, maintenance,use and repair of the Indian Canyon Drive grade-separated public road crossing,(DOT No.760705M),at Railroad's Mile Post 588.35 on the Railroad's Yuma Subdivision at or near Palm Springs, Riverside County, California. The Railroad named herein is successor in interest to the Southern Pacific Company. The Public Body desires to undertake as its project(the "Project")the reconstruction of the existing grade-separated public road crossing for Indian Canyon Drive, (DOT 760705M) at Railroad's Mile Post 588.35 on the Railroad's Yuma Subdivision at or near Palm Springs,Riverside County, California (the"Roadway"), which currently exist as a 2-lane(4-span)bridge,but will be reconstructed into a new 6-lane (2-span)bridge, including sidewalks and fencing. The Roadway location is shown on the Railroad Location Print marked Exhibit A and detailed specifications set forth in the Detailed Prints marked Exhibit A-1,with each exhibit being attached hereto and hereby made a part hereof. The entire portion of the Roadway located within the Railroad's right of way is deemed and defined as the "Crossing Area". The land area encompassed by the right of way granted by Southern Pacific Company to the Public Body under the terns of the Original Agreement is sufficient to allow for the reconstruction of the grade-separated bridge structure in the Roadway, but the right of way granted under the Original Agreement is not sufficient for the necessary bridge footings and slope improvements for the newly planned Roadway. Therefore,under this Agreement,the Railroad will be granting additional rights 120056T1 ORIGINAL BID ANDIOR AGREEMENT to the Public Body for slope improvements, bridge footings, and temporary construction rights to facilitate the reconstruction of the Roadway. The portion of Railroad's property that Public Body needs to use in connection with the Roadway is described in the Legal Descriptions and shown on the Survey Prints marked Exhibit A-2, Exhibit A-3, Exhibit A-4 and Exhibit A-5, with each exhibit being attached hereto and hereby made a part hereof(the "Crossing Area"). The Railroad and the Public Body are entering into this Agreement to cover the above. AGREEMENT: NOW,THEREFORE, based upon the foregoing Recitals,which the parties hereto deem true and correct and incorporated herein, and in consideration of the payments and other obligations set forth below, it is mutually agreed by and between the parties hereto as follows: ARTICLE 1. EXHIBIT B The General Terms and Conditions marked Exhibit B,are attached hereto and hereby made a part hereof. ARTICLE 2 - GRANT OF EASEMENT A. For and in consideration of the sum of Twenty Four Thousand Three Hundred Dollars ($24,300.00),to be paid by the Public Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the City's agreement to perform and comply with the terms of this Agreement,the Railroad hereby grants to the Public Body the right to construct, reconstruct, maintain, and repair the Roadway over and across the Crossing Area,including the right to construct,maintain,and repair slope improvements to +/- 9761 sq. ft. and to construct, use, repair, and maintain new bridge footings across +/- 4117 sq. ft. of the Crossing Area as described in the Legal Description attached as Exhibit A-2 (APN 669-070-007 & 669-100-006). For and consideration of Forty Eight Thousand Three Hundred Dollars($48,300.00),the Railroad hereby grants to the Public Body, for purposes of constructing the Roadway, temporary construction easement rights as to +/-59,877 sq.ft. of Railroad's property shown and described on Exhibit A-4. The Public Body's use of such property shall be subject to the terms and conditions of this Agreement and the obligation of Public Body and its contractors to comply with such provisions. The temporary rights granted herein shall commence as of the effective date of this Agreement and continue for thirty six(36)months, or until the Project has been completed, whichever occurs earlier. ARTICLE 3. DEFINITION OF CONTRACTOR For purposes of this Agreement the term "Contractor" shall mean the contractor or contractors hired by the Public Body to perform any Project work on any portion of the Railroad's property and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents, and others acting under its or their authority. 1200567.1 • ARTICLE 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT-INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Public Body shall require the Contractor to: • execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor's Right of Entry Agreement; and • provide such insurance policies,certificates,binders and/or endorsements to the Railroad. B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit E,attached hereto and hereby made a part hereof. The Public Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies,binders,certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UPRR Folder No. 2816-73 D. If the Public Body's own employees will be performing any of the Project work,the Public Body-may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. ARTICLE 5. FEDERAL AID POLICY GUIDE If the Public Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. ARTICLE 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The Public Body agrees that no Project costs and expenses are to be home by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project. ARTICLE 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO PUBLIC BODY; PUBLIC BODY'S PAYMENT OF BILLS A. The work to be performed by the Railroad, at the Public Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate dated March 24, 2016, marked Exhibit C ("Railroad's Work"), attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's Work associated with the Project is $850,000.00. 1200567.1 • B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Public Body in the event the Public Body does not commence construction on the portion of the Project located on the Railroad's property within six (6)months from the date of the Estimate. C. All flagging costs incurred by the Railroad are to be directly billed to and paid by the Contractor within thirty(30) days of the Contractor's receipt of such billing. . If such. billing to Contractor is unpaid after thirty(30) days of Contractor's receipt therefore, Railroad shall notify the Public Body of its Contractor's failure to pay, and Public Body agrees that it will promptly pay the Railroad for any such unpaid flagging costs within thirty (30) days of Railroad's notice. All other costs incurred by the Railroad are to be paid by the Public Body D. The Railroad shall send progressive billing to the Public Body during the Project and final billing to the Public Body within one hundred eighty(180) days after receiving written notice from the Public Body that all Project work affecting the Railroad's property has been completed, excluding flagging costs which shall be directly billed to the Contractor. E. The Public Body agrees to reimburse the Railroad within thirty(30) days of its receipt of billing from the Railroad for one hundred percent(100%) of all actual costs incurred by the Railroad in connection with the Project including,but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. ARTICLE 8. PLANS A. The Public Body,at its expense,shall prepare,or cause to be prepared by others,the detailed plans and specifications for the Project and submit such plans and specifications to the Railroad's Assistant Vice President Engineering-Design,or his authorized representative,for prior review and approval. The plans and specifications shall include all appurtenances, associated drainage,shoring,sheeting and excavations for bents and/or abutments next to or adjacent to the Railroad's tracks and, if applicable,all demolition and removal plans for the existing structure. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering-Design,or his authorized representative,are hereinafter referred to as the"Plans". The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. Upon completion of the Roadway, the Public Body, at its expense, shall furnish to the Railroad two (2) sets of reproducible "as constructed" Plans of the Roadway. E. The Railroad's review and approval of the Plans will in no way relieve the Public Body or the Contractor from their responsibilities,obligations and/or liabilities under this Agreement,and 1200567.1 • will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Public Body or Contractor on the Plans is at the risk of the Public Body and Contractor. ARTICLE 9. NON-RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics,pipelines,wielines,communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Public Body mutually agree in writing to: i. deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, ii. deem the Non Railroad Facilities part of the Roadway, and iii. supplement this Agreement with terms and conditions covering the Non Railroad Facilities. ARTICLE 10. RAILROAD'S COORDINATION REQUIREMENTS The Public Body, at its expense, shall ensure that the Contractor complies with all of the terms and conditions contained in the Railroad's Coordination Requirements that are described in Exhibit D, attached hereto and hereby made a part hereof, and other special guidelines and/or requirements that the Railroad may provide to the Public Body for this Project. ARTICLE 11. EFFECTIVE DATE; TERM; TERMINATION A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad's property. 1200567.1 • B. The Railroad,if it so elects,may terminate this Agreement effective upon delivery of written notice to the Public Body in the event the Public Body does not commence construction on the portion of the Project located on the Railroad's property within 18 months (18)months from the Effective Date, (the "Commence Date"). To the extent the Public Body, for reasonable cause, is unable to commence construction by the Commencement Date, the Railroad may extend the Commencement Date for such extended period of time as may be reasonably necessary at the Public Body's request. C. If the Agreement is terminated as provided above, or for any other reason,the Public Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including,without limitation,all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. ARTICLE 12. CONDITIONS TO BE MET BEFORE PUBLIC BODY CAN COMMENCE WORK Neither the Public Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: i. The Railroad and the Public Body have executed this Agreement. ii. The Railroad has provided to the Public Body the Railroad's written approval of the Plans. iii. Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies,certificates,binders,and/or endorsements required under the Contractor's Right of Entry Agreement. iv. Each Contractor has given the advance notice(s)required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contractor's Right of Entry Agreement. ARTICLE 13. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Public Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. ARTICLE 14. ASSIGNMENT, SUCCESSORS AND ASSIGNS A. Public Body shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above,this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Public Body. ARTICLE 15. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Public Body will be receiving American Recovery and Reinvestment Act("ARRA") funding for the Project,the Public Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Public Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a"recipient"receiving ARRA funding directly from the federal government and, therefore, 1200567.1 i. the ARRA reporting requirements are the responsibility of the Public Body and not of the Railroad, and ii. the Public Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Public Body also confirms and acknowledges that i. the Railroad shall provide to the Public Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and ii. such standard and customary billing and documentation from the Railroad provides the information needed by the Public Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Public Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 9 of Exhibit B of this Agreement. ARTICLE 16. AGREEMENT AS SUPPLEMENT The Original Agreement shall be supplemented by this Agreement. In the event of any conflict between the Original Agreement and this Agreement, the terms and provisions of this Agreement shall control. 1200567.1 IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tux ID#94-6001323) By: V*,+-Y-f DANIEL A. LEIS General Director Real Estate ATTEST: CITY OF PALM SPRINGS By B 2h�G('F;WI Cil�y u�(1` Printed Name:baLW,/� Y�1 Title: CL 14-tA /A""e r (SEAL) Pursuant to Resolution/Order No. :=Z47 � dated: ,20 hereto attached. ATKX APPROVED BY C11Y COUNCIL f 1200567.1 • EXHIBIT A To Public Highway Overpass Crossing Agreement Cover Sheet for the Railroad Location Print 1200567.1 I EXHIBIT "A" ti-®-'' RAILROAD LOCATION PRINT ACCOMPANYING A CONSTRUCTION & MAINTENANCE AGREEMENT/CONTRACTOR'S RIGHT OF ENTRY AGREEMENT . eI —i 'iafiMl N.£q!E CFDfR7�•t,10 RAW 4VFWF.O❑ 'U�iT C6?i�IA IIJWW SJENUEpp RR MP 588.35 (DOT 760705M), n j 4 UNION PACIFIC RAILROAD COMPANY YUMA SUBDIVISION RAILROAD MILE POST 588.35 PALM SPRINGS,RIVERSIDE COUNTY,CA To accompany an Agreement with the CITY OF PALM SPRINGS and its Contractors UPRR Folder No.2816-73 Date:February 15,2017 WARNING IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVAN(I u ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE:14800)336-9193 Exhibit A Railroad Location Print EXHIBIT A- I To Public Highway Overpass Crossing Agreement Cover Sheet for the Detailed Prints 1200567.1 -D.55•r. STANDARD PLANS DATED 2010 .4 0% 860.00'VC Sheet No, Title R/C 0,5291% / Ste AIOA Abbreviations (Sheet I Of 2) Ete 139.10' Ele 1708.93' At OB Abbreviations (Shoe* 2 Of 2) Ebv 694.10' Elev y08.93' A10C Lines And Symbols (Sheet 1 Of 3) PROFILE GRADE A1Oo Lines And symbols ISheet 2 Of 3) No Scale ALOE Lines And Symbols (Sheet 3 Of 3) A10F Legend - Soil (Sheet 1 of 2) Al Legend - Soil (Sheet 2 of 2) A10H Legend - Rock Total length = 327'-9"measured along "IC"Line A62C. Limits Of Payment For Excavation and BB EB Backflll Bride. 173'-4" 154'-5" 80-1 Bridge Details 80-3 Bridge Details 80-5 Bridge Details UPRR No. 2 UPRR Mainline 80-13 Bridge Details track No. t track 82-5 Pile Details Class 90 And Class 140 B3-1 Retaining Mall Type I - H = 4'Through 30' _ ------ ---+^----"' RSP 113-5 Retaining Wall Details No. 1 7�� 3 Amtrak ,/ Q B6-21 joint Seals IMoaimum Movement Rating = 2"1.••• BT-I Box Girder Details_ Ro,IwoY �Y�FG 811-5 Tuiula D.rdlo Box Girder .._yy- Bll-52 Tubular HanBoilin. Abut 1 w4in veri tlr = 23'-6" •• ---------- Abut 3 B11-52 CDOin Link Boiling.Type 1 ' Bent 2 B11-54 Concrete Barrier Type 742 141 141 143 144 145 146 T3A Temporary Railing (Type N) '.. Datum el ev =6J0.00" I I T3B Temporary Roiling (Type M) Standard plan sbeef no. ELEVATION Detail no. 1" 30' _ INDEX TO PLANS m RR P/W Toe of BB 142t20.52 fill typ UPRR Mainline No. I track 1'/1:1 or shallower,typ Sheet No. Title • Nr11,E lev IOt.TI' W PR No.2 *rock n tYP noriz U ', 1 General Plan No. I i cir RR R/W�, 2 General rol Plan No.2 t city R/W 3 Deck CpntOurs Top of f! 4 Foundation Plan City fl/W J �~ O1 Id, 5 Abutment 1 Layout ------ 1 ry % 6 Abutment 3 Layout AA.-.-.-•-`-`N_"-.-•-•-•--- ----- - 4BCR,00d see l ADutm¢nt Details NO. 1 -________ -_.___.F-.�..�„_, "Rood Plans' 6 Abutment Details No.2 a to P.L. Sprin - y 4 — ___ 9 Abutment Details No. 3 l8'4 i'4]"skew, type, 10 Abutment Details No.4 i Y gs —.__._._._.._.._.._.._.._.._.._._.._. 11 Retaining Wall No. 1 .__ a 141 42 •� "+3 ,�, 145 %146 — 12 Retaining Wall No.2 I C'•Llne ,1 13 Retaining Wall Details NO`19'I G'F �f'144 14 Bent LFYFUt _ 15 Bent Details _______________Ok S 1 To Twentyrine Palms Hwy b 16 Typical YPlcal Section No. 1 17 Typical Section No.2 18 Girder Layout 19 Reiber Layout Details MBC R,typ w / EB 11 b48.2T 20 Reinforcement Details - See "Hood PIanS' \ 'r9C R uture Elev - 108.1Y 21 Structure Approach Type N(30s) y n. `F track ya %•\ 22 Structure Apo r Fall Drainage Details ^;-- y " ----CCit-Y-R/w --- 23 Slope Paving - Pull Slope i 5; 25 Chain Link Railing [type 31 City R/W O• 25 Log of.Test Boringss I of 3 RR R/W LEGEND 26 Log of Test Borings 2 of 3 \—RR R/W 27 Log of lest Borings 3 of 3 I7'-0"2 Face Of -----Denotes exist St,.ct,re (to be removed) Otuim.rt IQ Structure Approach type NI3051 �1waMgy Exist bridge (2)Slope paving DOKK EN Ito De removed) PLAN �Railrood lighting, See "Electrical Plans" °r o 4 um,h He^ 1,y\tpy®x x o 1 .......F NOTE* ©Pain( "Bridge No.56C-0025" faN:*aL rmE IILI onxken En eerinq 1 - 30 1.For General Notes,see "Deck 5 Paint "Indian Canyon Drive Overheod"6 year completed rY µ�zsoo 41101 Mi ncglIDsrer Ra•Sint.20, •f�lv Ce 93590 Contours"5"SDBe t. Q11,Poiof of in Veri Clea ra nCB 1951 506-8995 xoNS4H tlENCH YANs: ELEv. w,�a,wswn vwwisn r� ...r wwR9 : . SHEET YIV-103JJ ne.u' KID 291 w, n4sl " C[TY OF PALM SPRINGS, CALIFORNIA C.G.T.Brass Disc I in wc. CM memWllm 4f YCtiw R W 29 larnsDlO]Yu1M M$'I¢1 Eos1,S.B.fi.Y r kly rHn rerc.s'y e`r •�= rk .,..r .„ ]NDIAN CANYON DRIVE OVERHEAD r Em*wmi,m-.P.P(raw IMion Ave i0 GENERAL PLAN N0. 1 a 27,,,n. IC"Line ,I LEGEND 94 10 Denotes exist structure li "IC"Line 50" 5" 44'-5` ®Denotes exist structure removal 50'-5" lO stage 1 Construction 30'-0" I 20"-5" U Stage 2 Construction Stage 2 Tara Hie JO'-0'Q O O deta' 1 • 60"-0" 2 0 Stage 3 Construction Temporarynailing T r 011aenment 2'-0' Q 2'-D• Completed I•-0' 5'-D" 5'-0" 9 Type K (fo 3 0 12'-0" 36'-O' 4'�0" 3 N 12"-0' 36•-O' S'-0' 1'-5" its,see "Girder Lay aU 1"Sheet Lane configuration QS Concrete Barrier Type 742 (Mod) Sta e I Traffic 3 5 1 -5' ] 4'-10" I�Ip1f0'') °2_g� wI fupuIII MM railing 4O Q C I Profile Grade Closure pour -2Y. ] T 6 2 ©Concrete Bar r'er TYOe 142 w/ W _ T. is ® g SIR, Chain Link Railing Type T (Mod) DO i s _.. _ _ r;i � --• Qi Chain Link Railing type 3 on 1'-0"curb h A_ A -.._.1.. ' Q CIP P/S OA OE OD _ CIP P/S box girder ® EO D .� box girder •-5.._..__ _ ,: p._. UTILITY LEGEND Q 65A"p Gas Line in 12y4"a Steel Casing (SoCol Gas) BQ 6-6"Duct Bank (SCE) © 4"Conduit for Fiber Optic (Sprint) Remove Exist brltlge 2'-6"thick pierwoll,typ exist OQ 24 H x 32'W Opening for Future Utlity brIage @EQ 6-6"PVC Conduit (SCE) FQ 4'Conduit for Fiber Optic (Time Warnerl ---------------- „�All pile3 not shown All piles not shown STAGE 1 STAGE 2,STAGE 3 AND COMPLETED QUANTITIES TYPICAL SECTION Item Total TEMORAHY RAILING IIYPE K) 1,164 LF BRIDGE REMOVAL 1 LS STRUCTURE EXCAVATION (BRIDGE) 2,file CUYD RAILROAD GENERAL NOTES STRUCTURE EXCAVATION (RETAINING WALL) 470 CUYD STRUCTURE BACKEILL (BRIDGE) 1,58T CUYD 1. The proposed grade sC `Oc hen Cti,Sproject shall to increase STRUCTURE BACKFILL (RETAINING WALL) 632 CUYD the quantiiz ant/or a/0rocter ogin of me flow in the Re,lrood's dirt nea and/or draintlge structures. FURNISH PILING SS 140 1401 9,238 LF DRIVE PILE (CLASS 1N- 238 EA 2 verifiedbeforefb the ey;nni'l consfrucffanl AAt P d4sclrcPsanaies! PRESTRESSING CAS I-IN-PLACE CONCRETE I LS ottthee affiliation of the�Ra tlrroad onion Pd construI be cttion rough STRUCTURALSTRUCTURE CCCONCRETE BBRIDGERIDGE FOOTING 3,1 Z3 CUYD J. in. contractor must submit a proppOOSed mlih00 Of STRUCTURE CONCRETE,RETAINING WALL I74 CUYD erosion and sediment control and Mve the ethod STRUCTURAL CONCRETE,APPROACH SLAB (TYPE NO 211 CLYD 0 Strut+ural Concrete,Bridge approved by the Railroad. DRILL AND BOND DOWEL 1,517 LF 4. All sharing systems Gtm that •m OCt the Railroad's JOINT SEAL (MP 2") 294 LF BAR REINFORCING STEEL (BRIDGE) 693,000 LB ® Struc-ural Concrete,Approach Slab operations shall be designed and constructed per current Railroad Guidelines for Temporary Smori". BAR REINFORCING STEEL IRE tAINING WALL( 21,40T LB Structural Concrete,Bridge Footing 9 OPF PAVING (CONCRETE) 76 CUYD 5. All demolitions within the Railroad's right-Of-way CHAIN LINK RAILING (TYPE 3) 425 LF Prestressed Concrete,See Prestressing Notes"On "Girder Layout"sheet antl/or demolitioq flat m0Y impact the Roilrgtl'e ® D Y tracks or opperations Shall De n Compliance with CHAIN (INK RAILING (TYPE T MODIFIED) 423 IF ® Structural Concrete (Retaining Wall) the Railroad's Demolition Guidelines. TJBULAR HANDRAILING 425 LF 6. Ere4t:on over the Roilrood"s ri ht-of-way shall be CONCRETE BARRIER (TYPE ]42 MODIFIED) 3R8 LF g CONCRETE BARRIER (TYPE 2926 MODIFIED) 38 LF designed , souse m interruption to the Railroad's CONCRETE TYPE LIMITS operation, the ng,ih! is re,l e remain open to CONCRETE BARRIER (TYPE 742) 88 LF trot l,c per the Railroads requirements. CONCRETE BARRIER (TYPE 7425) 36 LF No Scale T. Railroad requirements when not allow work within 50 feet Of track centerline n!l a train re. within the work site To all personnel must clear the re a w thin a feet �- Of the track centerline and secure all aaVipmant. wel. .Nrr ®DOKKEN B. Falae-work k clearances stroll tompY with minimum construction clearances amn tat rNt A,2.wn ex INeRktna Dakker Etginei 9. All permanent clearances small verified before project closing. 4a] rt A 1707 WlncMattr Re,Suite 201- se, 221-200 w avn Temecula,CA 92590 10. For Railroaa coordination pieces refer to the Railroad 951)506-9895 Minimum Requirements as part of special provisions. 'AYswA BENCH YMK: ELEY, sum re wur uwnis in wRnB. o - SHEET Alv-ib v.1 ne.4A KID 291R newn " CiTY OF PALM SPRINGS, CALIFORNIA PTIiw a lecli W 22 wW 23,Tw l I SiA 1 Ewl,S.D." cn.a.2.Iva»giAc set in ww �113 FAe� `CCH O19° H2 z•x•IY lKnrwro. rind`! '�x„— w ,...e ,.R ,.... we INDIAN CANYON DRIVE OVERHEAD E05aand a-ram(rm Inalan Ave r TO GENERAL PLAN W.2 27. __ --___------------------------- _ ----— _ ___ __ _.—__"_ _ i i Y ec GENERAL NOTES LOAD AND RESISTANCE FACTOR DESIGN Edge o! deck % %% % % % X OE SIGN: Edition L00 Bridge Design Specioltraons, en Edition RED with interims and COcation Amendments VA. SEISMIC DESIGN: CALTRANS SEISMIC DESIGN CRITERIA (SDC) / version 1.6,Nov 2010 Ot DEAD LOAD: Includes 0.035 ksf for lines wearing surface i I I I , i "ICI"Line q 1q3 19q 195 46 and 0.6 kips/ft for utilities LIVE LOAD: HL-97,CCltron.'Low Boy"and CA P-15 Permit li Design Vehi�le. SEISMIC LOAD: SITE SPECIFICFCIFIC Sneer Wove Velocity of lop if = 820 iNsec Fault = San ItNo.Andreas FOali Zone, , x x x a x x x x x x/x x x x x x x x x x x x x z x,x x x x x x x x x x x x x x x x x x x x x x z x x x x GOltrans Fault No.774 No nitude =1.87 Edge of deck DECK CONTOURS NOTES: PLAN The site nos low liquefaction potential. x Oenateb 10'interval Clang f.Hon line Contours do not induce Camber. t"= 30, _ 2.000 Contour interval is 0.10' -. .500 u 1.000 71is[�i<�lL��i eLLLLL�����f�ie<.i�<LIL:�J z 0.500 4 s o 0.000 No C7,�,, 0.00 0.50 1.00 L50 2.00 L50 7.00 7.50 4.00 4.50 5.00 OCtivi lb or atnlr ///' Period (Eec) Cbot,uCtIce. shall be to Q of Track i� Placed ithin these limits y REINFORCED CONCRETE: fy = 60 Kai To,0 0 Track f '-10'min f�- 3.6 ksi 7'-0"min � n = 8 PRESTRESSED CONCRETE: See -Prestressing Notes"On 'Girder LOyout" Top of Track snewt. f /FL of (rack PILES: See Pile Data Table on "F ounaotian Plon"sheet. V tY-0"min , MINIMUM CONSTRUCTION MINIMUM CONSTRUCTION CLEARANCE ENVELOPE AT PIER REMOVAL No Scale No 5cole - al rq[[ ®E X m 1 N 6 E R X O R t dos Dohken Englnegrr To, It 7m.0 "incnlp 5 Ra,Su1-e 201 iii-3100 Temecula-CA 9259a (951)506-0995 R NsxN eENGH MARK: ELEY. eum+eirer nwmew e• �W .: CITY OF PALM SPRINGS, CALIFORNIA ne MEET Mlv-tb n.1 rt B.q!DID"257 Rma 6ENCH.&qea of ec of In cax. d� PoetM N Sc11w?Z ad 21.T9NNIp 1 b11N,9oq A E.I.s.EJY E Eaalm°b"a^m`�`p7nsolymela A. wn N•� XR IND]AN CANYON DRIVE OVERHEAD a17.R Exist Kinder Morgan fuel line (protect n place) [xrotect in place)ist underground telephone p Exist reinforced I } a_ CDOnC so nq (t0 Exist fiber apt E si ote' I] ne ts o De a vetll Ex n 6"gas line (protect In place) protect place relocai n ) ° ° / LEGEND RP R N Denotes 0i of footing elev G Ui .�.,r ty Noaz,, / ti Poav o - I Denotes Dottom of footing ooting oe lev tR S6. oi De removes) i 6 r�K t hp Denaie6 x structure Denotes pile (not all shown) 'MWLPL o / / hJ 1910_ x Stage I construction 'RR R/Yl WW stage 2 construction .^,' - t 66e] ao J / y n66.c �Na to n ki w y 1^.2.2109 Y ;� o _ _ f i„ ore 2 Note < 145 �" nv .o' 146 NOTES: n 14J ' g 0l al "E '. ^ .6./2✓ I<3 65.0'_ iY r .9 11�... '*+ _ I.Far splices In Piling, see "Abutment Details No. 3"sheet. ! —( 6>4.5 ° er I ! ! - F Ia 2.Exist abutment footings (to De removed). 6 - -1{� t' ct o /i 0 - 3.Exist pier walls,see 'Deck Cantou rs" °��� sheet for removal I'm its. r W � f t0 De r91 e, NO rylr:{IO1 C font Stater l a Support Construction $hall Ouw` ' HN LOL staged t. L st otl a+ci c. 1 y ` `f ), Fo ce� I ,4 r \G--- ��G �nr lei o+< 0n'cs1 em protect exist bridge and nk men P jl� 1 nes antl \ ._- ry .__ -. _-. br City R/Wi gxisr oil li,e I Protect in placel J�?° PUN Exist rg n(orcrd Exist Indian t 20' conic cribbing Ito Canyon Dr ON' be emoved) Br No 56C-0025 Exist fiber optic (to be removed) (to be relocated by others) PILE DATA TABLE Naminat Resistance Design Specifiea Nominal G aca ii on Pile Tip Tip Drly ing Type c sivession Tension Elevation Elevation Resistance 6�T.o0 lal Abut I Class 140 All "W" 140 kips 0 kips 6]T.00 lol 637.00' 2B0 kips 648.25 lc) 627.00 (a-1) 649.00 la-III Gant 2 Class 190 All"W" 190 kips 0 kips 62T.00 (c) 627.00 280 kips 647.25 (1) 628.00 (a) 4 Bent 2 Abut 3 Class 140 All'•W" 140 kips 0 kips 629.00 (0) 62e.00- 2e0 kips 665.25 (r) 49._5- 652.00 (a) E Exist IIPRR Track`; Retbininq Class 140 Alt 1 65 kips 0 kips 652.00 (o) 64P.25' 130 kips Walls 648.25 (c) 42•-6" PILE DATA NOTES: SKI A ""- RDOKKEN ts 1. Design tip elevations are controlled by:(0-1)compression (strength limit); o e x o I x B 6 R I x a (a-ll)compression (extreme event):lei settlement;and (c)lateral loads. al fiat En helis9lincMmr R0.su ifs 201• 2• The specified tip elevation sFwN not No raised. SECTION A-A +-=Aom ��ctvl Temecula,CA 92590 1951)5D5-9895 /4" R rlsxn BENCHMARK: EEEY. ewe,.ew+.wI.K. ru.c wR0 a SHEET RIV-10 31.1 ne.4r hero T)+4.,w reel ' CITY OF PALM SPRINGS, CALIFORNIA C.D.O.T.Brave 01.rot In cac. RW� RCN fvtlm.f Srtlw it Sri2f T4WeNIP 1 Smllk BwO 4 Est,9.Bly 4 2'1111 M bB fmx. S'lym a ....� ..,. .xa.."' mw INDIAN CANYON DRIVE OVERHEAD fa.tpeWd an-risep Iron lntliw Aw l iu10 FWNOATION PLAN 7-el Ill Begin RWI IOL End RAI LOL St. 10.00.00 $to 1ou48.00 SO.42'L- IC Line 7 V Line A A brg Abut I St. 141.93.57 + A it : I i A main RWI LOL ry RWT 4LOL i n Linty v I ­!� �­ A Railing ii ing Type 3 I i 11 A 4 Z� iAl 6-1 A Top of wall 1-0 too Is)(see tools) 3 Y15-T11-I ADutment piles.For details, See Ab�tsant DOI.F. No. 1" It- 7 Concrete BC,,;e, Sheet. FG Type 1428 (MOO). 3'- 3-0" 5'-0" Y-Y-1 4--0"1 LEGEND TOP OF WALL TABLE PLAN TOP OF WALL Denotes vertical pile ELEVATION STATION Denotes pile battered 3:1 699.99 10,00.00 SECTION A-A 700.22 10+08.00 700.45 10,16.00 A, 700.6: 0+ 00 Reftining Wall 48'-D' long 'HWl l 700.78 �01"t Chain LinK 699:78 10+27.5D Railing Type 5 699.91 ID132.00 Design H 10' 14' 18, 22' 26' 700.13 10,40.00 Ryd LOL U11-57 Concrete Barrie, 700.34 1OFF48.00 Length 8,_O, 8,_O,, Type 742 [Mod). Cha;n Link Railing I and curb not shown Tap of wall [See table) Structure approach Sao 'Section E-(­on e,5f,w.Fu, Approach Type W30S)"Sheet F 9 -E., it FC; eA3-0 DO ----------------------- -------- ---- -- - ----------------- ------------ All piles not Sheen SECTION B-B Ec storing step,t p HOl 1. to, oil. data,see 'Foundation Plan'sheet DQKKEN B I.e. S-1. ........IN. uwt ... ........ 2. For railing and borrier details and limits, EKE R. ION See 'Structure Approach Type N(30S). !qim,,ih&Srlh MIRROR ELEVATION 227-2600 . 4 Suits 201 W AdSst, CA 925M (951) -gels unsaR El SKET BENCH MARK: go ITY OF PALM SPRINGS, CAL[FORNIA RIV-10 33.1 718.14 011 Vill ;;IS -.fS.-------------- W 0 Slefloes 2 1~10 3 ssfi,.Well 4 E.I.S.11,114 C� DRIVE OVERHEAD j C707T.gues OT.ni"'mosho. 2'N'ly of CA foods Raill E.Well ....... INDIAN CANYON E.to,f on-umm,irm Iool�Ave �*To RETAINING WALL NO. I ----------- --------------------------------------------------------- -----------------__---------------------------------------------- -------- LEGEND Denotes vertical Pit. (;7; Denotes pile battered 3:1 RWl LOL 7- RW2 LOL 0 1,. 1 W-64 IG JRWlt LOL 0 Of w To�:!oil Abutment piles.For details Begin RW2 LOL +) 'AO.t,edt (,so table) St. 10n-00.00 brg Abut 1 see Details NO. I i stes.f. 44.42'Rt IC"Line End RW2 LOL it E, to 141f24 81 -1- -0 -0" -0- -3"1 '-0' Ste 10+56.00 t2l'-64'-G" 4' 1• 1 4' 0" 3' 3' 5' 3' 4 P'Rt "IC"Line Sto 141,80.81 TOP OF WALL TABLE Top or WALL ELEVATION STATION PLAN 591.96 10+00.00 698.22 10,08.00 69:.48 698.74 10+24.00 10-16.00 SECTION 6941.99 10+32.00 699.09 10,35.17 A, 5911.09 10-35.17 Retaining Wall 56-0"dis.s.1.6 along RW2 LOL' 698.24 10+40.00 611 :41 a �1.4 00 a O'S': Design H icil 14' is, 22' 26' 9 3 6 00 Length 24'-0' 8'-0" a-0, 8*-0" a RWI LOL Bor,;er hot smo.. A B Structure approach Top of wail (ode table) 7 L.r It FG OG ---------- ------ --- 7 �A s not s All piles FG SECTION 11-B FA �ootirq slop, typ NOTE; DMDOKKEN pile data,see Foundation plan"sheet. um wm Swvb i: 'kL Toll D ... ........I.......— ELEVATION 2. For railing and darrier di Engineering see Structure API,raOcm Type N 305). 1707 Nincheater Rd,Suite 201 14. -0 Teneo-la,CA 925N 506-6995 -———-- o s"Im, w.''; Hi T� CITY OF PALM SPRINGS, CALIFORNIA son is e.. L.0�a.1.Breve diet i;-- � "I.of Sodl.IT ani 23,T�lp 3 koft,"4 led,SAIJI INDIAN CANYON DRIVE OVERHEAD D f— Ads". 77:77#7771"N a Rm to"' -7 h, RETAINING WALL NO.2 w 21 - -------------------------------------------------------------------------------------------------------- ------ 3• Plastic Plpe I Slatted 1 See ng' ei 4t an 4b PCVInq' CVTng m Retalninp wall yw Slope Pavinq - Full ca d Cap end p $IOPe' 511991. @\ya N P�®C, q a Q Cop end��------ -- - - / i _ / �� �0� ------ ----- •�[ap end 0101n09e pod G °eecapsi,a G F '° Structure drain / i j �! r approach i i Slope Pavinq �\<c \aa / See 'Drainage Dotal Is' / A CE' i A' Pia¢t Pipe e spmad R 20' Rux C i : Oi 0 noslte ' / cap and SECT F-F I SECTION G _ECOP end r ------- G r r/ 1r _ _ _ _ ____ ___ No Scale II Retaining wall / we,, 6'-0' Ningw011 y4 ABUT 3 () lop of slope. typ E ll / / L 30'-0' -umlts of teocalpoalte Drain I11� I / End Of Toe Of slope, typ r 2' x 2' . 6' Deep rock Approach Slab— slope protection IFocltlg, Method al BI. fyD ar l fi'-O' / / putlefe except a* .111e1 ABUT I /TYPICAL PLAN within umlls of elope paving 16' wide -V- catch ditch NO Scala Geo<omposl to tl'aln 3. Plastic pipe 3- Plastic pipe f Uaslotted I ISlottetll NOTES: Sae •Drm Wage 1. Bands and 1lncilons In plasf lc �® Detal l s' Me are 30' rodlm min. 3• Plastic pipe t / GeocounosIts drain slotted 1 Bend re inforc l Mg 4-0- to avolo pipes 3' Plastic pipe (Unslotteol SECTION G�3 No scale OOTlonol Iconar,Joint: Wall reinforcing H Geocompos Ha Gegcrnposlie Crdin drain Top of fact lnq 3- Plastic pipC IUnslottedl Optimal construction Filter fobrlc Filter fabric )dint,see 'Sectlan H-H. 3• Plastic 3' Plastic Wall footing - Glnl shoo grace DIDe (Slotted) - pipe (SIOttod) 1P0 Top of abutment TPB Top of foot lnq or re tdlrlw ' wall footlaq SECTION N-N Outlet` "� Orolnoge pod ' No Scala (Minor Cmcretal A• 1'-0-D' Edge o1 too�ing H o DOKKEN sE ICT ON E-E WITHOUT FOOTING WITH FOOTING kn e ®YNOIN66RINp q R No Seale DRAINAGE DETAILS Efee pokkea eninw...•nm RI„CA 925 Nd,So zot lamcula,CA 9955g No Scale (951)SC6-e995 .v1sEa n eENCH NAM ELFv. •��N a.�.ww.a•, °..-. „aRa ° ' CITY OF PALM SPRINGS, CALIFORN]A sH6ET Nh-1s 33.1 Tie.«'(N o m Rae 1ee91 f3 fT ^' Mlm 91 Sptbs II ae tl,ltaWP]SaflS RNNe H Lo»,3.9d.Y // 2'ITI, fade Iliac M in cqc. CH LL 2'N'ly of RA fame 9'ry pi —,�,p-r- ,. .u.. «,. .¢�.. « INDIAN CANYON DRIVE OVERHEAD Ea¢teouM on-hop jrm lnaia A. a i0 STRUCTURE APPROACH DRAINAGE DETAILS �t ELECTROLIER LENGTH FOR PAYMENT FOR CHAIN LINK RAILING FI 11 3'-0" B'-0'Yaw 11 BeSTEEL HIRE TIES 0 12 TO ALL PIPES �y AND CA III USED) E PAUNSI011 JOINT SAW "Ja DIMENSION ASA S EXPANSION r—I.EPE.TE, PIPCP/. Sia JOINT IN DECK.IWENTNCREASE3' SLEEVE LENGTH CORRESPONDINf1Y0 BOL1 PIPE I Sic SLEEVE sLIDPW FIT,TV I�ENSI M BAR IENSIOx R00 BANGS BE NFWCE OPENING IPE 2'/z St0 la C-C,Yox W I1H T Go NINE TYRPIPE WERE LING P15 6% D GREA EREAE SLOPE IS TE OGREATER,E I AS E PLATED EISFMIERE IN IXF PLANSSEC NOIE 5 TH F PAYMENT FOR PIPE HANDRAILING 1 a CHAIN LINK FABRIC. Y e TRUSS RODS AT EN M WEe l YE Sx o s e e a e e e u AT END PANELS KNUCKLE SELVAGE AT TOP AID BpTIp1 CONTINUE FABRIC 6 Wfi RAIalYLING CABLE TO T USE WEN RAILING HEIOXI IS 1011 PIPE CA Sfa DR'/•" BE CUT AND SPLBUTICED MAY UR LESS.PIPE 11/ 11 10 5 f BE CUT AND SPLICED YA"VENT AS IGolyNTERIOR IOR PA SEE USED WHEN RAILING HEIGHT 5 INTEflIOR PANEL METAL CLAW T'-3- GRGREATER U BOLT W iHR IDiE TINNIB ENDS F 7 PIPE1'A Sid }"OD CUT WASHER BOTH ENDS 0 / EXP{NS ILN PANEL "• MO TAR PAD P. W%B X Yl _ CABLOE TAIL H WITH IM NOLEB W 5 C N1 _ J MITT 8 CUT WASHER 1%'0 HOLE 1"MJX •• PROVIDE OPENING IN SECUHL CABLE LOOP WITH CRIMPED 6� FABRIC FOR HANDHOLE SLEEVE CLAW AND PROVIDE Yin TACK WELD ' �-1-W6 x 10' ACCESS AND Reinf Tx IMBLE5 AT ALL CABLE LOOPS TOP OF DECK, WITH J OR WIRE APPRICH SLID aR END POST INTERMEDIATE POST AT ELECTROLIER TYPICAL INTERIOR PANEL AT EXPANSION JOINT N5 0 6 x T'-2"Cri I I anG REIAIWING WAI.I bona Go.e1 in s'01 Dole �Refoininy Woll or Ninyeall ELEVATION If CARRIAGE BOLT 4TYPICALPOST PEENBOLTEIDS DETAIL be'Peous lNOKPAorECT! x'e NOTES: PLAN PLAN 1. Telling$NilsPnformtorlprizoMUlone ALTERNATIVE DETAILS vertical al ignmen 1.P01te 51'all be vertical. 4"TAR )WVENT IN PIPE EWANSION SLEEVE.PROVIDE IN � PIPE 1:/2 Ste NSO-zontal Gent if rotlius Is]. Neeb ol 0 oohs. TYPICAL DETAILS o �NR� WITH oar pat., Expo16'-0"MOX pipes BIf lxli.r IeeW-mq b<6 O"cMrCs ING MIICN SUPERSLRUCIURE JOINT if oe s nve y ' PIPE 1 SIT SLEFVE NITX HE%NUTSbe places parollel to slills r ISO-0A. Alternative ants Nl may be suemlttea b GA POCKET 6"LCNL f A I railing is on Slope,fabric srgll SLIDING fll C� CantrA,la for Engineer apprm,N. - ,/J.%I'XOLES� Iyp 5. AO]itiollal PIPE I'/. STa requires on rpaius y SLOTTED VERTICALLY - f 5%6% less troll "FILE n w STEEL ALTERNATIVE SIDE VIEW ELEVATION ELEVATION GOIV WIRE.NINp ONE FULL TURN ANCHORAGE DETAIL PIPE HANDRAILING BRACKET PIPE HANDRAILiNG AT END AROUND CABLE THICKNESS DOKKEN a USED WEN EN IRNE55 PLAN ELEVATION MA CONCRETEUSED IS G' R MORE DETAIL Se,nice 4er. IL H �L<li-^aL,r-L 1 ,. Doxken fn 9 near in Nw 0 C IV� At lei 9a,$ui16 2a1 WinC M1991<r R ' C" 92590 1951)50 19511 506-8895 Rv111d tlLNCH MARK: ELLV. uqe n<lan' 1sa.1 eaa.a _ , san SHEET ' RIY-1a n.11Ncv029)�.Kv Ha11 RB CITY OF PALM SPRINGS, CALIFORNIA iai.oa.bun.biro .in an<. J 'rCH PM iM of L<tign 22 aq 13.T A WP l WE,"1 Fasl,S.B.B.Y x'1raFRnL<Nee s1Yai T— N e. .. INDIAN CANYON DRIVE OVERHEAD Casltpxq an-rare Irw Indian Av< 10 CHAIN I.INN ROILING TYPE ] ., ux _-----._.__ _--_.______ _.---------- --------— - --.-____-- _-__._-_. --------- __.__ ___ ____ ________ _ ___---_---_ __________ '--'- ---- —--------------------------------- III l • EXHIBIT A-2 To Public Highway Overpass Crossing Agreement Cover Sheet for the Legal Description for Slope Improvements and Bridge Footings 1200567.1 • EXHIBIT "A" SLOPE EASEMENT APN 669-070-007 & 669-100-006 THOSE PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22 AND THE WEST HALF OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS: SOUTHWESTERLY SLOPE EASEMENT BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST 187.07 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE NORTH 89°40'50" WEST 75.00 FEET TO THE SOUTHWEST CORNER OF SAID EASEMENT AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22 NORTH 89040'50" WEST 11.51 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY ACT OF CONGRESS, APPROVED ON MARCH 3, 1875; 2. THENCE LEAVING SAID SOUTH LINE ALONG SAID SOUTHWESTERLY LINE NORTH 50053'07" WEST 28.77 FEET; 3. THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 00000'36" WEST 102.68 FEET; 4. THENCE SOUTH 89040'50" EAST 34.52 FEET TO A LINE PARALLEL WITH AND DISTANT 75.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID SECTION 22; 5. THENCE ALONG SAID PARALLEL LINE SOUTH 00019'08" WEST 120.71 FEET TO THE TRUE POINT OF BEGINNING. NORTHWESTERLY SLOPE EASEMENT BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST 187.07 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE NORTH 89°40'50" WEST 75.00 FEET TO THE SOUTHWEST CORNER OF SAID EASEMENT BEING A POINT ON SAID PARALLEL LINE; THENCE ALONG SAID PARALLEL LINE NORTH 00°19'08" EAST 390.47 FEET TO THE TRUE POINT OF BEGINNING; Page 1 of 2 • EXHIBIT "A" SLOPE EASEMENT APN 669-070-007 & 669-100-006 1. THENCE LEAVING SAID PARALLEL LINE NORTH 44039'14" WEST 74.98 FEET; 2. THENCE NORTH 05012'30" EAST 96.79 FEET TO THE NORTHEASTERLY LINE OF SAID 400 FOOT WIDE STRIP OF LAND; 3. THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 50053'07" EAST 57.41 FEET TO SAID PARALLEL LINE; 4. THENCE ALONG SAID PARALLEL LINE SOUTH 00019'08" WEST 113.51 FEET TO THE TRUE POINT OF BEGINNING. SOUTHEASTERLY SLOPE EASEMENT BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST 128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23 FEET TO A LINE PARALLEL WITH AND DISTANT 75.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID SECTION 23 AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID PARALLEL LINE NORTH 00019'08" EAST 23.67 FEET; 2. THENCE LEAVING SAID PARALLEL LINE SOUTH 49046'12" EAST 26.31 FEET; 3. THENCE SOUTH 09024'51" EAST 27.08 FEET TO THE SOUTHWESTERLY LINE OF A STRIP OF LAND 200 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY ACT OF CONGRESS, APPROVED ON JULY 27, 1866 AND APPROVED ON MARCH 3, 1871 AND AS SET FORTH IN THE PATENT FROM THE UNITED STATES OF AMERICA TO THE SOUTHERN PACIFIC RAILROAD COMPANY RECORDED JULY 31, 1905 IN BOOK 3, PAGE 228 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; 4. THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50053'07" WEST 31.76 FEET TO THE TRUE POINT OF BEGINNING. AREA = 9,761 SQUARE FEET, MORE OR LESS SEE EXHIBIT "B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. SIGNATURE `�✓C14 cc^'v�'�`l 11-30-2015 ��5�� LAA. ND MICHAEL A. HAVENER DATE aA PLS 7354 * No. 7354 Page 2 of 29� CAl %4���`\� • EXHIBIT "A' NEW STRUCTURE FOOTING APN 669-070-007 & 669-100-006 THOSE PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22 AND THE WEST HALF OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS: NEW STRUCTURE FOOTING "A" BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST 98.48 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID CENTER LINE SOUTH 50053'07" EAST 59.61 FEET; 2. THENCE SOUTH 00019'10"WEST 15.91 FEET; 3. THENCE SOUTH 89040'50" EAST 4.04 FEET; 4. THENCE SOUTH 00019'10"WEST 9.00 FEET; 5. THENCE NORTH 89040'50"WEST 1.67 FEET; 6. THENCE SOUTH 00019'10" WEST 6.83 FEET TO THE SOUTHERLY LINE OF AN OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL RECORDS; 7. THENCE ALONG SAID SOUTHERLY LINE NORTH 50053'07"WEST 19.67 FEET; 8. THENCE LEAVING SAID SOUTHERLY LINE NORTH 00019'10" EAST 3.51 FEET; 9. THENCE SOUTH 89040'50" EAST 3.96 FEET; 10. THENCE NORTH 00019'09" EAST 0.69 FEET; 11. THENCE NORTH 50053'07" WEST 93.48 FEET; 12. THENCE NORTH 89040'50" WEST 3.93 FEET; 13. THENCE SOUTH 00019'10"WEST 7.50 FEET; 14. THENCE NORTH 89040'50" WEST 2.33 FEET; 15. THENCE SOUTH 00019'10"WEST 8.00 FEET; 16. THENCE NORTH 89040'50"WEST 1.75 FEET; 17. THENCE SOUTH 00019'10"WEST 8.00 FEET; 18. THENCE NORTH 89040'50"WEST 1.25 FEET; 19. THENCE SOUTH 00019'10"WEST 8.00 FEET; 20. THENCE NORTH 89040'50"WEST 1.17 FEET; 21. THENCE SOUTH 00019" 0"WEST 15.00 FEET; 22. THENCE NORTH 89040'50"WEST 6.50 FEET; 23. THENCE NORTH 00019'10" EAST 15.00 FEET; 24. THENCE NORTH 89040'50"WEST 0.58 FEET; 25. THENCE NORTH 00019'10" EAST 8.00 FEET; 26. THENCE NORTH 89040'50"WEST 0.75 FEET; 27. THENCE NORTH 00019'10" EAST 8.00 FEET; 28. THENCE NORTH 89040'50"WEST 1.00 FEET; 29. THENCE NORTH 00019'10" EAST 8.00 FEET; 30. THENCE NORTH 89040'50"WEST 1.67 FEET; Page 1 of 3 • EXHIBIT "A" NEW STRUCTURE FOOTING APN 669-070-007 & 669-100-006 31. THENCE NORTH 00019'10" EAST 9.00 FEET; 32. THENCE SOUTH 89040'50" EAST 4.20 FEET; 33. THENCE NORTH 00019'10" EAST 33.41 FEET; 34. THENCE NORTH 64043'01" EAST 0.86 FEET; 35. THENCE SOUTH 50053'07" EAST 65.89 FEET TO THE TRUE POINT OF BEGINNING. NEW STRUCTURE FOOTING "B" BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE NORTH 00019'08" EAST 57.52 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID CENTER LINE NORTH 50053'07"WEST 60.05 FEET; 2. THENCE NORTH 39006'53" EAST 6.00 FEET; 3. THENCE SOUTH 50053'07" EAST 106.00 FEET; 4. THENCE SOUTH 39006'53"WEST 6.00 FEET; 5. THENCE NORTH 50053'07" WEST 45.95 FEET TO THE TRUE POINT OF BEGINNING. NEW STRUCTURE FOOTING "C" BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE AND CONTINUING ALONG THE NORTHERLY LINE OF SAID OVERHEAD CROSSING EASEMENT NORTH 00019'08" EAST 208.10 FEET TO THE TRUE POINT OF BEGINNING; 6. THENCE LEAVING SAID NORTHERLY LINE NORTH 50053'07" WEST 66.89 FEET; 7. THENCE NORTH 00019'10" EAST 9.26 FEET; 8. THENCE NORTH 64043'01" EAST 0.86 FEET; 9. THENCE SOUTH 50053'07" EAST 65.89 FEET TO SAID NORTHERLY LINE; 10. THENCE ALONG SAID NORTHERLY LINE SOUTH 00019'08" WEST 10.26 FEET TO THE TRUE POINT OF BEGINNING. AREA = 4,117 SQUARE FEET, MORE OR LESS SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. Page 2 of 3 • EXHIBIT "A" NEW STRUCTURE FOOTING APN 669-070-007 & 669-100-006 THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. SIGNATURE � ° 8-11-2015 �5`a �-AND �Ri k. P� MICHAEL A. HAVENER DATE PLS 7354 No. 7354 �r Page 3 of 3 • EXHIBIT A-3 To Public Highway Overpass Crossing Agreement Cover Sheet for the Survey Print for Slope Improvements and Bridge Footings 1200567-1 EXHIBIT $' B " !g �� i-AND S(i �\, A. yqL`F �0 01 J No. 7354 J Q a �!6 ''•' N N U z F OF CAXY 9A'I'6' ~ `� o a v NOTE: SEE SHEET 2 FOR EASEMENT .9 l� J NOTES AND TABULATED LINE \0 I m N 0 DATA. a 3 P.O.B. ~Z `INT. OF THE CENTER LINE OF ryQQ / INDIAN CANYON DR. (INDIAN AVE.) AND SOUTHERN PACIFIC RAILROAD Io C3' AS SHOWN ON ROS 18/2 J N / r(G 2 3 1 -r I L4� w M O r N QQ rz co SO, J r-', » Z M �'Iy�' I� L11 L1 T.P.O.B. r !? SW'LY SLOPE .� "lop 75 75 T.P.O.B. ������ SE'LY SLOPE cos LEGEND SLOPE EASEMENT (SLOPE) 0 50 100 200 AREA = 9,761 SO. FT., MORE OR LESS P.O.B. POINT OF BEGINNING MULTIPLY DISTANCE BY 1.00002570 ITO OBTAIN GROUND DISTANCES T,P.O.B. TRUE POINT OF BEGINNING SHEET 1 OF 2 SHEETS REVISED BY: DATE: CITY OF PALM SPRINGS SCALE = 100' DRAWN BY: KA DATE:4-14-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:11-30-15 APN 669-100-006 & 669-070-007 APPROVED BY: DATE: SOUTHERN PACIFIC TRANSPORTATION CO. DWG. N0. APN 669-070-007 NON-PLOTTABLE EASEMENTS RIGHT-OF-WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED LINE TABLE STATES AND RESERVING UNTO THE UNITED STATES, IT'S PERMITTEES OR LICENSEES, THE RIGHT TO LINE BEARING LENGTH OCCUPY AND USE ANY PART OF SECTION 22 LYING Lt N 89'40'50" W 11.51' WITHIN FIFTY FEET OF THE CENTER LINE OF THE L2 N 50'53'07" W 28.77' TRANSMISSION LINE RIGHT-OF-WAY OF THE L3 N 00'00'36" W 102.68' COACHELLA VALLEY ICE AND ELECTRIC COMPANY L4 S 89'40'50" E 34,52' REC. 11/23/1921 IN BK. 8, PG. 204 OF PATENTS. L5 S 0019'08" W 120.71' A POLE LINE EASEMENT IN FAVOR OF THE L6 N 44'39'14" W 74.98' SOUTHERN CALIFORNIA TELEPHONE CO. REC. 7/10/1933 1-7 N 0512'30" E 96.79' IN BK. 131, PG, 119 O.R. 18 S 50'53'07" E 57.41' L9 S 0019'08" W 113.51' A PIPELINE EASEMENT IN FAVOR OF SOUTHERN L10 S 0019'08" W 269.76' PACIFIC PIPE LINES INC. REC. 9/19/1960 IN BK. 2768 L11 N 89'40'50" W 75.00' PG. 40 O.R. L12 S 50'53'07" E 96.23' A FIBER OPTIC EASEMENT IN FAVOR OF MCI L13 N 0019'08" E 23.67' REC. 5/17/1991 AS INST. NO. 165201 O.R. L14 S 49446'12" E 26.31' L15 S 09'24'51" E 27.08' A PIPELINE EASEMENT IN FAVOR OF SANTA L16 N 50'53'07" W 31.76' FE PACIFIC PIPELINES, INC. REC. 9/16/1994 AS INST. NO. 94-359165 O.R. APN 669-100-006 NON-PLOTTABLE EASEMENTS A PUBLIC UTILITY EASEMENT IN FAVOR OF PACIFIC TELEPHONE AND TELEGRAPH CO. REC. 1/23/1912 IN BK. 344, PG. 227 OF DEEDS. PLOTTED EASEMENTS OF SOUITH RNEPACIFEASEMENT IN C PPE LINES,RINC. REC. 9/19/1960 E1 PALM SPRINGS PASSENGER IN BK. 2768, PG. 40, O.R. TERMINAL EASEMENT IN FAVOR A FIBER OPTIC EASEMENT IN FAVOR OF OF THE CITY OF PALM SPRINGS MCI REC. 5/17/1991 AS INST. NO. 165201 O.R. REC. 8/07/1995 AS INST. NO. 255964 O.R. A PIPELINE EASEMENT IN FAVOR OF E2 OVERHEAD CROSSING EASEMENT IN SANTA FE PACIFIC PIPELINES REC. 9/16/1994 FAVOR OF THE COUNTY OF RIVERSIDE AS INST. NO. 94-359165 O.R. REC. 10/22/1952 IN BK. 1409, PG. 566 O.R. AND BK. 1409, PG. 575 O.R. SHEET 2 OF 2 SHEETS REUSED BY: DATE: CITY OF PALM SPRINGS SCALE NO SCALE DRAWN BY: KA DATE:4-14-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:11-30-15 APN 669-100-006 & 669-070-007 APPROVED BY: DATE: SOUTHERN PACIFIC TRANSPORTATION CO. DwG. NO. EXHIBIT $$ B " A. - ��o SF 04 n S (� "' Z FT FT,y, a No. 7354 Z sT in �TF OF CP&\F � FC Z 90' 66 NOTE: SEE SHEET 3 FOR EASEMENT 9`O1> NOTES AND TABULATED LINE DATA. � I � O -j P.O.B. �' IN OF THE CENTER LINE OF INDIDIAN CANYON DR. (INDIAN AVE.) AND SOUTHERN PACIFIC RAILROAD w AS SHOWN ON ROS 18/2 CIO J / I J E(--;, 2 r9 J�� r, O� � 0, Jrl" r� L ... � r `' j 4 5,1 Sr 75' 75' /p�\ LEGEND NEW STRUCTURE FOOTING AREA = 4,117 SO. FT., MORE OR LESS 0 50 100 200 P.O.B. POINT OF BEGINNING MULTIPLY DISTANCE BY 1.00002570 ITO OBTAIN GROUND DISTANCES T.P.O.B. TRUE POINT OF BEGINNING SHEET 1 OF 3 SHEETS GALE REUSED BY: DATE: CITY OF PALM SPRINGS 1" = 100' DRAWN BY: KA DATE:8-05-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:8-11-15 APN 669-100-006 & 669-070-007 APPROVED BY: DATE: SOUTHERN PACIFIC TRANSPORTATION CO. DWG. N0. !�9' :..... '..... ! C�� 7tJ ...... T.P.O.B. NEW STRUCTURE J w !Rs ..'.... FOOTING "B" DETAIL "B" NOT TO SCALE T.P.O.B. NEW STRUCTURE FOOTING "C" DETAIL NOT TO SCALE J •...........'.. !� J L35 '.'.'..'.'.':.':.':.'.'.'.. ':.. /� NEW STRUCTURE CFO J .......... J .. . ... // FOOTING A" .. ............. _\ L33�N '.'.'.'.'.:'.:' ��`L17 ...............':.'. ... ........ L291ao N L21 ` J J �R ..... L27J ' : `L23 . J .� L25 : .'.'.. .'............ Lo 4LS2EN 4� L L8•:'• J NEW STRUCTURE FOOTING DETAIL "A" - !,o'•'•:•.•„ AREA = 4,117 SQ. FT., MORE OR LESS NOT TO SCALE y J T.P.O.B. TRUE POINT OF BEGINNING SHEET 2 OF 3 SHEETS REVISED BY: DATE: CITY OF PALM SPRINGS SCALE NO SCALE DRAWN BY: KA DATE:8-05-15 DOC. NO, INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:8-11-15 APN 669-100-006 & 669-070-007 APPROVED BY: DATE: SOUTHERN PACIFIC TRANSPORTATION CO. DWG. N0. LINE TABLE LINE BEARING LENGTH L1 S 00'19'O8" W 98.48' APN 669-070-007 NON-PLOTTABLE EASEMENTS L2 N 0019'08" E 57.52' L3 N 0019'08" E 208.10' RIGHT-OF-WAY FOR DITCHES OR CANALS L4 S 50'53'07" E 59.61' CONSTRUCTED BY THE AUTHORITY OF THE UNITED L5 S 00'19'10" W 15.91' STATES AND RESERVING UNTO THE UNITED STATES, L6 S 89'40'50" E 4.04' IT'S PERMITTEES OR LICENSEES, THE RIGHT TO l7 S 00'19'10" W 9.00' OCCUPY AND USE ANY PART OF SECTION 22 LYING WITHIN FIFTY FEET OF THE CENTER LINE OF THE LB N 89'40'50" W 1.67' TRANSMISSION LINE RIGHT-OF-WAY OF THE L9 S 00'19'10" W 6.83, COACHELLA VALLEY ICE AND ELECTRIC COMPANY L10 N 50'53'07" W 19.67' REC. 11/23/1921 IN BK. 8, PG. 204 OF PATENTS. L11 N 00*19'10" E 3.51' L12 S 89'40'50" E 3.96' A POLE LINE EASEMENT IN FAVOR OF THE L13 N 0019'09" E 0.69' SOUTHERN CALIFORNIA TELEPHONE CO. REC. 7/10/1933 IN BK. 131, PG. 119 O.R. L14 N 50'53'07" W 93.48' L15 N 89'40'50" W 3.93, A PIPELINE EASEMENT IN FAVOR OF SOUTHERN L16 S 0019'10" W 7.50' PACIFIC PIPE LINES INC. REC. 9/19/1960 IN BK. 2768 L17 N 89'40'50" W 2.33' PG. 40 O.R. L18 S 0019'10" W 8.00, A FIBER OPTIC EASEMENT IN FAVOR OF MCI L19 N 89'40'50" W 1.75' REC. 5/17/1991 AS INST. NO. 165201 O.R. L20 S 00'19'10" W 8.00, L21 N 89'40'50" W 1.25' A PIPELINE EASEMENT IN FAVOR OF SANTA L22 S 0019'10" W 8.00, FE PACIFIC PIPELINES, INC. REC. 9/16/1994 AS L23 N 89'40'50" W 1.17' INST. NO. 94-359165 O.R. L24 S 0019'10" W 15.00' L25 N 89'40'50" W 6.50' L26 N 0019'10" E 15.00' APN 569-100-006 NON-PLOTTABLE EASEMENTS L27 N 89'40'50" W 0.58' L28 N 00*19'10" E 8.00' A PUBLIC UTILITY EASEMENT IN FAVOR OF L29 N 89'40'50" W 0.75' PACIFIC TELEPHONE AND TELEGRAPH CO. REC. 1/23/1912 L30 N 00-19'10" E 8.00, IN BK. 344, PG. 227 OF DEEDS. L31 N 89'40'50" W 1.00' A PIPELINE EASEMENT IN FAVOR OF L32 N 0019'10" E 8.00' SOUTHERN PACIFIC PIPE LINES, INC. REC. 9/19/1960 L33 N 89'40'50" W 1.67' IN BK. 2768, PG. 40, O.R. L34 N 00'19'10" E 9.00, L35 S 89'40'50" E 4.20' A FIBER OPTIC EASEMENT IN FAVOR OF L36 N 00'19'10" E 33.41' MCI REC. 5/17/1991 AS INST. NO. 165201 O.R. L37 N 64'43'01" E 0.86' A PIPELINE EASEMENT IN FAVOR OF L38 S 50'53'07" E 65.89' SANTA FE PACIFIC PIPELINES REC. 9/16/1994 L39 N 50'53'07" W 60.05' AS INST. NO. 94-359165 O.R. L40 N 39'06'53" E 6.00' L41 S 50'53'07" E 106.00' PLOTTED EASEMENTS L42 S 39'06'53" W 6.00' L43 N 50'53'07" W 45.95' E1 OVERHEAD CROSSING EASEMENT IN L44 N 50'53'07" W 66.89' FAVOR OF THE COUNTY OF RIVERSIDE L45 N 00*19'10" E 9.26' REC. 10/22/1952 IN BK. 1409, PG. L46 N 64'43'01" E 0.86' 566 O.R. AND BK. 1409, PG. 575 O.R. L47 S 50'53'07" E 65.89' L48 S 00'19'08" W 10.26' SHEET 3 OF 3 SHEETS REVISED BY: DATE: CITY OF PALM SPRINGS SCALE NO SCALE DRAWN BY: KA DATE:8-05-15 DOC, NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:8-11-15 APN 669-100-006 & 669-070-007 DWG. N0, APPROVED BY: DATE: SOUTHERN PACIFIC TRANSPORTATION CO. • EXHIBIT A-4 To Public Highway Overpass Crossing Agreement Cover Sheet for the Legal Description for Temporary Construction Rights 1200567.1 • EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-070-007 & 669-100-006 THOSE PORTIONS OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22 AND THE WEST HALF OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS: WESTERLY TEMPORARY CONSTRUCTION EASEMENT BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST 187.07 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE NORTH 89°40'50" WEST 75.00 FEET TO THE SOUTHWEST CORNER OF SAID EASEMENT THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22 NORTH 89040'50" WEST 11.51 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND 400 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY ACT OF CONGRESS, APPROVED ON MARCH 3, 1875; THENCE LEAVING SAID SOUTH LINE ALONG SAID SOUTHWESTERLY LINE NORTH 50053'07"WEST 28.77 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 50053'07" WEST 82.74 FEET; 2. THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 00017'56" EAST 513.37 FEET TO THE NORTHEASTERLY LINE OF SAID 400 FOOT WIDE STRIP OF LAND; 3. THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 50053'07" EAST 69.10 FEET; 4. THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 05012'30" WEST 96.79 FEET; 5. THENCE SOUTH 44039'14" EAST 74.98 FEET TO A LINE PARALLEL WITH AND DISTANT 75.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID SECTION 22; 6. THENCE ALONG SAID PARALLEL LINE SOUTH 00019'08"WEST 269.76 FEET; 7. THENCE LEAVING SAID PARALLEL LINE NORTH 89040'50"WEST 34.52 FEET; 8. THENCE SOUTH 00000'36" EAST 102.68 FEET TO THE TRUE POINT OF BEGINNING. EASTERLY TEMPORARY CONSTRUCTION EASEMENT BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SOUTHERN PACIFIC RAILROAD WITH THE CENTER LINE OF INDIAN CANYON DRIVE (FORMERLY INDIAN AVENUE) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 18 OF RECORDS OF SURVEY AT PAGE 2 ON AUGUST 20, 1951; THENCE ALONG SAID CENTER LINE OF INDIAN CANYON DRIVE SOUTH 00019'08" WEST Page 1 of 2 • EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 669-070-007 & 669-100-006 128.31 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF AN OVERHEAD CROSSING EASEMENT IN FAVOR OF THE COUNTY OF RIVERSIDE RECORDED OCTOBER 22, 1952 IN BOOK 1409, AT PAGES 566 AND 575 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 50°53'07" EAST 96.23 FEET TO A LINE PARALLEL WITH AND DISTANT 75.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID SECTION 23; THENCE ALONG SAID PARALLEL LINE NORTH 00°19'08" EAST 23.67 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 00019'08" EAST 232.94 FEET TO THE NORTHEASTERLY LINE OF A STRIP OF LAND 200 FEET WIDE, GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY ACT OF CONGRESS, APPROVED ON JULY 27, 1866 AND APPROVED ON MARCH 3, 1871 AND AS SET FORTH IN THE PATENT FROM THE UNITED STATES OF AMERICA TO THE SOUTHERN PACIFIC RAILROAD COMPANY RECORDED JULY 31, 1905 IN BOOK 3, PAGE 228 OF PATENTS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; 2. THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 50053'07" EAST 94.99 FEET; 3. THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 0000602" WEST 257.46 FEET TO THE SOUTHWESTERLY LINE OF SAID 200 FOOT WIDE STRIP OF LAND; 4. THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50053'07" WEST 64.58 FEET; 5. THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 09024'51"WEST 27.08 FEET; 6. THENCE NORTH 49046'12" WEST 26.31 FEET TO THE TRUE POINT OF BEGINNING. AREA = 59,877 SQUARE FEET, MORE OR LESS SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.00002570 TO OBTAIN GROUND DISTANCES. SIGNATURE ` �A /- 8-11-2016 LAND MICHAEL A. HAVENER DATE PLS 7354 No. 7354 or 5151� Page 2 of 2 • EXHIBIT A-5 To Public Highway Overpass Crossing Agreement Cover Sheet for the Survey Print for Temporary Construction Rights 1200567.1 EXHIBIT " B " c' a��Q)AND sURL Op r-) \�Q,�apE gLFy O ti f Z Ji I 01 Z a * No. 7354 � Q a �6+ I N N U z qTF OF CAS-\F qpLO ` U U tiss z NOTE: SEE SHEET 2 FOR EASEMENT 9 1 N N Q NOTES AND TABULATED LINE \pp`� � DATA. P.O.B. INT. OF THE CENTER LINE OF Apo INDIAN CANYON DR. (INDIAN AVE.) 4, / AND SOUTHERN PACIFIC RAILROAD AS SHOWN ON ROS 18/2 N r W r, r� �+ Fj o / A Jr ✓ 2J 1 ' J J�� JF-1 4r, L8 J W r%7 ui s C6 m H CPOr N O r- O INJl% �, o � w T i LO L70 r T.P.O.B.J L1� O�O�CA WLY TCE gAtiss 75' 75' 9N/0 •19+ LSE/ / GE�N TEMPORARY D71 LL/�/]] REA59,8707N SO.UFT., MORE ORCTION ELESSNT TCE) 0 50 100 200 P.O.B. POINT OF BEGINNING MULTIPLY DISTANCE BY 1,00002570 TO OBTAIN GROUND DISTANCES T.P.O.B. TRUE POINT OF BEGINNING SHEET 1 OF 2 SHEETS REVISED BY: DATE: CITY OF PALM SPRINGS SCALE - 100 DRAWN BY: KA DATE:4-14-15 DOC. NO. INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:B-11-16 APN 669-100-006 & 669-070-007 APPROVED BY: DATE: SOUTHERN PACIFIC TRANSPORTATION CO. DWG. N0. APN 669-070-007 NON-PLOTTABLE EASEMENTS RIGHT-OF-WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED LINE TABLE STATES AND RESERVING UNTO THE UNITED STATES, LINE BEARING LENGTH IT'S PERMITTEES OR LICENSEES, THE RIGHT TO L1 N 89'40'50" W 11.51' OCCUPY AND USE ANY PART OF SECTION 22 LYING L2 N 50'53'07" W 28.77' WITHIN FIFTY FEET OF THE CENTER LINE OF THE L3 N 50'53'07" W 82.74' TRANSMISSION LINE RIGHT-OF-WAY OF THE L4 S 50'S3'D7" E 69.10' COACHELLA VALLEY ICE AND ELECTRIC COMPANY REC. 11/23/1921 IN BK. 8, PG. 204 OF PATENTS. L5 S 05'12'30" W 96.79' L6 S 44'39'14" E 74.98' A POLE LINE EASEMENT IN FAVOR OF THE L7 S 00'19'08" W 269.76' SOUTHERN CALIFORNIA TELEPHONE CO. REC. 7/10/1933 L8 N 89'40'50" W 34.52' IN BK, 131, PG. 119 O.R. L9 S 00'00'36" E 102.68' A PIPELINE EASEMENT IN FAVOR OF SOUTHERN L10 N 89'40'50" W 75.00' PACIFIC PIPE LINES INC. REC. 9/19/1960 IN BK. 2768 L11 S 50'53'07" E 96.23' PG. 40 O.R. L12 N 00'19'08" E 23.67' L13 N 00'19'08" E 232.94' A FIBER OPTIC EASEMENT IN FAVOR OF MCI L14 S 50'53'07" E 94.99' REC. 5/17/1991 AS INST. NO. 165201 O.R. L15 S 00'05'02" W 257.46' A PIPELINE EASEMENT IN FAVOR OF SANTA L16 N 50'53'07" W 64.58' FE PACIFIC PIPELINES, INC. REC. 9/16/1994 AS L17 N 09'24'51" W 27.08' INST. NO. 94-359165 O.R. L18 N 49*46'12" W 26.31' APN 669-100-006 NON-PLOTTABLE EASEMENTS A PUBLIC UTILITY EASEMENT IN FAVOR OF PACIFIC TELEPHONE AND TELEGRAPH CO. REC. 1/23/1912 IN BK. 344, PG. 227 OF DEEDS. PLOTTED EASEMENTS EASEMENT IN FAVOR OF SOUTHERN HERN PACIFIC PPE LINES, INC. REC. 9/19/1960 E1 PALM SPRINGS PASSENGER IN BK. 2768, PG. 40, O.R. TERMINAL EASEMENT IN FAVOR A FIBER OPTIC EASEMENT IN FAVOR OF OF THE CITY OF PALM SPRINGS MCI REC. 5/17/1991 AS INST. NO. 165201 O.R. REC. 8/07/1995 AS INST. NO. 255964 O.R. A PIPELINE EASEMENT IN FAVOR OF E2 OVERHEAD CROSSING EASEMENT IN SANTA FE PACIFIC PIPELINES REC. 9/16/1994 FAVOR OF THE COUNTY OF RIVERSIDE AS INST. N0. 94-359165 O.R. REC. 10/22/1952 IN BK. 1409, PG. 566 O.R. AND BK. 1409, PG. 575 O.R. SHEET 2 OF 2 SHEETS REVISED BY: DATE: CITY OF PALM SPRINGS SCALE NO SCALE DRAWN BY: KA DATE:4-14-15 DOC. N0, INDIAN CANYON DRIVE WIDENING CHECKED BY: MH DATE:8-11-16 APN 669-100-006 & 669-070-007 DWG. NO. APPROVED BY: DATE: SOUTHERN PACIFIC TRANSPORTATION CO. • EXHIBIT B To Public Highway Overpass Crossing Agreement Cover Sheet for the General Terms and Conditions 120056T1 N PACIFIC RAILROAD COMPANY IC HIGHWAY OVERPASS CROSSING AGREEMENT HU LDING AMERIM Standard Form Approved,AVP-Law 03/01/2013 EXHIBIT B TO PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT GENERAL TERMS AND CONDITIONS SECTION 1 - CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Public Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Public Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Public Body for the purpose of conveying electric power or communications incidental to the Public Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad,and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Public Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded,and also to any renewals thereof. The Public Body shall not damage,destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Public Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property and the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to the Structure, provided that such attachments shall comply with Public Body's specifications and will not interfere with the Public Body's use of the Crossing Area. E. So far as it lawfully may do so,the Public Body will assume,bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special)levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Structure and its appurtenances, or for the performance of any work in connection with the Project, the Public Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2- CONSTRUCTION OF STRUCTURE A. The Public Body, at its expense,will apply for and obtain all public authority required by law,ordinance, rule or regulation for the Project,and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Public Body,at its expense,will furnish all necessary labor, material and equipment, and shall construct and complete the Structure and all appurtenances thereof. The appurtenances shall include,without limitation,all necessary and proper drainage facilities,guard rails or barriers,and right of way fences between the Structure and the railroad tracks. Upon completion of the Project,the Public Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Public Body upon the Railroad's property (including, but not limited to, construction of the Structure and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in General Terms&Conditions Page 1 of 5 i Exhibit B 1200567.1 UNION PACIFIC RAILROAD COMPANY g&LIC HIGHWAY OVERPASS CROSSING AGREEMENT BW DING AMERIW dard Form Approved,AVP-Law 0 3/0 11201 3 compliance with the Plans,the Railroad's Coordination Requirements set forth in Exhibit D and other guidelines furnished by the Railroad. D. All construction work of the Public Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended,discontinued or unduly delayed without the Railroad's written consent,and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains,engines or cars may cause delays in the work of the Public Body. The Public Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the Public Body and/or the Contractor. SECTION 3 - INJURY AND DAMAGE TO PROPERTY If the Public Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Public Body is responsible under the provisions of this Agreement, shall injure,damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad,such property shall be replaced or repaired by the Public Body at the Public Body's own expense,or by the Railroad at the expense of the Public Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4- RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than railroad forces.The Railroad shall notify the Public Body of the contract price within ninety(90)days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Public Body shall reimburse the Railroad for the amount of the contract. SECTION 5- MAINTENANCE AND REPAIRS A. The Public Body, at its expense, shall maintain, repair and renew, or cause to be maintained,repaired and renewed,the entire Structure,including, but not limited to,the superstructure,substructure,piers,abutments,walls,approaches and all backfill, grading and drainage required by reason of the Structure,as well as all graffiti removal or overpainting involving the Structure. B. The Railroad, at its expense,will maintain, repair and renew, or cause to be maintained, repaired and renewed,the rails, ties, ballast and communication and signal facilities owned by the Railroad beneath the Structure. SECTION 6- SAFETY MEASURES: PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Public Body that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the Public Body shall also include the Contractor and their respective officers,agents and employees,and others acting under its or their authority;and all references in this Agreementto work of the Public Body shall include work both within and outside of the Railroad's property. B. Entry on to Railroad's Property by Public Bodv. If the Public Body's employees need to enter Railroad's property in order to perform an inspection of the Structure,minor maintenance or other activities,the Public Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad's property,the Public Body,to the extent permitted by law, agrees to release,defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Public Body's employees,or damage to any property or equipment(collectively the"Loss")that arises from the presence or activities of Public Body's employees on Railroad's property,except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flaaaina. (i) If the Public Body's employees need to enter Railroad's property as provided in Paragraph B above,the Public Body agrees to notify the Railroad Representative at least thirty(30)working days in advance of proposed performance of any work by Public Body in which any person or equipment will be within twenty-five(25)feet of any track, or will be General Terms&Conditions Page 2 of 5 Exhibit B 1200567.1 U PACIFIC RAILROAD COMPANY P1W HIGHWAY OVERPASS CROSSING AGREEMENT BUILDING AMER" Standard Form Approved,AVP-Law 03/01/2013 @_ near enough to any track that any equipment extension(such as,but not limited to,a crane boom)will reach to within twenty-five (25)feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s),material(s),vehicle(s),or thing(s)shall be located,operated,placed,orstored within twenty-five(25)feet of any of Railroad's track(s)at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty(30)day notice,the Railroad Representative will determine and inform Public Bodywhether a flagman need be present and whether Public Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Public Body for such expenses incurred by Railroad. If Railroad performs any flagging,or other special protective or safety measures are performed by Railroad, Public Body agrees that Public Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor,a composite charge for vacation,holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime,Saturdays and Sundays,and two and one-half times current hourly rate for holidays. Wage rates are subject to change,at any time,by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Public Body shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day,in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to otherwork,even though Public Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements,Public Body must provide Railroad a minimum of five(5)days notice prior to the cessation of the need for a flagman. If five(5)days notice of cessation is not given, Public Body will still be required to pay flagging charges for the five(5)day notice period required by union agreement to be given to the employee,even though flagging is not required for that period. An additional thirty(30)days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Public Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Public Body shall use only such methods as are consistent with safety, both as concerns the Public Body,the Public Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Public Body(without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Public Body to comply with any such laws, regulations,and enactments, shall result in any fine, penalty,cost or charge being assessed, imposed or charged against the Railroad, the Public Body shall reimburse and, to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Public Body further agrees in the event of any such action,upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. E. No Interference or Delays. The Public Body shall not do,suffer or permit anything which will or may obstruct,endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks orfacilities,or any communication orsignal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Public Body,at its own expense,shall adequately police and supervise all work to be performed by the Public Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Public Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Public Body with any requests or recommendations made by such General Terms&Conditions Page 3 of 5 Exhibit B 1200567.1 CPACIFIC RAILROAD COMPANY C HIGHWAY OVERPASS CROSSING AGREEMENT BOLDING AMERtCK Standard Form Approved,AVP-Law 03/01/2013 a- representatives. If a representative of the Railroad is assigned to the Project,the Public Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Public Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Public Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Public Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Public Body shall not cause,suffer or permit material or debris to be deposited or cast upon,or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Public Body at the Public Body's own expense or by the Railroad at the expense of the Public Body. The Public Body shall not cause,suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Public Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services,which shall not be given if,in the sole discretion of the Railroad's Vice President-Engineering Services,such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof,the"vicinity of the Railroad's property"shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons,or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. J. Excavation. The Public Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Public Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Public Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Public Body in connection with construction,maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering-Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Public Body,at the Public Body's own expense,shall provide and maintain suitable facilities for draining the Structure and its appurtenances,and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Public Body, at the Public Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Public Body, be impeded,obstructed, diverted or caused to back up,overflow or damage the property of the Railroad or any part thereof,or property of others. The Public Body shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Public Body shall provide the advance notice that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Public Body shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday,except holidays)at 1-800-336-9193(also a 24-hour, 7-day number for emergency calls)to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Public Body. If it is, Public Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 7 - INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Public Body,or by agreement between the parties,that new or improved train activated warning devices should be installed at the Crossing Area, the Public Body shall install adequate General Terms 8 Conditions Page 4 of 5 Exhibit B 1200567.1 N PACIFIC RAILROAD COMPANY LIC HIGHWAY OVERPASS CROSSING AGREEMENT BUIUDING AMERIW Standard Form Approved,AVP-Law 0 310 112 01 3 @_ temporary warning devices or signs and impose appropriate vehicular control measures to protectthe motoring public until the construction or reconstruction of the Structure has been completed. SECTION 8- OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 9 - BOOKS AND RECORDS The books, papers,records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project,or are associated with the work to be performed by Railroad under this Project,shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Public Body for a period of three(3)years following the date of Railroad's last billing sent to Public Body. SECTION 10-.REMEDIES FOR BREACH OR NONUSE A. If the Public Body shall fail,refuse or neglect to perform and abide by the terms of this Agreement,the Railroad,in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Structure and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Public Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Public Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Public Body hereunder. C. The Public Body will surrender peaceable possession of the Crossing Area and Structure upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise,which may have arisen prior to termination. SECTION 11 - MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Public Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Public Body shall not affect or impair any right arising from any subsequent default.This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Public Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral,with respect to the work or any part thereof. General Terms&Conditions Page 5 of 5 Exhibit B 1200567.1 • EXHIBIT C To Public Highway Overpass Crossing Agreement Railroad's Material and Force Account Estimate 1200567J • Exhibit C SUMMARY OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD COMPANY FOR THE CITY OF PALM SPRINGS, CA—INDIAN CANYON DR OVERPASS DESCRIPTION OF WORK: Reconstruction of existing grade Separation MP 588.35 Yuma Subdivision, Indian Canyon Dr, Palm Springs, CA. Includes UPRR flagging. Riverside County Indian Canyon Dr overpass LOCATION: Los Angeles Service Unit STATE: California DATE: 03/24/2016 DESCRIPTION TOTAL CITY OF PALM SPRINGS Flagging (500 days x $1,600)* $800,000 Engineering,project inspections $50,000 TOTAL PROJECT $850,000 TOTAL ESTIMATED COST OF PROJECT LESS CREDITS $850,000.00 THE ABOVE FIGURES ARE ESTIMATEES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OF AMOUNT OF MATERIAL OR LABOR REQUIRED, THE CITY WILL BE BILLED FOR THE ACTUAL CONSTRUCTION COST AT THE CURRENT RATES EFFECTIVE THEROF. • EXHIBIT D To Public Highway Overpass Crossing Agreement Railroad's Coordination Requirements 1200567.1 Public Highway 06/01/10 �dard Form Approved,AVP-Law EXHIBIT D TO PUBLIC HIGHWAY GRADE-SEPARATED CROSSING AGREEMENT RAILROAD COORDINATION REQUIREMENTS 1.01 DEFINITIONS Agreement: Agreement that has been signed, or will be signed, between Railroad and Agency/Political Body covering the construction and maintenance of the Project. Agency: City of Los Angeles AREMA: American Railway Engineering and Maintenance-of-way Association Contractor: The contractor or contractors hired by the Agency to perform any project work on any portion of Railroad's property and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents, and others acting under its or their authority. MUTCD: Manual on Uniform Traffic Control Devices Project: Indian Ave Railroad: Union Pacific Railroad Company Railroad Project Representative: Railroad's Manager of Industry and Public Projects for this Project(see Section 1.03) Railroad MTM Representative: Railroad's Manager of Track Maintenance for this Project(see Section 1.03) Requirements: The Railroad Coordination Requirements set forth in this Exhibit. 1.02 DESCRIPTION This Project includes construction work within Railroad's right-of-way. These Requirements describe coordination with the Railroad when work by the Contractor will be performed upon,over or under the Railroad right-of-way or may impact current or future Railroad operations. The Contractor will coordinate with the Railroad while performing the work outlined in this Agreement and shall afford the same cooperation with the Railroad as it does with the Agency. All submittals and work shall be completed in compliance with these Requirements,Railroad guidelines and requirements,AREMA recommendations and/or as directed by the Railroad Local Representative and/or the Railroad MTM Representative. 1.03 UPRR CONTACTS The Railroad Project Representative for this pro4ect is: Alex Popovici MGR. IND. &PUB. PROJ. 631 S. 7th St. Phoenix, AZ 85034 (602) 290-2438 For Railroad flagging services and track work, contact the following Railroad MTM Representative: REMY STEFFER MGR TRACK MNTCE 909-685-2154 cjsmith@up.com 1.04 PLANS/SPECIFICATIONS The plans and specifications for this Project, affecting the Railroad, are subject to the written approval by the Railroad. Changes in the plans made after the execution of the Agreement and/or the awarding of the Project to the Contractor are subject to the prior review and written approval of the Agency and the Railroad. No construction work shall commence until Public Highway06101/10 Page 1 of 6 Exhibit D Standard Form Approved,AVP-Law Railroad's Coordination Requirements is Highway 06/01/10 dard Form Approved,AVP-Law final stamped plans and/or changes to final stamped plans have been reviewed and approved by the Railroad in writing. The Railroad's review and approval of the Agency's and/or Contractor's plans in no way relieves the Agency and Contractor from their responsibilities, obligations and/or liabilities under this Agreement,Agency's agreementwith the Contractor for the Project and/or in the separate Contractor's Right of Entry Agreement referenced in Section 1.08. Railroad's approval will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of Agency's and/or Contractor's plans and that any reliance by the Agency or the Contractor with respect to such plans is at the risk of the Agency and the Contractor. 1.05 UTILITIES AND FIBER OPTICS A. All installations shall be constructed in accordance with currentAREMA recommendations and Railroad specifications and requirements. Railroad general guidelines and the required application forms for utility installations can be found on the Railroad website at htto://www.uorr.com/reus/oii)eline/install.shtml. B. It shall be the responsibility of the Contractor,at its expense,to make arrangements directly with utility companies involving the protection, encasement, reinforcement, relocation, replacement, removing or abandonment in place of non-railroad facilities affected by the Project. Railroad has no obligation to supply additional Railroad property for non-railroad facilities affected by this Project, nor does the Railroad have any obligation to permit non railroad facilities to be abandoned in place or relocated on Railroad's property. Any facility and/or utility that crosses Railroad right of way must be covered under an agreement with the Railroad including, without limitation, any relocations of an existing facility and/or utility. C. Any longitudinal fiber optic lines on Railroad right of way shall be treated as Railroad facilities. Project design may need to be altered to accommodate such facilities. D. Any fiber optic relocations or protections that are required due to this Project will be at the Agency's expense. 1.06 GENERAL A. It is essential that the proposed construction shall be performed without interference to Railroad operations and in compliance with all applicable Railroad and Federal Railroad Administration rules and regulations. The Railroad shall be reimbursed by the Contractor or Agency for train delay costs and lost revenue claims due to any delays or interruption of train operations resulting from the Contractor's construction or other activities. B. Track protection is required for all work equipment(including rubber tired equipment)operating within 25 feet from nearest rail. All work shall be designed and executed outside the temporary construction clearance envelope defined in Section 1.12. C. The Contractor is also advised that new facilities within the Project may be scheduled to be built by the Railroad and that certain Contractor's activities cannot proceed until that work is complete. The Contractor shall be aware of the limits of responsibilities, allow sufficient time in the schedule for that work to be accomplished and shall coordinate its efforts with the Railroad. 1.07 RAILROAD OPERATIONS A. The Contractor shall be advised that trains and/or equipment should be expected on any track, at anytime, and in either direction. The Contractor shall communicate with the Railroad MTM Representative to improve the Contractor's understanding of Railroad traffic volume and operation at the Project site. The Contractor's bid shall be structured assuming intermittent track windows as defined in Section 1.07 C B. All Railroad tracks within and adjacent to the Project site are to be assumed as active and rail traffic over these facilities shall be maintained throughout the Project.Activities may include both through moves and switching moves to local customers. Railroad traffic and operations can occur continuously throughout the day and night on these tracks and shall be maintained at all times as defined herein. The Contractor shall coordinate and schedule the work so that construction activities do not interfere with Railroad's operations. C. Work windows for this Project shall be coordinated with the Agency or Contractor and the Railroad Project Representative and the Railroad MTM Representative. Types of work windows include Conditional Work Windows and Absolute Work Windows, as defined below: Public Highway 06/01/10 Page 2 of 6 Exhibit D Standard Form Approved,AVP-law Railroad's Coordination Requirements PuJ ighway 06/01110 StAW Form Approved,AVP-Law 1. Conditional Work Window: A period of time in which Railroad's operations have priority over construction activities. When construction activities may occur on and adjacent to the railroad tracks within 25-feet of the nearest track, a Railroad flag person will be required. At the direction of the flag person, upon approach of a train and when trains are present on the tracks,the tracks must be cleared(i.e.,no construction equipment,materials or personnel within 25-feet from the nearest active track or as directed by the Railroad MTM Representative). Conditional Work Windows are available for the project subject to Railroad's local operating unit review and approval. 2. Absolute Work Window: A period of time in which construction activities are given priority over Railroad's operations. During this time the designated Railroad track(s) will be inactive for train movements and may be fouled by the Contractor. Before the end of an Absolute Work Window, all Railroad tracks and signals must be completely operational for normal train operations. Also, all Railroad, Public Utilities Commission and Federal Railroad Administration requirements, codes and regulations for operational tracks must be complied with. Should the operating tracks and/or signals be affected, the Railroad will perform inspections of the work prior to placing the affected track back into service. Railroad flag persons will be required for construction activities requiring an Absolute Work Window. Absolute Work Windows will generally not be granted. Any request will require a detailed written explanation for Railroad review and approval. 1.08 RIGHT OF ENTRY, ADVANCE NOTICE AND WORK STOPPAGES A. Prior to beginning anywork within the Railroad right-of-way,the Contractor shall enter into an agreementwith the Railroad in the form of the Contractor's Right of Entry Agreement,attached as Exhibit E, or latest version thereof provided by the Railroad. There is a fee for processing of the agreement which shall be borne by the Contractor. The right of entry agreement shall specify working time frames, flagging, inspection and insurance requirements and any other items specified by the Railroad. B. The Contractor shall give advance notice to the Railroad as required in the Contractor's Right of Entry Agreement before commencing work in connection with construction upon or over Railroad's right-of-way and shall observe the Railroad rules and regulations with respect thereto. C. All work upon the Railroad right-of-way shall be done at such times and in such a manner as not to interfere with or endanger the operations of the Railroad. Whenever work may affect the operations or safety of trains,the method of doing such work shall first be submitted to the Railroad MTM Representative for approval,but such approval shall not relieve the Contractor from liability.Any work to be performed by the Contractor,which requires flagging service or inspection service, shall be deferred until the flagging protection required by the Railroad is available at the job site. See Section 1.21 for railroad flagging requirements. D. The Contractor shall make requests in writing to both the Railroad Project Representative and the Railroad MTM Representative for both Absolute and Conditional Work Windows,at least two weeks in advance of anywork. The written request must include: 1. Description of work to be done. 2. The days and hours that work will be performed. 3. The exact location of the work and proximity to the tracks. 4. The type of window and amount of time requested. 5. The designated contact person for the Contractor. The Contractor shall provide a written confirmation notice to the Railroad MTM Representative at least fifteen (15)days prior to commencing work in connection with the approved work windows when work will be performed within 25 feet of any track center line. All work shall be performed in accordance with previously approved work plans. E. Should a condition arise from,or in connection with,the work which requires immediate and unusual actions to be made to protect operations and property of the Railroad, the Contractor shall undertake such actions. If, in the judgment of the Railroad MTM Representative,such actions are insufficient,the Railroad MTM Representative may require or provide such actions as deemed necessary. In any event, such actions shall be at the Contractor's expense and without cost to the Railroad. The Railroad or Agency have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of the Railroad MTM Representative,the Contractor's operations may inhibit the Railroads Public Highway 06/01/10 Page 3 of 6 Exhibit D Standard Form Approved,AVP-Law Railroad's Coordination Requirements Public Highway 06/01/10 Ord Form Approved,AVP-Law operations. In the event such an order is given, the Contractor shall immediately notify the Agency of the order. 1.09 INSURANCE The Contractor shall not begin work within the Railroad's right-of-way until the Railroad has been furnished the insurance policies, binders, certificates and endorsements required by the Contractor's Right-of-Entry Agreement, and the Railroad Project Representative has advised the Agency that such insurance is in accordance with such Agreement. The required insurance shall be kept in full force and effect during the performance of work and thereafter until the Contractor removes all tools, equipment, and material from Railroad property and cleans the premises in a manner reasonably satisfactory to the Railroad. 1.10 RAILROAD SAFETY ORIENTATION All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course "Orientation for Contractor's Safety" and be registered prior to working on Railroad property. This orientation is available at www.contractororientation.com. This course is required to be completed annually. The preceding training does not apply for longitudinal fiber optic installations. 1.11 COOPERATION The Railroad shall cooperate with the Contractor in the scheduling of Project work with the understanding that Railroad's train operations at the job site shall have priority over the Contractor's activities. 1.12 CONSTRUCTION CLEARANCES The Contractor shall abide by the twenty-one(21)foot temporary vertical construction clearance defined in section 4.4.1.1 and twelve(12)foot temporary horizontal construction clearance defined in section 4.4.1.2 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. It shall be the Contractor's responsibility to obtain such guidelines from the Agency or Railroad. Reduced temporary construction clearances, which are less than construction clearances defined above, will require special review and approval by the Railroad. Any proposed variance on the specified minimum clearances due to the Contractor's operations shall be submitted to the Railroad Project Representative through the Agency at least thirty (30) days in advance of the work. No work shall be undertaken until the variance is approved in writing by the Railroad Project Representative. 1.13 SUBMITTALS A. Construction submittals and Requests for Information (RFI) shall be submitted per Section 3.5 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. B. The minimum review times, as indicated in tables 3-1 and 3-2 of Section 3.5 of the BNSF and UPRR Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals. Guidelines for Railroad Grade Separation Projects,should be anticipated for review of all submittals. The details of the construction affecting the Railroad tracks and property, not already included in the contract plans, shall be submitted by the Agency to the Railroad Project Representative for the Railroad's review and written approval before such construction is undertaken. The Railroad shall not be liable to Agency, Contractor, and or any other person or entity if the Railroad's review exceeds a four-week review time. C. As Built Submittals shall be submitted per Section 3.6 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. 1.14 MAINTENANCE OF PROPER DRAINAGE AND DAMAGE TO RAILROAD FACILITIES A. The Contractor, at its expense, shall be required to maintain all ditches and drainage structures free of silt or other obstructions which may result from the Contractor's operations and to repair and restore any Railroad property, tracks and facilities of Railroad and/or its tenants. Public Highway 06/01/10 Page 4 of 6 Exhibit D Standard Form Approved,AVP-Law Railroad's Coordination Requirements is Highway dard Form Approved, d,AVP-Law B. The Contractor must submit a proposed method of erosion control and have the method reviewed and approved by the Railroad prior to beginning any grading on the project site. Erosion control methods must complywith all applicable local,state and federal regulations. 1.15 SITE INSPECTIONS BY RAILROAD PROJECT REPRESENTATIVE, RAILROAD MTM REPRESENTATIVE OR RAILROAD'S CONTRACTOR A. In addition to the office reviews of construction submittals, site observations will be performed by the Railroad Project Representative, Railroad MTM Representative or Railroad's Contractor at significant points during construction per Section 4.11 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. B. Site inspections are not limited to the milestone events listed in the guidelines. Site visits to check the progress of work may be performed at any time throughout the construction process as deemed necessary by the Railroad. C. A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and construction sequence for all work to be performed,shall be provided by the Contractor to the Agency for submittal to the Railroad's Project Representative for review and approval prior to commencement of work.This schedule shall also include the anticipated dates on which the above listed events will occur. This schedule shall be updated for all critical listed events as necessary but at least monthly so that site visits may be scheduled. 1.16 RAILROAD REPRESENTATIVES A. Railroad representatives,conductors,flag persons or watch persons will be provided by the Railroad at the expense of the Agency or Contractor(as stated elsewhere in these bid documents)to protect Railroad facilities,property and movements of its trains and engines. In general, the Railroad will furnish such personnel or other protective services as follows: 1. When any part of any equipment or object, such as erection or construction activities, is standing or being operated within 25-feet, measured horizontally from centerline, of any track on which trains may operate. 2. For any excavation below the elevation of track subgrade when, in the opinion of the Railroad MTM Representative, the track or other Railroad facilities may be subject to settlement or movement. 3, During any clearing, grubbing, excavation or grading in proximity to Railroad facilities which, in the opinion of the Railroad MTM Representative, may affect Railroad facilities or inhibit operations. 4. During any Contractor's operations when, in the opinion of the Railroad MTM Representative,the Railroad facilities, including, but not limited to, tracks, buildings, signals, wire lines or pipe lines, may be endangered. B. The Contractor shall arrange with the Railroad Local Representative to provide the adequate number of flag persons to accomplish the work. 1.17 WALKWAYS REQUIRED Parallel to the outer side of each exterior track of multiple operated track and on each side of single operated track, an unobstructed continuous space suitable for trainman's use in walking along trains,extending in width not less than twelve feet (12')perpendicular from centerline of track,shall be maintained.Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during working hours must be covered,guarded and/or protected as soon as practical. Walkways with railings shall be constructed by the Contractor over open excavation areas when in close proximity of track,and railings shall not be closer than 9' perpendicular from the center line of tangent track or 9'—6" horizontal from curved track. 1.18 COMMUNICATIONS AND SIGNAL LINES If required,the Railroad,at Agency's expense,will rearrange its communications and signal lines,grade crossing warning devices, train signals, tracks and facilities that are in use and maintained by Railroad forces in connection with its operation. This work by the Railroad will be done by its own forces or by contractors under a continuing contract and may or may not be a part of the work under this contract. 1.19 TRAFFIC CONTROL The Contractor's operations which control traffic across or around Railroad facilities shall be coordinated with and approved by the Railroad MTM Representative and shall be in compliance with the MUTCD. Public Highway 06/01/10 Page 5 of 6 Exhibit D Standard Form Approved,AVP-Law Railroad's Coordination Requirements is Highway dard FormApproppro Approved,AVP-Law 1.20 CONSTRUCTION EXCAVATIONS:CALL BEFORE YOU DIG NUMBER A. The Contractor shall be required to take special precautions and care in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls or other facilities that require shoring shall comply with requirements of OSHA,AREMA and Railroad"Guidelines for Temporary Shoring". B. In addition to calling the"811"number and/or the local"one call center",the Contractor shall call the Railroad's"Call Before Your Dig"number at least 48 hours prior to commencing work at 1-800-336-9193 during normal business hours(6:30 a.m.to 8:00 p.m. Central Standard Time, Monday through Friday, except holidays - also a 24 hour, 7 day a week number for emergency calls)to determine location of fiber optics. If a telecommunications system is buried anywhere on or near Railroad property,the Contractor will co-ordinate with the Railroad and the Telecommunication Company(ies)to arrange for relocation or other protection of the system prior to beginning any work on or near Railroad property. The determination of whether fiber .optics will be affected by the Project shall be made during the initial design phase of the Project. C. The Railroad does not allow temporary at grade crossings unless absolutely necessary and there is no alternative route available to contractor to access the project site. Alternative plans should be considered to avoid crossing Railroad tracks at grade. 1.21 RAILROAD FLAGGING Performance of any work by the Contractor in which person(s)or equipment will be within twenty-five(25)feet of any track, or that any object or equipment extension (such as, but not limited to, a crane boom)will reach within twenty-five(25)feet of any track, require railroad flagging services or other protective measures. The Contractor shall give an advance notice to the Railroad as required in the Contractor's Right of Entry Agreement before commencing any such work,allowing the Railroad to determine the need for flagging or other protective measures which ensure the safety of Railroad's operations,employees and equipment. Contractor shall comply with all other requirements regarding flagging services covered by the Contractor's Right of Entry Agreement. Any costs associated with failure to abide by these requirements will be borne by the Contractor. The estimated pay rate for each flag person is$1400.00 per day for a(n)8-hour work day with time and one-half for overtime,Saturdays,Sundays;double time and one-half for holidays. Flagging rates are set by the Railroad and are subject to change due to, but not limited to, travel time, setup plus, per diem and rest time (if work is required at night). 1.22 CLEANING OF RIGHT-OF-WAY The Contractor shall, upon completion of the work to be performed within the right-of-way and/or properties of the Railroad and adjacent to its tracks,wire lines and other facilities, promptly remove from the Railroad right-of-way all Contractor's tools, implements and other materials whether brought upon the right-of-way by the Contractor or any subcontractors employee or agent of Contractor or of any subcontractor,and leave the right-of-way in a clean and presentable condition to the satisfaction of the Railroad. 1.23 CONTRACTOR'S RESPONSIBILITY OF SUPERVISION The Contractor,at its expense,shall adequately supervise all work to be performed by the Contractor. Such responsibility shall not be lessened or otherwise affected by Railroad's approval of plans and specifications, or by the presence at the work site of the Railroad Project Representative, Railroad MTM Representative or any other Railroad representative or Railroad contractor providing inspection services,or by the compliance by the Contractor with any requests or recommendations made by such representatives. The Contractor will give due consideration to suggestions and recommendations made by such representatives for the safety and protection of the Railroad's property and operations. 1.24 USE OF EXPLOSIVES AT PROJECT SITE PROHIBITED The Contractor's use of explosives at the Project site is expressly prohibited unless authorized in advance in writing bythe Railroad Project Representative. Public Highway 06/01/10 Page 6 of 6 Exhibit D Standard Form Approved,AVP-Law Railroad's Coordination Requirements • EXHIBIT E To Public Highway Overpass Crossing Agreement Cover Sheet for the Railroad's Form of Contractor's Right of Entry Agreement 1200567.1 UNION PACIFIC RAILROAD COMPANY AWRACTOR'S RIGHT OF ENTRY AGREEMENT StMILDING AMER K pproved:AVP Law 03/01/2013 Folder No.: 2816-73 UPRR Audit No.: CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of 2017, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and (Name of Contractor) a corporation ("Contractor"). RECITALS: Contractor has been hired by the City of Palm Springs("City")to reconstruct the existing grade- separated public road crossing for Indian Canyon Drive, (DOT 760705M) at Railroad's Mile Post 588.35 on the Railroad's Yuma Subdivision at or near Palm Springs,Riverside County,California, as such location is in the general location shown on the Railroad Location Print marked Exhibit A, attached hereto and hereby made a part hereof, which work is the subject of an agreement dated , 2017, between the Railroad and the City. The Railroad is willing to permit the Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors,subcontractors,officers,agents and employees,and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein,or as designated by the Railroad Representative named in Article 4. Articles of Agreement Page 1 of 4 noON PACIFIC RAILROAD COMPANY TRACTOR'S RIGHT OF ENTRY AGREEMENT �tIUDfN6 AMERKK Approved AVP Law 03/01/2013 8 ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B,C & D. The General Terms and Conditions contained in Exhibit B, the Insurance Requirements contained in Exhibit C, and the Minimum Safety Requirements contained in Exhibit D, each attached hereto, are hereby made a part of this Agreement. ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): Charlie Smith Mgr Track Mntce PO Box ZZ45-050 Pacific Indio, CA 92202 909-685-2154 cjsmith@up.com C. Contractor,at its own expense,shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work,or by the presence at the work site of a Railroad Representative,or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5- SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad Representative named in Article 413 above. The reports shall start at the execution of this Agreement and continue until this Agreement is terminated as provided in this Agreement or until the Contractor has completed all work on Railroad's property. ARTICLE 6- TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until , unless sooner terminated as herein (Expiration Date) provided,or at such time as Contractor has completed its work on Railroad's property,whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. Articles of Agreement Page 2 of 4 ON PACIFIC RAILROAD COMPANY TRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMEROW — rm Approved:AVP Law 03/01/2013 B. This Agreement maybe terminated by either party on ten(10) days written notice to the other party. ARTICLE 7- CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the(i)insurance binders, policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this Agreement. B. All insurance correspondence,binders,policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, MS 1690 Omaha, NE 68179-1690 UPRR Folder No.: 2816-73 ARTICLE 8- DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad,Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 9 - CROSSINGS. No additional vehicular crossings (including temporary haul roads)or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. ARTICLE 10 - CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings(including temporary haul roads)or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules,regulations and guidelines,and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor's modifications,negligence,or any other reason arising from the Contractor's presence on the Railroad's property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. Articles of Agreement Page 3 of 4 Worm N PACIFIC RAILROAD COMPANY TRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMER"Approved:AVP Law 03/01/2013 ARTICLE 11 - EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID#94-6001323) Danielle Allen Senior Manager—Real Estate (Name of Contractor) By Printed Name: Title: Articles of Agreement Page 4 of 4 UMM PACIFIC RAILROAD COMPANY RACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING A►ERICK Form Approved:AVP Law 03/01/2013 EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT GENERAL TERMS &CONDITIONS Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING. A. Contractor agrees to notify the Railroad Representative at least thirty (30) working days in advance of Contractor commencing its work and at least ten(10)working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five(25)feet of any track,or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom)will reach to within twenty-five(25)feet of any track. No work of any kind shall be performed,and no person,equipment,machinery,tool(s),material(s),vehicle(s),orthing(s)shall be located,operated,placed,or stored within twenty-five(25)feet of any of Railroad's track(s)at any time,for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such ten(10)-day notice,the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor,Contractor shall pay such bills within thirty(30)days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad,Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included,computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change,at any time, by law or by agreement between Railroad and its employees,and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor(or the governmental entity, as applicable)shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished,unless the flagman can be assigned to other Railroad work during a portion of such day,in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work , even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five(5)days notice prior to the cessation of the need for a flagman. If five(5)days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5)day notice period required by union agreement to be given to the employee,even though flagging is not required for that period. An additional ten(10)days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct,maintain,repair,renew,use,operate, change,modify or relocate railroad tracks, roadways,signal,communication,fiber optics,or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. CONTRACTOR'S RIGHT OF ENTRY Page 1 of 4 Exhibit B AGREEMENT General Terms&Conditions Form Approved:AVP Law 03/01/2013 UN PACIFIC RAILROAD COMPANY C CTOR'S RIGHT OF ENTRY AGREEMENT 04At DING AMERIW — For proved:AVP Law 03/01/2013 B. The foregoing grant is also subject to all outstanding superior rights(including those in favor of licensees and lessees of Railroad's property,and others)and the right of Railroad to renew and extend the same,and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty(50)feet from the centerline of Railroad's nearest track,and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor,and Contractor agrees that Railroad shall have no liability to Contractor,or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section S. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours(7:00 a.m.to 9:00 p.m.Central Time, Monday through Friday, except holidays)at 1-800-336-9193(also a 24-hour,7-day number for emergency calls)to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation(if applicable)has been accomplished. B. In addition to other indemnity provisions in this Agreement,Contractor shall indemnify,defend and hold Railroad harmless from and against all costs, liability and expense whatsoever(including,without limitation,attorneys'fees,court costs and expenses)arising out of any act or omission of Contractor, its agents and/or employees,that causes or contributes to(1) any damage to or destruction of any telecommunications system on Railroad's property,and/or(2)any injuryto ordeath of any person employed by or on behalf of any telecommunications company,and/or its contractor,agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 6. PERMITS -COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement,Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety,operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in CONTRACTOR'S RIGHT OF ENTRY Page 2 of 4 Exhibit B AGREEMENT General Terms&Conditions Form Approved:AVP Law 0 310 1/20 1 3 U ACIFIC RAILROAD COMPANY C CTOR'S RIGHT OF ENTRY AGREEMENT BUILCING AMERICK Form—Approved:AVP Law 03/01/2013 Exhibit D,hereto attached,to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates,and its and their officers, agents and employees(individually an"Indemnified Party"or collectively"Indemnified Parties")from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation,attorney's,consultant's and expert's fees,and court costs),fine or penalty(collectively,"Loss")incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party)arising out of or in any manner connected with (i)any work performed by Contractor,or(ii)any act or omission of Contractor, its officers, agents or employees, or(iii)any breach of this Agreement by Contractor. B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party,except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction.The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against any Indemnified Party. E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb anyof the other property of Railroad in connection with the work to be performed by Contractor,then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. CONTRACTOR'S RIGHT OF ENTRY Page 3 of 4 Exhibit B AGREEMENT General Terms 8 Conditions Form Approved:AVP Law 03/0 112 0 1 3 PACIFIC RAILROAD COMPANY RACTOR'S RIGHT OF ENTRY AGREEMENT MLDING Abe CK Form Approved:AVP Law 03/01/2013 Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition,covenant or agreement herein contained to be kept,observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION -ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral,with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT -SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as"Additional Insured"in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CIS 20 26, and CA 20 48(or substitute forms providing equivalent coverage; (2)require each of its subcontractors to endorse their Commercial General Liability Policy with"Contractual Liability Railroads"ISO Form CG 2417 10 01 (or a substitute form providing equivalent coverage)for the job site;and (3)require each of its subcontractors to endorse their Business Automobile Policy with"Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage)for the job site. CONTRACTOR'S RIGHT OF ENTRY Page 4 of 4 Exhibit B AGREEMENT General Terms&Conditions Form Approved:AVP Law 03/01/2013 UNIQLPACIFIC RAILROAD COMPANY Ct CTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICK - For proved:AVP Law 0 3/0 112 0 1 3 EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT INSURANCE REQUIREMENTS Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's property and has cleaned and restored Railroad's property to Railroad's satisfaction,the following insurance coverage: A. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than$10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage)showing "Union Pacific Railroad Company Property" as the Designated Job Site. • Designated Construction Project(s)General Aggregate Limit ISO Form CG 25 03 03 97(or a substitute form providing equivalent coverage)showing the project on the form schedule. B. BUSINESS AUTOMOBILE COVERAGE INSURANCE. Business auto coverage written on ISO form CA 00 01 10 01 (ora substitute form providing equivalent liability coverage)with a combined single limit of not less$5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage)showing "Union Pacific Property'as the Designated Job Site. • Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law. C. WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE. Coverage must include but not be limited to: • Contractor's statutory liability under the workers'compensation laws of the state where the work is being performed. • Employers'Liability(Part B)with limits of at least$500,000 each accident,$500,000 disease policy limit$500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'Act,the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement,which must be stated on the certificate of insurance: • Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer(or a substitute form providing equivalent coverage). D. RAILROAD PROTECTIVE LIABILITY INSURANCE. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 3512 04(or a substitute form providing equivalent coverage)on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. UMBRELLA OR EXCESS INSURANCE. If Contractor utilizes umbrella or excess policies, these policies must"follow form"and afford no less coverage than the primary policy. F. POLLUTION LIABILITY INSURANCE. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04(or a substitute form providing equivalent liability coverage),with limits of at least CONTRACTOR'S RIGHT OF ENTRY Page 1 of 2 Exhibit C AGREEMENT Insurance Requirements Form Approved:AVP Law 0 3/0 112 0 1 3 PACIFIC RAILROAD COMPANY RACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMMKK - Fo Approved:AVP Law 03/01/2013 $5,000,000 per occurrence and an aggregate limit of$10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from thejob site,Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained bythe disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of$2,000,000. OTHER REQUIREMENTS G. All policy(ies)required above(except worker's compensation and employers liability)must include Railroad as"Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26,and CA 20 48 provide coverage for Railroad's negligence whether sole or partial,active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. H. Punitive damages exclusion,if any,must be deleted(and the deletion indicated on the certificate of insurance),unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery,and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A-and Class VII or better, and authorized to do business in the state where the work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. CONTRACTOR'S RIGHT OF ENTRY Page 2 of 2 Exhibit C AGREEMENT Insurance Requirements Form Approved:AVID Law 03/01/2013 UN PACIFIC RAILROAD COMPANY C CTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERIW For proved:AVP Law 0310112013 EXHIBIT Q TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term "employees"as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. CLOTHING A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor's employees must wear: i. Waist-length shirts with sleeves. ii. Trousers that cover the entire leg. If flare-legged trousers are worn,the trouser bottoms must be tied to prevent catching. iii. Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties,finger rings, or other loose jewelry while operating or working on machinery. 11. PERSONAL PROTECTIVE EQUIPMENT Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. i. Hard hat that meets the American National Standard(ANSI)Z89.1 —latest revision. Hard hats should be affixed with Contractor's company logo or name. ii. Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection,Z87.1 —latest revision. Additional eye protection must be provided to meet specificjob situations such as welding, grinding, etc. iii. Hearing protection,which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: • 100 feet of a locomotive or roadway/work equipment • 15 feet of power operated tools ■ 150 feet of jet blowers or pile drivers ■ 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection— plugs and muffs) iv. Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. ON TRACK SAFETY Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations—49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: i. Maintain a distance of twenty-five(25)feet to anytrack unless the Railroad Representative is present to authorize movements. CONTRACTOR'S RIGHT OF ENTRY Page 1 of 2 Exhibit D AGREEMENT Minimum Safety Requirements Form Approved:AVP Law 03/01/2013 PACIFIC RAILROAD COMPANY RACTOR'S RIGHT OF ENTRY AGREEMENT 6VIUMNG AMERIM For Approved:AVP Law 0 310 1/201 3 ii. Wear an orange, reflectorized workwear approved by the Railroad Representative. iii. Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority,which tracks may or may not be fouled,and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. EQUIPMENT A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: i. Familiar and comply with Railroad's rules on lockout/tagout of equipment. ii. Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track. iii. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit,fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25)feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. GENERAL SAFETY REQUIREMENTS A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions,work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: i. Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. ii. Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. iii. In passing around the ends of standing cars,engines,roadway machines orwork equipment,leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). iv. Avoid walking or standing on a track unless so authorized by the employee in charge. V. Before stepping over or crossing tracks, look in both directions first. vi. Do not sit on, lie under,or cross between cars except as required in the performance of your duties and onlywhen track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. CONTRACTOR'S RIGHT OF ENTRY Page 2 of 2 Exhibit D AGREEMENT Minimum Safety Requirements Form Approved:AVP Law 03/01/2013 ,r A 0°. City of Palm Springs JjL4 ° r Development Services:Department .r< o • Engineering Division °°° c°• 'LIFORN P.°• 3200 East Tahquitz Canyon Way• Palm Springs,California 92262 "°°°•°°°°°°• Tel:(760)323-8253 • Fax:(760)322-8360 •Web:www.palmspringsca.gov TRANSMITTAL ' DATE: November 19, 2020 TO: City Clerk : FROM: Vonda Teed, Engineering Administrative Secretary vU�, v 4 for Joel Montalvo, City Engineer SUBJECT: Executed Pipeline Crossing Agreement (Folder No. 03216-92) for Indian Canyon Drive Widening and Bridge Replacement, City Project No. 01-11 Message: Enclosed please find the executed agreement for the subject project for your records. If you have any questions, please contact Joel;Montalvo, City Engineer, (760) 322-8339. . Enclosure: Pipeline Crossing Agreement cc: Project File AUDIT nil O� Pipeline Crossing 080808 Folder No.03216-92 Last Modified:06/05/18 Form Approved,AVP-Law PIPELINE CROSSING AGREEMENT Mile Post: 588.36,Yuma Subdivision • Location: Garnet,Riverside County, California THIS AGREEMENT ("Agreement") is made and entered into as of August 5, 2020, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and CITY OF PALM SPRINGS, to be addressed.at 3200 E. Tahquitz Cyn Way, Palm Springs,California ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to be performed by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate one (1) 10 inch DIP sewer pipe encased in a 18 inch steel pipeline crossing only, including any appurtenances required for the operation of said pipeline (collectively, "Licensee's Facilities") across Licensor's real property, trackage, or other facilities located in Garnet, Riverside County, State of California("Railroad Property"). The specific specifications and limited purpose for Licensee's Facilities on, along, across and under Railroad Property are described in and shown on the Print and Specifications dated July 27, 2020, attached hereto as Exhibit A and made a part hereof. - B. Licensee represents and warrants that Licensee's Facilities will (i) only be used for one (1) 10 inch DIP sewer pipe encased in a 18 inch steel pipeline crossing, and(ii)not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible,or whether such use may come into existence during the life of this Agreement.- C. Licensee acknowledges that if it or its contractor provides Licensor with digital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner. Article 2. TERM. This Agreement,shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION;REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B. Article 3. LICENSEE'S COMPLIANCE WITH GENERAL TERMS. Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or its contractors will strictly comply with all terms and conditions set forth herein,including the General Terms arid Conditions,attached hereto as Exhibit B and made a part hereof. Article 4.' INSURANCE. - • A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s)to fully comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.)to Licensor at the address listed in the "NOTICES" Section of this Agreement. B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement,those statutes shall apply. Article 5. DEFINITION OF LICENSEE. _For purposes of.this Agreement, all references in this Agreement to Licensee will include - Licensee's contractors, subcontractors, officers, agents and employees, and others acting under.its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its - Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor to release, defend,and indemnify_Licensor to the same extent and under the same terms and conditions as Licensee is required to release,defend, and indemnify Licensor herein. Article 6. ATTORNEYS' FEES,EXPENSES,AND COSTS. If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys' fees and court costs, of the prevailing Party in such-action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is, rendered.The provisions of this Article shall survive the termination of this Agreement. Article 7. WAIVER OF BREACH. The waiver by Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself of any remedy for any subsequent breach thereof. Article 8. ASSIGNMENT. A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of Licensor,which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without Licensor's written consent, will be absolutely void and may result 1 S in Licensor's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B. B. Upon Licensors_written consent to any assignment, this Agreement will be binding upon and inure to the benefit of the parties thereto,successors,heirs, and assigns,executors,and administrators. Article 9. SEVERABILITY. Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement. Article 10. NOTICES. Except Licensee's commencement of work notice(s) required under Exhibit B,all other notices required by this Agreement must be in writing, and (i)personally served upon the business address listed below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery.notices will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three(3)days after deposit with the United States Postal Service. If to Licensor: . Union Pacific Railroad Company Attn:Analyst-Real Estate Utilities (Folder No. 03216-92) 1400 Douglas Street, MS 1690 Omaha,Nebraska 68179 If to Licensee: CITY OF PALM SPRINGS 3200 E.Tahquitz Cyn Way Palm Springs,California, Article 11. SPECIAL PROVISION—CONSTRUCTION OBSERVATION. Licensor requires Licensee to provide monitoring of tracks and construction observation through Licensor approved observer named:below during all construction and installation work. Licensee is to directly coordinate services with the named inspector: Railpros Field Services Email: RP.Utility&railpros.com Phone(682)223-5271 i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD C ANY CITY OF PALM SPRINGS By: By. Valerie Harrill W, Name Printed: v04 Mgr II Real Estate Contracts p .5 Title: C 1 IlAeLharie✓ A ST: Ity Clerk • APPROVED AS TO FORM CI ./-\._ . IT A ORNEY • A p1 APPROVED BY/ c CITY COUNCIL ��7 A 1 c�fQ Ilw om,(. , - • • NON-FLAMMABLE LIQUID D CROSSIN-G 0 ENCROACHMENT • PIPELINE El • B UPRR R.0.W.. 1911 .FT. I 3369 • FT. I rz LL r _FT. ►1 - 41FT. cm o- - - wJ Of Nac. I 128 DEG. F• cc z I ANGLE OF it CROSSING DESCRIBE I" DESCRIBE FIXED-OBJECT `�I FIXED OBJECT • CROSSING TRACK CROSSING TRACK • �j I E,Line of Sec.22(T3S,R4E) f ----NORTH--------------------_ _ (es:s7as+5s) • A� UPRR .O.R W.------------------------- -- PLAN • • - SCALE' NONE . cel . SIo` c OUTER g OUTER -dlo. acl TRACK• . TRACK =15 117 FT. - . . 185 FT. - I -. 295.0 FT • ' 80 FT. —1. 2.1.5.__FT. 1 no FT. �I VENT.PIPE I 3 1—j TOTAL TRACKS ' NA FT. I ROUND NA FT, I 1&fl/1E DITCH 9 FT., FT. e F T: 1L i CASING PIPE. ,SECTION CARRIER PIPE SCALE: NONE LONGITUDINAL PIPE ENCROACHMENT NOTES:Pipeline to be located 32 west of the E.Line of Sec.22(T3S,R4E)measured perpendicularly from the road C/L. - . 1)ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2)REFER TO AREMA VOLUME 1.CHAPTER 1.PART 5.SECTION 5.1 - . -AI METHOD OF INSTALLATION BORED AND JACKED UNION ED DIST-FROM .CENTERLINE OF TRACK TO PIPE ENCROACHMENT PACIFIC BUILDING AMERIcA® C) SIGNS PROVIDED? AT MINIMUM SIGNS WILL BE PROVIDED AS STATED ABOVE IIIIII ' D) CARRIER MATERIAL DUCTILE IRON PIPE IF RCP,:CLASS V? NA COMMODITY `TO BE CONVEYED SEWER EXHIBIT "A" OPERATIONAL PRESSURE.O PSI. MAOP o PSI. ' WALL THICKNESS (INCH)/ SCHEDULE 0.55 . DIAMETER 10 IN. SUBDIVISION:Yuma Sub. CATHODIC/COATING PROTECTION YEs TRACK TYPE:MAINLINE E) CASING MATERIAL STEEL PIPE IF RCP,CLASS V? NA M.P.:588.36 LAT.: 33.896183 TOTAL LENGTH CASING PIPE:295 FL E.S.M.:6709+15 LONG.: -116s45493 WALL THICKNESS 0.500 . IN. DIAMETER 18 IN. CATHODIC/COATING PROTECTION YEs NEAREST CITY: COUNTY: -STATE:. CASING PIPE IS OPEN -AT THE ENDS.. GARNET _ RIVERSIDE.________ CA F) DISTANCE FROM CENTERLINE OF TRACK TO NEAR FACE OF ,APPLICANT: CITY OF PALM SPRINGS 'BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES 106 AND 221 FILE NO.: 0321692 DATE: 7/27/2020 Pipeline Crossing 06/05/18 Form Approved,AVP Law EXHIBIT B GENERAL TERMS AND CONDITIONS Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant is subject and subordinate to the prior and continuing right and obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Licensor without liability to Licensee or to any other party for compensation or damages. B. The foregoing grant,is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad Property) and the right of Licensor to renew and extend the • same;and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any such existing rights. Section 2. ENGINEERING REQUIREMENTS; PERMITS. A. Licensee's Facilities will be designed, constructed, operated, maintained, repaired, renewed, modified, reconstructed, removed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor's current engineering standards and specifications, including those for shoring and cribbing to protect Licensor's railroad operations and facilities ("UP Specifications"), except for variances approved in advance in writing.by Licensor's Assistant Vice President Engineering = Design or its authorized representative ("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"); and (iii) all applicable laws, rules, and regulations, including any applicable Federal Railroad Administration and 'Federal Energy Regulatory Commission regulations and enactments (collectively, "Laws"). If there is any conflict between UP Specifications, UP Additional Requirements, and Laws,the most restrictive will apply. B. Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around Licensee's Facilities even with the surface of the adjacent ground. C. If needed, Licensee shall secure, at Licensee's sole cost and expense, any and all necessary permits required to perform any work on Licensee's Facilities. Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES. A. Licensee and its contractors are strictly prohibited from commencing any work associated with Licensee's Facilities without Licensor's written approval that the work will be in strict compliance • with the "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licensor's field representatives ("Licensor's Field Representatives")at least ten(10)days before commencement of any work on Licensee's Facilities. B. Licensee shall not commence any work until: (1) Licensor has determined whether flagging or other special protective or safety measures ("Safety Measures") are required for performance of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B. C. If, at any time, an emergency arises involving Licensee's Facilities, Licensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888)877-7267. Section 4. FLAGGING. A. Following Licensee's notice to Licensor's Field Representatives required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform Licensee if Safety Measures are required for performance of the work by Licensee or its contractor on Railroad Property. If Safety Measures are required, no work of any kind may be performed by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and scheduled. If no Safety Measures are required, Licensor will give Licensee written authorization to commence work. B. If any Safety Measures are performed or provided by Licensor, including but not limited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state, or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state, or local governmental entity. Additional information regarding the submission of such - expenses by Licensor and payment thereof by Licensee can be found in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. C. For flagging,the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage, and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one- half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by. agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee(or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. D. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagger: If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, even though flagging is no longer required for that period.An additional ten(10)days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. . Section 5. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be performed Licensee or its contractors.•Licensee shall be responsible for initiating, maintaining and supervising all safety operations and programs in connection with any work on Licensee's Facilities. Licensee and its contractor shall, at a minimum comply, with Licensor's then current safety standards located at the below web address ("Licensor's Safety Standards")to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of Licensee's.safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Licensor's Safety Standards to each of its employees before they enter Railroad - Property. Union Pacific Current Safety Requirements B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work. . C. Licensee,represents and warrants that all parts of Licensee's Facilities within and outside of the limits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof. D. Licensor's operations and work performed by Licensor's personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities.. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit E. Licensor shall have the right, if it so elects,to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance,repair, renewal,modification, relocation, reconstruction,or removal of Licensee's Facilities. In the event Licensor provides such support, Licensor shall invoice Licensee, and Licensee shall pay Licensor as set forth in the"LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B. F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives. Licensee represents and warrants that its use of UAS on Railroad Property will comply with Licensor's then-current Unmanned Aerial Systems Policy and all applicable laws, rules and regulations, including any applicable Federal Aviation Administration regulations and enactments pertaining to UAS. Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. Fiber optic cable systems may be buried on Railroad Property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee shall telephone Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad.Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed. Section 7. LICENSEE'S PAYMENT OF EXPENSES. A. Licensee shall bear the entire cost and expense of the design,construction, maintenance, modification,reconstruction,repair, renewal, revision,relocation, or removal of Licensee's Facilities. B. Licensee shall fully pay for all materials joined, affixed to and labor performed on Railroad Property in connection with the construction, maintenance, modification, reconstruction,repair, renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon.at the instance or request or on behalf of Licensee. Licensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities,to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not be increased because of the location, construction, or maintenance of Licensee's Facilities or any improvement, appliance, or fixture connected therewith placed upon such property, or on account of • Licensee's interest therein.Where such tax,charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor,then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee's property upon property of Licensor as compared with the entire value of such property. . C. As set forth in the"FLAGGING" Section of this Exhibit B, Licensor shall have the right, if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's.construction, maintenance, modification, reconstruction,repair,renewal, revision, relocation, or removal of Licensee's Facilities, including,but not limited to supervision, inspection, and flagging services. In the event Licensor provides such Safety Measures, Licensor" shall submit an itemized invoice to Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty(30)days of Licensee's receipt of such invoice. Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES. A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall,at its sole cost and expense, modify, reconstruct, repair, renew, revise,relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify,in its sole discretion,in the furtherance of Railroad's Use... B. Upon any Modification of all or any portion of Licensee's Facilities to another location on Railroad Property, Licensor and Licensee shall execute.a Supplemental Agreement to this Pipeline Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE'S. FACILITIES" Section of this Exhibit B. Any such Modification(s)off of.Railroad Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities. Section 9. RESTORATION OF RAILROAD PROPERTY. In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall, as soon as possible and at Licensee's sole cost and expense, restore Licensor's property to the same condition as the same were before such property was moved or disturbed. Section 10. INDEMNITY. A. Definitions. As used in this Section: 1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near • the location of Licensee's installation and their officers, directors, agents, and employees. 2. "Licensee" includes Licensee and its agents, contractors, subcontractors,. sub-subcontractors, employees, officers, and directors, or any other person or entity acting on its behalf or under its control. 3. "Loss".includes claims, suits, taxes, loss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands,actions, causes of action, fines,penalties, interest, and expenses of any nature, including court costs, reasonable attorneys' fees and expenses,investigation costs,and appeal expenses. B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss,even if groundless, fraudulent,or false,that directly or indirectly arises out of or is related to Licensee's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, removal, presence, use, or operation of Licensee's Facilities, including, but not limited to, any actual or alleged: 1. Bodily harm or personal injury(including any emotional injury or disease)to, or the death of, any person(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub-subcontractors, or employees of the foregoing; 2. Damage to or the disturbance, loss, movement, or destruction of Railroad Property, including loss of use and diminution in value, including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of Licensee or Licensor; 3. Removal of person(s)from Railroad Property; 4. Any delays or interference with track or Railroad's Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities or any part thereof, any activities, labor, materials,equipment, or machinery in conjunction therewith; 5. Right(s)or interest(s)granted pursuant to this Agreement; 6. Contents escaping from Licensee's Facilities, including without limitation any actual or alleged pollution,contamination, breach, or environmental Loss; 7. Licensee's breach of this Agreement or failure to comply with its provisions, including, but not limited to, any violation or breach by Licensee of any representations and warranties Licensee has made in this Agreement; and 8. Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal Railroad Administration regulations. C. THE FOREGOING OBLIGATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING FROM, RELATING TO,OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENCE OF LICENSOR, AND SUCH NEGLIGENCE OF LICENSOR SHALL NOT LIMIT, DIMINISH, OR PRECLUDE LICENSEE'S OBLIGATIONS TO LICENSOR IN ANY RESPECT. NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO INDEMNIFY LICENSOR SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND DIRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL . . JUDGMENT BY A COURT OF COMPETENT JURISDICTION. Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES. A. If Licensee does not use the right herein granted on Licensee's Facilities for one(1)year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discretion, terminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and"D" of this Section found below. , B. In addition to the provisions of Paragraph "A" above, this Agreement may be terminated by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and"D" of this Section found below. C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online Utility Contracts System at this link for Licensee's removal, or if applicable, abandonment in place of Licensee's Facilities located on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandonment Work from those portions of Railroad Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then restore the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's installation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of the Removal/Abandonment Work, and(ii)restoration work will hereinafter be collectively referred to as the"Restoration Work". D. Following Licensee's completion of the Restoration Work, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental,authorities, as required by law, and notify Licensor immediately if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original,uncontaminated condition. Licensee shall provide written certification to Licensor at the address listed in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate. E. In the event that Licensee fails to complete any of the Restoration Work, Licensor may, but is not obligated,to perform the Restoration Work.Any such work actually performed by Licensor will be at the cost and expense of Licensee. In the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B)arising out of or related to Licensor's performance of the Restoration Work. F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabilities or Loss (defined in the "INDEMNITY" Section of this Exhibit B),accrued or otherwise,which may have arisen prior to such termination. • EXHIBIT C INSURANCE REQUIREMENTS • In accordance with Article 5 of this Agreement, Licensee shall(1)procure,and maintain at its sole cost and expense, or(2) require its Contractor(s)to procure and maintain, at their sole cost and expense, the following insurance coverage: A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL.insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: • Contractual Liability Railroads IS.O form CG 24 17 10 01 (or a substitute form providing equivalent coverage)showing"Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage)with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned,hired, and non-owned autos). The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: • "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. C. Workers' Compensation and Employers' Liability Insurance. Coverage must include but not be limited to: • Licensee's statutory liability under the workers' compensation laws of the state(s)affected by this Agreement. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit$500,000 each employee. If Licensee is self-insured,evidence of state approval and excess workers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'Act,the Jones Act,and the Outer Continental Shelf Land Act, if applicable. D. Environmental Liability Insurance. Environmental Legal Liability Insurance (ELL) applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, cleanup costs, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims, or compliance with statute, all in connection with any loss arising from the insured's performance under this Agreement. Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance must apply as if each named insured were the only named insured; and separately to the. additional insured against which claim is made or suit is brought. Coverage shall be maintained in an amount of at least$2,000,000 per loss,with an annual aggregate of at least$4,000,000. Licensee warrants that any retroactive date applicable to ELL insurance coverage under the policy is the same as or precedes the Effective Date of this Agreement, and that continuous coverage will be maintained for a period of five (5) years beginning from the time the work under this Agreement is completed or if coverage is cancelled for any reason the policies extended discovery period, if any, will be exercised for the maximum time allowed. E. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subsequent maintenance, repair, renewal, modification, reconstruction,or removal work on Licensee's Facilities. F. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must"follow form" and afford no less coverage than the primary policy. Other Requirements G. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Licensor as additional insured shall-not be limited by Licensee's liability under the indemnity provisions of this Agreement. BOTH LICENSOR AND LICENSEE EXPECT THAT LICENSOR WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed. I. • Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' liability or commercial umbrella or excess liability obtained by Licensee required in this Agreement, where permitted by law. This waiver must be stated on the certificate of insurance. J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A-and Class VII or better, and authorized to do business in the state(s)in which the work is to be performed. K. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this • • Agreement Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage. • • • • • • • • •