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Home My WebLink AboutA5747 - UNION PACIFIC RAILROAD GRADE SEPARATION CROSSING BUILDING AMERICP° COSY 6FJPALU!SPRINGS BOX 2743 UPRR Folder No.: 2442-59 PALM SPRINGS,CA 22263 UPRR Audit No. SO49338 SUPPLEMENTAL AGREEMENT (EXISTING GRADE SEPARATION CROSSING IMPROVEMENT) THIS SUPPLEMENTAL AGREEMENT is made as of the 1`)I4` day of 200 V , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, or its predecessor in interest, ("Railroad") and the CITY OF PALMS SPRINGS,a(n)municipal corporation ofthe State of California with a mailing address at 3200 East TahquiU Canyon Way, Palm Springs, CA 92262 ("City"). RECITALS: By instrument dated February 6, 1967,the panties hereto or their predecessors in interest(if any),entered into a Public Road CrossingAp-eement(herein the"Origirtal Agreement")identified as Railroad's Folder No.2442-39,Audit No. SO4933 8,covering the construction,maintenance and use of the new Gene Autry Trail (Palm Drive) Overpass grade separation crossing, (DOT No_ 760- 701K), located at Railroad Mile Post 591.00 on its Yuma Subdivision near Salvia(Palm Springs), Riverside County, California(the "Roadway"). The City has requested from the Railroad approval to improve the Roadway as located on the Railroad Location Print marked Exhibit A and as specified on the Detailed Prints collectively marked Exhibit A-1,each attached hereto and made a part hereof. The Railroad is agreeable to the improvement of the Roadway, but solely upon teens and conditions hereinafter set forth. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: SECTION 1. The exhibits below are attached hereto and hereby made a part hereof Exhibit A Railroad Location Print Exhibit A-I Detailed Prints Exhibit B Railroad's Engineering & Flagging Estimate Exhibit C Railroad Relations Exhibit D Railroad Form of Contractor's Right of Entry Agreement SECTION 2. The Railroad shall furnish all labor, material, equipment and supervision for: • lnspection; Supplemental Grade Separation Xing Page 1 of 5 July 25, 2008 Form Approved,AVP-Law BUILDING AMERICA • Engineering, and • Flagging, all at the intersection of the Railroad's Yuma Subdivision with Gene Autry Trail (Palm Drive) Overpass at the location heretofore described, as shown generally on Railroad's Location Print and Detailed Prints respectively marked Exhibit A and Exhibit A.-1, each hereto attached and hereby made a part hereof. SECTION 3. A. The work to be performed by the Railroad,at the City's sole cost and expense,is described in the Railroad's Engineering & Flagging Estimate dated March 18, 2008, in the amount of $160,000.00,marked Exhibit B,attached hereto and hereby made a part hereof(the"Estimate"). B. The Railroad,i fit so elects,may recalculate and update the Estimate submitted to the City in the event the City does not commence construction on the portion of the Project located on the Railroad's property within six (6) months from the date of the Estimate. C. The City agrees to reimburse 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,actual costs of preliminary engineering review,construction inspection,procurement of materials,equipment rental, manpower and deliveries to the job site and all of the Railroad's normal and customary additives (which shall include direct and indirect overhead costs) associated therewith. SECTION 4. Railroad shall submit all bills to City for payment of work performed by Railroad on the basis of items set forth herein and shall submit its final bill on the same basis to cover the actual cost of items of work performed by Railroad or by contract. City agrees to pay Railroad the cost of such work within thirty (30) days of receipt of such bills from Railroad. All work to be done hereunder by Railroad shall be done by Railroad's employees working under Railroad Labor Agreements on a force account basis or by contract,and shall be subject to all applicable provisions of Title 23,Code of Federal Regulations,as amended,hereinafter refen-ed to as 23 CPR. All applicable portions of 23 CPR 1401 and 646 are by reference incorporated herein and made a part hereof. SECTION 5. The parties hereto agree that the construction of said Structure is deemed to be of no benefit to the Railroad pursuant to 23 CFR 646-210 (b) (2). Tberefore, the Railroad will not be required to contribute to the cost of the Project. SECTION 6. All work contemplated in this Agreement shall be perfonned in a good and workmanlike manner to the satisfaction of the parties hereto and each portion shall be promptly commenced by the party obligated to do the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Supplemental Grade Separation Xing Page 2 of 5 July 25,2008 Fonn Approved,AVP-Law BUILDING AMERICA Notwithstanding any other provisions of this Agreement, City shall make no claim against Railroad for delays to the City's Contractor's operations due to delays or interference caused by Railroad in the performance of its railroad train operations at the job site. The books, papers, records, and accounts of the parties, so far as they relate to the items of expense for labor and materials, or are in any way connected with the work herein contemplated, shall at all reasonable times be open to inspection and audit by the agents and authorized representatives of the parties hereto and of the Federal Highway Administration for a period of three years. SECTION 7. In the event any of the work upon property of Railroad, as herein contemplated, should be advertised for bids by City,the awarded contract shall include the provisions set forth in the Railroad Relations marked Exhibit C,attached hereto and made a part hereof.No work shall begin by any of the City's contractors until: (i) the Railroad and the City have executed this Agreement, (ii) the Railroad and each contractor hired by the City have executed the Contractor's Right o f Entry Agreement marked Exhibit D, attached hereto and hereby made a part hereof, (iii) the Railroad has received the insurance policies, binders, certificates and/or endorsements set forth in Exhibit C of the Contractor's Right of Entry Agreement. The insurance coverage set forth in Exhibit C of the Contractors Right of Entry Agreement shall remain in full force and effect by City's Contractor during the performance of said work upon and adjacent to Railroad's property and thereafter until Contractor removes all tools,equipment and materials from Railroad's property and cleans up the premises to a presentable condition satisfactory to Railroad. City and its Contractor shall give the advance notice described in Section 1 of Exhibit B of the Contractor's Right of Entry Agreement to Railroad's authorized representative before commencing any work in connection with said Structure upon or adjacent to Railroad's property,and shall observe Railroad's rules and regulations with respect thereto.All work upon said Structure shall be done at such times and in such manner so as not to interfere with or endanger the operations of Railroad. SECTION S. Upon completion of the reconstruction of said Structure, City,at its expense,shall maintain said Structure, highway approaches, pavement, highway drainage, lighting and all other highway facilities. Railroad, at its expense, shall maintain railroad track, railroad drainage, and all other railroad facilities. Notwithstanding the provisions of this Section, the parties specifically agree that graffiti removal or over-paintuig from all component surfaces of the overall project,and including without limitation the grade separation substructure and superstructure (above and below the bridge seats), shall be the responsibility of the City in their sole and exclusive discretion, and the Railroad shall have no obligations whatsoever with regard to graffiti removal. Before entering upon the track area Supplemental Grade Separation Xing Page 3 of 5 July 25, 2008 Form Approved AVP-Law RUILDINC AMERICA of the grade separation superstructure to perform graffiti removal or over-pai-rating, the City shall notify the Railroad sufficiently in advance and the Railroad shall provide a flagman at the City sole expense as reasonably required for the safety of workers and trains. SECTION 9. The City shall pay to the Railroad an administrative handling fee in the amoLuit of ONE THOUSAND DOLLARS ($1,000.00) for clerical, administrative and handling expense in connection with processing this Agreement. SECTION 10. A. The City,at its expense,shall prepare,or cause to be prepared by others,the detailed plans and specifications and submit such plans and specifications to the Railroad's Assistant Vice President Engineering—Design,or his authorized representative,for 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 Structure,the City,at its expense,shall fuunish to the Railroad two(2) sets of reproducible "as constricted"Plans of the Structure- E. Notwithstanding the Railroad's approval of the Plans,the Railroad shall not be responsible for the design, details, permitting or constriction of the Structure. SECTION 11. This as eernent is supplemental to the Original Agreement,as herein amended,and nothing herein contained shall be const>ued as amending or modifying the same except as herein specifically provided. Supplemental Grade Separation Xing Page 4 of 5 July 25,2008 Form Approved AVP-Law BUILDING AMERICK IN WITNESS VaWRFOI+,the parties hereto have caused this Supplemental.Agreement to be executed as of the day and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY (Federal T x ID 494-6001323) By Director Contracts James P. Gade ATTEST: CITY OF.PALM SPRINGS 57 J MES THOMPSON, CITY CLERK P y AS - ApPaov�o gv Cmr CoutucIi o )Gov �5?g7 cir.:��. — � ta RFTURVN1 ors ',L CITY OF PALM]Spp,9NGS SC)k 2743 PALM SP I�GSo lea$ 522v Supplemental Grade Separation Xing Page 5 of 5 July 25,2DO8 Form Approved,AVP-Law EXHIBIT A To Supplemental Agreement (Existing Grade Separation Crossing Improvement) Cover Sheet for the Railroad Location Print N I RAILROAD LOCATION PRINT w'14z),�E ACCOMPANYING A 5 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT ti. 14) 5� �a Mp 5SI.00-Yuma Subdivision 't Gene Autry Trail{Palm brlVe}_DDT i=760-707K ' Existing overpass Grade Separation Crossing Reconstruction&Widening Project f�v Sibma Y. Y� �..Y Yuma subdivision' r4f hlvar � `r. Data use suplcet to Ilcanse. �4+i) h m 2004 DcLormo Street Atlas USA@ 2005 0 1000 woo www delorme con MN(12 5•E) Data Zoom 13-0 RAILROAD WORK TO BE PERFORMED: EXHIBIT "A" 1. Engineering Review,Flagging&Inspeciion. UNION PACIFIC RAILROAD COMPANY YUMA SUBDIVISION MILL' POST 591,00 GPS N 33°52.4824',W I16°303502- near SALVIA(PALM SPRINGS).RIVERSIDE CO.,CA. TO accompany Con(Tactor's Right of Enuy Agreement with (Nance of Contractor) for an cxisring overpass grade Scparaiion crossing rcconstructlon and widening project, Folder No.244259 Date:April 23,2008 WARNING INALLOCCAMONS UP COMMUNICAI IONS DGPARIMENT MUST BE CONTACTED IN A➢VANCR Or ANY WORK TO DF,TE9,VIINE EXIST hNCE AND LOCATION OFF=OPTIC CABLE PHONE. 1-(300)336-9193 Exhibit A Railroad Location Print To Supplemental Agreement EXHIBIT A- 1 To Supplemental Agreement (ExistiDg Grade Separation Crossing Improvement) Cover Sheet for the Detailed Prints STREET PIAN GENERAL NOTES: - PALM SHEETINDEX WOflk 3PALL 4:pouF IN ACCORDANCE WITH THESE PLANS THE CONTRACT t Op[uMEN15 x •YAA.AV.onAwlxcu OF THE CITY OF FILM SbR MCS' +4 ' CAITRAns:TAN An0 PLANS AND THE.FlrypAno:PC[IrICA➢OMS Top rUBLIC N ROADWAY PVWS WORKS DIAS1RYCTION,MAY 2006 EBITI(J u r 2. TNF LOCATION OF ENISTIxc uxOMLSUrB UTILITIES ARE SHOWN IN 'ex ELT t TITW SIICCT.4 GCNCpAL NOTES t 6 V 'SHEET 2 CONSTRUCTION NOTES YnTIIC CALIFORNIA or'a RNME Ioryu of 0,IWN gls n'.fl roxn SHEET] CONSTRuCTION CENTERLINE LAYOUT OF iF.CI IIOVERNME EX CODE.TIE[GNTfIA[T0 SnAµ EI'TCC*I _ SHEET A-5 TYPICAL SECTIONS G.NYACi[M.LflFl..HO S[nvigxµ[nT IUUAI)l AT 1 000-22T�R500,TWO*IL SHEET 6-9 CONSTRUCTION PLAN OATS PRIOR so ART ExuvAYtGx. SHEET 10-n CRANNG AMC DRAINAGE PLAN 3. APPROVAL OF PLANS BY THE CITY ENGINEER DOES NOT RELIEVE THE[oNTRACTED SHEET 12-13 CONSTRUCTION DETAILS roomxs1p141TT rOrt CORRECTIONS OF ER40F5 !D GNtlS,.N,OL:%ft S FET 1e v'cxlxc AM.STH viN.HOT5I spec 1RUff A OF W�.GIIX,.[i Dl N REVISIOLNS SHALL BE PROMPTLY GENE AUTRY TRAIL WIDENING-CITY PROJECT NO.01-04 :ntn I3-14 r G.ri�c AnxTZTm xiMR rLnAD n. YnG LONTI..C0 5 SIF nc;nox:IBLe FtO. ..Y mxD Mr FFEGTNE MEANS PALM SPRINGS, CALIFORNIA L. ?Intcci 1.•IO TRAFFIC O.NTTol Plnxs CP OUui CONTROL tMICn Snnu INnuO[PnoviSloxS ron Ap,4u.AY,XA,E LNG :IIFrT z+•a •, ,fcY lOx: VUTTAR I or WORKrA CPRCTRRAE �AACTO RILLAL 0EOBTAIN PERMITS AS RE.N[C GT 7nD9RIbCE PLANS 5. THE CONTRACTOR SHALL OBTAIN PERMIT AS REQUIRED BY THE,CITY GP PALM RAGING BWiD No EDGECln.PILurt uOCNAI,Gk. BONE IN At BE AlIN uLIFu9x IA LICX.T RE CT]E ..NE[Ln11. DICAcAPP SIICCT]T POUNDAnox PLAN SWEET]B ADUTIER7 1 LA1.7 - NET 3a ADufHCMT a LAYOUT A9 R[�V 1TL SHEET AO ADYTNENT DETAILS NO 1 AC -ASPHALT CONCRETE ¢ G1LLOx nG SHEET Al DENT 2 LAYOUT No- _ SHEET AS BENT 2 DETAILS NO.I AP AxcLC Polxi 00 -ORIGINAL GROUND lE 3 SHEET 43 BENT 2 DETAILS NO.2 nR -DE.IMAI .OF DRIOLC Pef .fmRTLAxG[D.C., [Cxcn4TF SIICCT IS DENT 2 D[T ITS NO.I AA SENT 2 LAYOUT . 000IxNNII 0r C.Do PC -PROFILE CHACE LINE z � SNOETE T RG 'ENTCORP 0 06TALLS ROO B11,1 CR -BEOINNINO OF CURB RETURN RI P :MY OF INIERSECTION q1 yJ & FOR SITE SHEET AT DENT FOOT pCcIN A,I.O. -POINT OF ]nTER:CCIINc cKAO;4 SHEET AE TYPICAL SECTION UVe Moiipx of Yoo11xG qT ne Y ee eIROCP uvoUP DOT BOTTOM I.G. -;DINT OF REVERSE WAVE ;MEET:G RIDGE.41iTUL5 H0.1 IONA`n TI rnm• n.rGSCG CL.I S uNICID E nIxSPOniIY ION r SHEET OI GIDOE. flAL DETAILS N0.2 {SPAN•2'IS v ]] PAD -POINT OF VERTICAL CURVE SHEET 52 STRLCTURAL APPROACH TYPE N(\D] CL�C -[ENTCRLInE VI STe CHINO ISR-t 11 [MB CRUSHED MISCELLANEOUS BASE PVI POINT OF YERi1CAL INTERSECTION S,¢cY 53 STRu[T1IDAL nPPROA[n imC n(so) CNU -CO.M17C dmm�RT 111T PVT PClxi of vCRTI[nL YnxgryY pp�ERRANDS D PRO" x. STNYCTWNL AvvROACN DRAINAGE DE74ILS It -nnnry5 SHEET LS CHyN LINK.4I1IN4 TYPE i MODIFIED COME -WNCRETE RAH. IEA, 'SHEET 56 DECK DRAINAGE DETAILS CONST -CONSTAL[TI.M RCP -REINFORCED CONCRETE PIPE 'MEET OT DECK DRAIN-TYPE C Cv'u -CITY OF PALM SPRINGS no no^o SHEET 5B LM DF TEST BORING NO.1 cvnLn flEi. ACTAIxINL SRC21 59 LGO G[ fWY eon rvL xo.S(LCCCA.1 Ole, -OIANETN Rl.IT :x[2.o LGc OF iCST DonlxE pS•R.1171 DEC. ORANIxE AM flICRT OF WAT v CATVEOML CITY -DRIVEWAY [C SCUMC.A CnL II OnNIn EDISON �,r EB -END OF BRIBLC un -SIGHT 0157ANCE V S. EC -ZINC Gr PUR. =LD -SHOULZE14 VICINITY MAP E SCA -END OF CURB RETURN SIT - BACOT n.AGUE CL I'CvnipM SPFWC -STANDARD PLANS PON PuBLI[ WORKS CONSTRUCTION IT IS THE gE'aPONSIDILITI OF THE CONTRACTOR TO CONTACT MYSEINI I EP -EDGE OF PAVEMENT SL, );( -STREET LIEHT uNo OROUrvOH SERVI[EACTLY ERTLSHOULD a2 CON CATE ME RACYLG At LUTILITIES, ES [ocC Gr :xouL.SR © S[NCR MAxxOLC PRIOR i0 THE COMAVEENCEUENT OF ANY EACAVATIOn.THE TELEPACKE NLHOEAE ETA - EOOE OF TRAVEL WnY 55 -91NIi\AY SEWER Or TRIP MAE FOuMAE:GG SERVICE ALERT AND PERTINENT UTILITY COMPANIES ARE Ek,EKIST [KISTTnR Fc -FINISHED OBOE DID oI•nlxc'u l61tT 1I1TIUC6 Fn,a rNC tivonAxY '+TA -STATION Fl -iLOWLINE STD. SYANGA.o UNOLn6RIUN0 SCnVILL ALWT (E00)22-2600 TAT -FOELAII a. -SYSTEM D[GuI.EO SVLCIAL Ix5v6C7QNO DevnLn 6R -Gn.AGE B1tElx CITY OF ET M INtENAN NOR12 nORIBE TAU TF -TOP OF FOOTING LSOIL LOMPLI AHCEPRIOA 10 STREET MAINTENANCE MANnCER p601 12YB2il INV - INVERT ELEVATIon .' ioP Gr VAvXMCNi FOUNDRY ION INSPECTION TOP OF CURB iITTOYS lNEER ul[C SYvCliv Fop b001]3]-01.A rc -DISTANCE IN FEET REQUIRED [Itt EnE1NEER (TROT 9G]•An3 7.AER, W, A 11 CHANGE Ix i0 -TOP Dr GRATE 2•.7Lv TlfR IVS-N[PCTF FDA., TO TOO Gr wI A'IST (R1 el ID]-TURA LF -LINEAL FEET VAR -VARIES •LENGTHvEflPl[nL[MVO DESERT RFoI 11n-O(0S DESERT WATER AGENCY I7601 323-4971 LOU -LAYOUT LLRE VERT -VERTICAL 5ou1'IICIm uufGYRIA LIHOON COMPANY (YRGI GOG.AA,X L1 LEFT YY wIHTN SOUTHERN CALIFORNIA OAS COMPANY 19091 33E7715 0 MAX -MAXIMUM WL -WATER LINE 95% SUB MITTA L •GRANT (SOOT R1S-.G22 NMR -M.............HAIL A. .WATelt ACTED NOVEMBE R, 2007 TIDE WARNER CAnLr, nrm a.o-11Y2 C y ux -MANHOLE wv ® -WATeD vµvp WHITE WATER MUTWL IT601]25hOB0 P- IN MlND'U. WWF -WELDED WIRE FABRIC rclrvO2fl xGPEAN ENERGY PnMNCRSA5FPP l7"1 Se.•„00 73 N,.A YEA ONE COMP.My i,'uUA' �n'� '" " v-SI wn •nwi•n CITY OF PALM SPRINGS CALIFORNIA wrw ._M" .�. ONEC„A,nm, l Y r.[.Tsrxp e-... AnnIiENE AUTRY TRAIL WIBENIno T-1 ^�_ 01F 'vAF3"'�xF1'cM•FwA mo - ^� ,. TITLE SHEET 1O m a 3 � ^ L� � a CONSTRNCTIOry NOTfS: SIGNING ANG STRIPING NOTES, i^ Q CONSTRUCT 5•nC OVER IC-AO PER Cfs GAS..1.no O INSTALL [[xirnyNF n.<.C.T uIR.[RS PER CALTRANS STD.PLAN AIDA DETAIL PA. O CQMUTRU;T I AC OVER l"AD PER CPS CAR.N0.110 SR INSTALL PAVEMENT WARMING As ilmryN CM CALTTAXS STD.OWO NO,A24C O COLD PLANE EXISTING PAVEMENT (VARIADLG THICKNESS 2'MAYI 55 INSTALL MEDIAN PAVEMENT MARKER:PER GL111ANA ITS,PLAN AZOD DETAIL 10 01 VARIABLE THICKNESS At OVERLAY @'ulximUul O INSTALL CHANNELIZINa LINE PAVEMENT MANnEII:PCR CALYRANG'ITC.PLAN AZOD DETAIL 10C. C5 LVN:TnyCl FIRE A AS DINE PER CALTRANS SID PLAN T. 99 IN:YALL LANy PROP CANIVENT NIPKERS PER CALTRANS STD.PLAN ACO[017AIL O-C. Q,cS CVSTPVOT SILT FENCE PER OPTAIL SHLCY AS, O HHOYAµ GOLD-NIW LIRE PAVEMENT MARKERS AS SHOWN 10 DETAIL 'x SWEET ON, O INITIAL MOCO TYPE 120 LA1CT PER CALTRANS SID PLAN AYn SEE SHEET 12. 91 INSTALL IDAFFI[SIGN A5 NOTCn. O NI5T4L MEER TYPE 148B LAYOUT PER CALinnxS STo PI AN An FA.SEE SHEET 12, ©D APPLY PAVEMENT MARKI.. A:INS..PCR CALTI..0 1%,1.1 NO,1111 111111 1111, O CONSTRUCT 0 WELDED STEEL PIPE PER PROFILE 5O9 INSTALL CLUE HYDRANT MARKERS. 10 mxSTnun AC oV[RGm1 DBnIN PER CALTRANS STO PLAN 0070 O TA:TA41 WHITE DASH LANE LINE PAVEMENT HARIEPS PER uLTRANS SO.PUN ACOA..I.L u. O .OVO'Y A..R.LQ.1;CKISTMG SWING DATE PER DETAIL D..C-1 Q PAINT A-In[n wlITL SOLID%TRIPE PCP E LTRANG SID,PLAN 4209 DETAIL 270. Q CONSTRICT TYRE'OG'GRIMACE INLET PER CALTPANS SID PLAN D140 44 INSTALL PAVEMENT MARRING n5 5...N PER uLTRANS ST. IGG,NO,11n0. O CONSTRUCT 41'REP(I 2M. I RCR PnOCILe Sl REMOVE PAVEMENT MAAnInG. IA CONSTRUCT ROCK SLOPE PROTECTION(PROUD M971I 01 EA INSTALL RIVEMENT INKY PER MOTE 6 GLTRA.S SID,PLAN ACu, 15 CONSTRUCT FLARED AMC SPCNIP.t R6n III MINI GTP PLAN 1111 IG EONSIDhCR IC A[ tOT AEM.:T STORM DRAIN MANHOLE TO OPADI. TEMPORARY STRIPING NOTE51 O PAINT blx[M WHOLE YSLLOW STRIPE PER CALTRANS STC.PLAN ASIA DETAIL 22. 04 PAINT B-INCH WHITE SOLID STRIPE PEA CALTRANS SM.PLAN ARDS DETAIL 10A. 0] PAINT'-INCH SOLID 1Vn ITE LINE. p PAINT PAVEMENT umrcmG AS SHOWN PER-M-TRANS STD.DWO MO.AEAA AAD,OR A242. FMOVA N. nT[s Q1 REMOVE EXISTING AC PAVEMENT a Q REVIVE EXISTING DRAINAGE INLET t O REUOVL At O1.1 M REMOVE EnISTING POP 0 1 LMO.G G.1.7111G POR 761 REMOVE STREET LICHT I F_.rrry .Y M14STRUCTION NOTES C � n[MOvnL RoiL'u i^^ O Y (n C � a ti 6 m 3 Alm, im CR , uy T"nsi y rr��r• gem CITY OP PALM SPRINGS CALIFORNIA " u1Ln © Ay�NI:�:{`:k^.".:aifyin^'— GENE AUTRY TRAIL WICENINQ CN`1 @Ep =4+�a-^w:,x= `1 FPN 1•\4`•¢:T"�/l CCNSTPYCTION NOTES m n N � M O z .C-. or 1 LINE SA N 2,262,95f.60T] E 6,4$4,020.0217 (METRIC) LINE 'P' LINE •f+• ISTA.9"A 0.655) Be R•lppp' PCC n-25N1•G7' (N 6tl•�,le 9,O�p91 N 2,"npi,"n5u,W19 N 2,242,101.2850 IE 9T4,S0g,0991 [ LOx!}puCY ION C 6,404,O45.A042 f 6,4e,.066.seae E CONSigLICTI ON vPC Rv2,999,9} (METRIC) (METRIC( SiA fONAY 31 (q" 014 400.1 Iqn ft00.O00 1 LINE "SA" LINE P Pk[ f1n10,000' ISi A,15TOG.OpG1 IOTA III 99.125I INPERIECTICN MATCH POINT E CONSTgIILT ION STn, 1W41 61 N 2,261,900 EC3B Iry CY9,331.G 2i2 IN G09,501.29001 PL ga10,000' N 2�261,]OT.Ap42 E 6:464,046 1994 IC 1 9T4 D l 11441 E 19i6 3A T.44951 [ LON6TnOLT10N ' WNSTnIlCT10N 2C LONSTROCT ION 5TA 91M 0.91 E 6.404.033.9151 INC R=1�900' PCC 4•$,019.G1' N 2,2G0•B60.0022 _ n TNY TO STA• 11661'9Z,f'4G N1,03 T2,262,A9A. Ill 9.0iAEl BEO IN gROJ[Li EX15T1 N0 STRUCTURE,.TA. C1+00.00 E 6,4 E4.019.W40 E G,90Y,1A201 E2 / E 6,q eA,2p2,8335 x$,240,2G3.0592 E 6,A01,O1T.4314 / nal O,po4' ————— a2999.93 Tu259^90Y �� paL er 0435" ��. 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CIIY OF YLLA BgnINO4 CALIfORNA nuns enen '•W•°•/°r/r•'/ itaCM1 n JecK cc Yc[xo ❑ — �^lT''".�I's=.atR.^"` 1 �yB,K9 asN6 AIION TRAIL WIDENING CN-2 N N v:�°raFr ...P�..' u:(.u" °` r° atr CO N$TIiDCTION CENTlRLIN[ LAYOUT ym m � • x m � � � a / / / OOrAi Itli SPnllle5 STANDARD PLANS DATED MAY 2006 1101 IARQNYUS AND ABBREVIATIONS IA-L1 V [. 01noFIITC3N• lu-C1 ABo LNIT ` AEkL IXIE SURI iAME(oli EA[nvAnox nno vA[nrlu q Y'F-• 'i 4u K x/M1�. _% / ENOETor hJ`$i LINT.;OF PANE;110 xALI XC A4AC LlNlii OF PAYYENi FOR EXCAVATION AND BACYJILL N % pp•I IR111 E DETAILS rF�_ vX-71 IDINT ORALS N GOP nxlwu 49YDTNT PATIO.21 -- 4 - - -`\\��—��`-�•e��r'`�'�`p-A 9wo~r�7-��_�-_''_'��f`„«'-_-_la`-"_m_m�_o____E_`"�'✓�_`��' Ivox cAUFiiAn o Loi [ ef-oBes I "i UTI TT OPENING exemoe R ["nrnLlen RAILINGTYPE i TL II a n -I'll-TIME n IS `501 i lxt eec �._ B. Cr'PQAD poOT INe DATA inDL[ 7�1v" __ � luc punl G cnlxc •j,� LOCATION CIPACIIY Oelil rt5F IIL"ISiurtE 0„ n5f yy 1, MYiuChr 1 1 0 lo• �x -�' .,At i ,,A 15 0 /��p o5c[ N n x x I.xo Q, Ixvlury:6V6x PCOT[vxipuga u[xT a NIA R CONTOURS INTERVAL IS AS FT AOYru[AT 1 0.0A. P. x . i qu[nv:Ip I.T[AVAI,.LONG oAn s .ut •o mxxox lIN[i PLAN gp ulrtxeNrs I AA.A QUIT } v',o;xi R nxPwvecnry '-0" IAoui I SxOwN,ABUT 1 EluaAnl 6Y un TIT A Rom 1 Aeur R .xlx �•. r L e + 1 IO ,lTEFA14 xE1A6 NO 1 VA 6-O" PICA PILL '6No ' p'' �I r MNI ICI a MAY a SAT a NOTES: t.-O �_ -0" I-[N'Ax:Ipx IIm[x [II ip u[p[i[Iwlx[p re:s�'l$e°-`E1l" ro of CEOFAu[NED"BYY a LIFORMn IS[I CONCRETE STRENGTH AND TYPE LIMITS LIMITS OF• LOW EXPANSION MATERIAL 6.TRANSVERSE LIMIT OF LOY E%PAxelOn PnLTnAL rv0 SCALE GECTI_AN A-A B ENVIRONMENTAL PASSAGE _WAY 'u[ALL _ OC Lp IT r u r.C,Cr AOLIWINT FCVTIxc, o NO SCALE LECENO: MCA CONTROL ELEVATION k ® 4TAUCILn4 CONCRETE,OAIOIE I6000 pP w 20 Poyll PUAAEl THII:C IT T Rry PTAR.Iw4 CONCRETE,BADGE 1Y0v0 pel m RO Mye] �I�xfJ,)'r Fn , rn fa nx L eV IPF SIA..%7 ini is wn And 3L c 6� Sn 95 v�EI 53 SJR.fo IOb]B.IR 51].56 f 10.11 6e 5E]np o- hlU STFIAG-IL CONCRETE,BRIDGE'DOING N000 ptl pr RI 0:Y.1 AnZen:,ia Im•na.P ..e as-u .n.0 n"n..e a.a n —T rt I.I.I. a n.xv l..m Io ner a ou.ul Le^Sf.oY —SCEs] �0YC5.10 •v>.Ca�—mei o� :..... IleR9T0.9d' IONA]I] SAn/r ao p9 SnY.e[ j n•.oca.e.' Imn..o. 5:Y e1 IO.9n of 6qX AngeS6A]' Im•n,o2 aisa: NOTE: T] TIIC NIIONI 11 SHALL VERIFY ALL CONTROLLING N FIELD Y PER LIMBER AeNLi IrvcOAAeiNN,fEE"41A0EF LeYOVi"LIGEi. � OIxEx51ox5.CfEIIC oA.CAlxc oA PAONUTIxc Am uAT[IllnL. hum[' xry mll T ONG COMPANI' cC'u CfF°'-I AA- I -,I wnnv um CITY OF PALM SPRINGJ,CAOPORNIA ex[[I Mnly SO Atlo. DONE 11E3NMOV wxu GENE ADTRT TRAIL eFIDOE fWIDpMINA1 DC-1 I."C'.a`lea�la.fcr•.nfy`.r-,` n'gm l5'YCe n•101 x' DECK CONTOURS TO S d 7 :: L� � a LEGEND: MC Loullvx 01 Lxliilxc urypEPOF°NtNpnb{LLHIC:Fn oalwx lry " f•P ZVALC7 L L°CAllox:vHLr.+TIC m L1°P 5 ML C1Lnxix[ nn ocx /L Wrin Wrypn�CATIN Nee'29.'OIL nib"dllNe A 711 i ON ACT M ALL fxtslinv VISIT pFI.I.0 pW4EhCINC n uArtiCl Oo1rpM OF iNllnE Cgvapoy inF rvaltn.mxrA[r urvv[gnpOYNp SERVICE ALEN1 ry:AI A+1-0[0-C91-?6Jv FIBER JPIIE FINDER-m¢A Z> ING MARKIxC DAIS mint Tv ANY EXCAVATION. N po+iw pF Etl511nc Avo+lxc CITY OF I,u SFRI�ICS // / YLiLi On .wxINW NVJ130nYAL a[m.w[C A OF 1 nlHrzn uo0lan `�%,"p�h4H E• ry.G•V "IS 1 OIL O JIL AA n%JV // eTl b.2•". _b (` °u b_ �t� %' .�w��, N / /) `� f (\ .Ln BORE f � ��✓/+ TILIEN — JPRR R/n 1IN IfUGFITCJ Tyr / upw nry PLAN 5YMB(ILS CONSTRUCTION NOTES: �, f. 1 \/• // {AnDeNE hex:J[[i xo. PROTECT IN PLACE �. /zFODTIHO / �W /� /i•• % % V:V C A// EXIST DETAIL xo. xn } 0 RELOCAYL 51 vWIcn: / M •�A1 SECTION Ixvexrdluilvx / 'r, • j / /i �//r /fn•r• c CON41flJNvx r O DID 6 /y,Y • �`�y / •% LW -a, % �j Q, NEW F.YTING i•-n• 1•-D^ ..CC ^�cxc xRBED FILL h'/ iNiorNlxm IT' � �//ry, s A A- mcD f k✓ p// C _]I /j to LIMIT OF OVER EXCAVATION AT LfLNT a FOOTING CTI.. No SCALD A-.[R uo,." PLAN NOTE' SCALE I -.o IA A • PollI MEENCON CONTRACTOR TOR SHALL IENI DII ALL CONTROLLING Aryv/flr @,G , � C°umEUENTS OF ENGINEERED FILL.:C4'EGIAL FBOVISIONV DIMII GENERAL NOTES ENGINEERED rJLL�— SECTION B-B LOAD FACTOR DESIGN LIMIT GP OVER EACAYA TION AT BENT a FOOTING DESIGN: [47ut1 pNDOE DESI":11[11"u"M F-SFPiOLDER RWI ILFOI REINFORCED CONCNETO OUAN71 TI ES: DIVE u:nlo NITP INTERIM AN O nLvlaOxs q NLTpµFI ry 6D OW P51 PRICE REMOVAL POR{1°xl LUNG SUN :CL•vl[.11111, CALIPHS 4CICHIC K:Icx AFFIRM(SBCL VERSION t.n HAVE 2.Or .AI600 FFI •+nu°itlgAL Enuvnn°x IpR I0cC1 -110 LOADI INGICIO 11°P(IW FUTURE BLAMING:unlAq TWAN4VEPSE DE[F:CADS '+'mx1NC STRESS DESICNI N °A[PEWTER Ly.Ap ROVIL OF ON FIN°,NOCTIox,DEMOLITION,Wp STAYENRu )e[xT lu. OglpcEl su BY 2°DOJ P:I AALSYZ ORX Is REONAED,ALLOW A MINimm°r r°P VgrKP FOR THE REVIEW STRUCTURAL DEVOICTC,GRIND ARCTInC Otz CY LIVC Lour 4520-44 AND ALTERNATIVE AND PERRY DESIGN LOAD .1.�00 LIST UHN-MAL OF EACH COMMITTAL. 4IDu[]LIAL mGERCW,CRASH NeLL ppfi V SEISMIC LOYI Ogcl[o SDC ARE EMVC I'°h]JAL nnvgL p ryn 1 G°v D Y51 pgE91flE54ED[onol[iu A. ALL FHOAIA SYSTEMS THAT Iw•Aot mE RAILROAD'S OPERATIONS ANVOYM tRUCILIAL CONCRETE,BRIDGE Lab OT (Vux E.EGIA ICCELENPYIDN-..e 1 ......To TOY NE1pnuL1 EFFECT: WepOPlS lnE AAILIIoeo:[Ia.wmFm FIul4 DE DESIGNED AND con:mu[T[o Sinucmgq CONCRETE,APPROACH SCAB ITrvC ry 1D6 [T .rt TRE51R'551NC NOTES"ON-.I11=n 1111111 UP,f•SHCET PEq OMMENT NAILOAD CUI.LLINC:FOR T[NPORAIIi SHOWING, STRUCTURAL CONCRETE,APPPWm SLAG TY C nl 95 [T T.B B, ALL°EAELITmx:WTFAIR THE RAILROAD S RIC07-01-NAM Axvmn m'wyTIP 'DINT SEAL ASSEMBLY NO-YI ni IF DOTES= ]PAT Am IMPACT THi nAILMA°5 TRAOD OR GPLIUTI°xs:HALL BE IN PRECASTAPPE5TRE55ED I-EIn= CA - —FTINO°PO wrkVNC9 WITH ME RAILROAD S D4ALttION GUIDELINE:. GRILL AND BOND MENCLs Lr i �WDIT IfO t, THL COmrt¢TOn MUST CRAB A PROPOSED METHM Of llm:mx T. EVICTION ovin PI[RAILROAD'S MIGHT-Gr-PAY SHALL BE oC:ICNCD ro CnL11 DRILL AND MONO COOL:N11IFY ORTRIDOEI Le L. N+CPTROL AND HAVE THE HEln°u ml•nwC.ry A.IWrti'Vrmu To PIT DARAOAD S OPERATION,CxALLING INC Vuula To CONCRETE BARNOW ITmC TOG WpIFIE01 FR Lr °J [RAILROAD Ix Jpvx w To TRAFFIC PEA THE ALMLIGH51 IILOUIn [nT:. 4WAIN LINK RAILING(TYPC T Wp Lc IFIEDI ONE p .a x T MURDER GRACE SEPARAT16M PRmal:MALL NOT MIAxrE . m nAltmB RG°UIPE ALLOW WORK GO NOT ALL WORK NITHIM OR r!T or TRACK DM REWFOR[me STEEL VP915 LR THE OpANTIT1 MOAN CHeHAEtCRI:TlCI or THE ROW IN THE CRIMkINE WEN 1 TRAIN PASSES THE WORK silt AA.ALL PERSONNEL MIST MISEELuxIM•Kiq 11. L. ' t RAILROAD I IIIµEE ANDNA°AANAIE Sinu[Tun[:. [Lp r R THE AREA WITHIN 25 FEET OF THE TRUCK CCNTCID-WE AND:GONE ALL GONE L ANEICUI[CIC-ABLE 2 IT I .. O p, ilT ELEVATION OF TIR LxI,IWY TOP"CI•RgL PROFILE SHALL EBAIFUENT. EXISTING oPIVInAFM PENA01LITATION 1 LS CA) Ij D O 5 t is T 2 C ] ].E A BE 1ERIr IEJ u6V°nC MgAINR.rONFTRMCTION.ALL DISCREPAxCIes 9, ALL PERMANENT aGRM104:"HILL°E VTp61E1 BEFORE PROMEBT CLOSI.C. I.LYC TER CONCRETE OVEflLAt i EF C ENALL no m°u511T TI WE ATTENTION OF{nE RAILQUO DAI°n To I° FOR RAILROAD t°GngNAnoN PL64E REFER TO THE RAILROAD MINIMUM c'©COP[HOLE tO LP TD 41 STANOAko Axo MOOFFIHO ARS CURVES mx.muoTNSV NEwmtuNY:A:PACT°1 SeECIIL PROVISIONS. NOD xo ONLE inW inur m['AJM ��yJ o lCOMM Gam' Pin FM• wnnm n (J1y Qf RALM SPRINGS CALIFORNIA abb .ncR ,y I-M AMv' D nOP18PQNIHOV GENE AUTBT TRAIL BRIDGE (WIDIEnlNailMADHIAIN N — ;'D DrV VSI: I. 7.°°: GeaY`..,.E POUNGATION PLAN imis>, m CD CL 17 M: M � � [icV 11. T♦ F[Ev SAS.AP% mx.nm[ilox - SPOT t¢vAxlpx AT to xn PVAL:rr TOND ALMS" W t'•5' r PROFILE CRAZE R ND SCALE ® COMMITAn••T X IS', xl E.il MEASURED ALoxE CONSTRUCTION LINE (FAST EIT IN PLACEII IFXISTIxn eWueryp5l 1'/io5xiryq SEE PODNDAT] PIAN"SHEET IT-nl�w m- r _ FOR ADDITIONAL YiRITIES PDT SNCXN ] q 51�^ ��E ,c 1fLGN: N %A T � aunix¢NIIWIIiinrcnYiuL a II _ 1AA, ---nCNOICn EXISrINO ITAY[NAE - Anm, 0 •r--- - Apui. CLCSVRE PWA v.LL ]..A".,:5. A F TOP.1 FAIL l ill y EL nee P9 ixnr-o°i}+Pm oc 0,2 ORIOLE REwvnL IPRRnoxl wArLwA]x 'x. r j i-IT pExr -----Tex�.0---Dent -------- IF010D PCLTBTEn CONCRETE OVERLAY _ s DAiuN uxr 14 - r3io.00 ® �ieP of Feu 0NN^v RT. lW ELEVATION (� lLs%oin[niox of IMUYI[ �W•__.�-..�Li — � — pp^ FLI IWIDENINDI SCALE 1 e PD / • mxiww novrsoxuL gpAAx[r '• �,'•-,��TOLE OF FILL /i '� // L / Tor or qu TYPICAL HECTICN xoifst % v+` / / .CALF I • to i,nrnr P axown % , / i / a:OR•xo.o ALN:FOR coxsnm[Imx•u:lxc ro R� • '/ j % %/ / ( Ellnf ertfex_fewyoMDr SIC,Cf O�i ,/w � / y /% \i 'A,\ A9'iAxLA53•1, { n n! n ' / q / `Vm Fm +A•tpa.t 0.[CM:iNu[tlpNn � _ +Ny.• '. rf�' % �/ F Tor or FILL CITY OF FAIR:101NDS / .I] j / % / __ / EXISTING MAIN ] N�ILX TL F^/I EDGE OF /yf / \`[/`,\,(( / ^ AN .ugirA[nP1X" s livnl rvAt •j '/ ( u n nu•. Ann nrrn mrn mnn nnn�sn Fern nxn RA. nx.n TOP OF HAIL PROFILE C ID9• /( / %•p i (Don Ik^'Dn9tp01M m / ELP6�TTYPE A 1901[II nEfEni NC SCALE [voa I:CALCULATED t[Ixiu: SLADr TYPE Ir PLDI N / 1 , /!/, /^• -/ '•/ / __1 ,A_ -+/ CCFICRLI-E]ei 74C OVEPxL SmYCiySC AND EXISTING TAAG r Trr - �---- rIr•.0 C CONSTRUCTION % Ge'4a 1p e A f, ( / `a( —STP�CINTO APPROACH Q PAINT-C[xC Amnr TRAIL CnncC- 1 All SEE R.Ab rLAAI ID 'r%y{, ^:fir ,31. (,1 1 4 - a Te x l%DI _�� ' — %S / / (� 2 20( 7 ti P PAINT"BRIDGE 10.SIC-R� (I}I AENCVf y DEPTH CCNC DL[ox[VovACE AND -0 O aC•OL O' " [[V Donn AnxlrtEfl RP i]L IVOD f n[nN,%I`wlnl Coq[i[ CANv `^ 'O orHni AAT Al0 TRAFFIC[ a iDINr LnCxla JClxi gµ AND CLCAN EXPANSION IiCF iR vxiADLnvLAW) r� enx[nfif P[uiaL INSTALL NEW TYPE A SILICONE NDINT]CIO fMSN WALL AT B[Ni f AM] O`-, CIA DYEING 111NON x Clunnecx:,CF f+}/ / f CHAIN LINA RAILING TYPE l WDIPIED MTMC unuT11: .`h�i N g` ,,,y I:-I, ronu[o MOLE I.F.E[X onux.c[ �� iOF OF rllL /'Y/ TOP Or TILL O CLOSURE PwF O..ylA x% o[[n mAtxAc[An[ ndiinD UNITING 15 METAL moE oRlooE TOE W Flu x,:ee•fiTu I EET PLAN o [[ o (n C ,.[nL 1"-xo' iCfl sYexDeAD OTAxn LIST ANT'IECTIDN A-A SEE-p[en GSl Y IN[mGfmN Cf EA:LING...ZACImuxD ufWTIES ARE SHORN In 04 O5NERAl noi55 Axo olAx I x I x nL LT rT .PPACaINPTE LOCRIUrvS Drrtr.THE CONTRACTOR SHALL DETERUIIIF [AW Cml•C IA11W YPFtlLS 1EE CROID PLrhS- TIC TNC EL'ACj LOCATION MR ALL E%IeTING ITLITHE'RQQ)RE CC•CILNPN% LL ivl PoA DEf CHATNACE SEE DEC ORAINA*E IET"R-SMCCT ix5 Vnnn,mlrtA[i ux.[ncnouxC'Foul[[A¢ni lu%AI At o-.o.•xxY•f6.o F TACO T �TqE CONTRACTOR SN,LL YERltt ALL COxTROLLIN.FIELD R.I.INCw uv:l ICA to AVANmt. t an " a .Tn DIVfnSIOM BEFAAE OpDEAInp OR nOn ICATIxO Axr xrtriRUL. EO { GpW y OtvA A ��n ONR COMPANY O a%Slur to tl X.' uranium rn^n+^m CITY OFIxAlM 6PNN09,CALIFORNIA +AYn ❑ _ ry _.rY/.�w lldt Fier spmxao^n _ j ! Ongepc,Nluo� FBI AGNG AIITGY TPAIL EIIIPCE (WIPENIN4) ""` up-1 :?a.ru _F.:'.i"'• r��10 GENERAL PLAN o ? � a M � r N EXHIBIT B To Supplemental Agreement (Existing Grade Separation Crossing Improvement) Cover Sheet for the Railroad's Engineering & Flagging Estimate BUILDING AMERICA EXHIBIT B RAILROAD ENGINEERING REVIEW, FLAGGING & INSPECTION ESTIMATE TO SUPPLEMENTAL AGREEMENT DESCRIPTION OF WORK: Perform engineering review, flagging and inspection services for City of Palm Springs for the reconstruction of the existing Gene Autry Trail (Palm Drive) Overpass grade separation crossing (DOT No. 760-701K) at Railroad Mile Past 591.00 on the Yuma Subdivision near Salvia (Palm Springs), Riverside County, California. LOCATION: near Salvia, Riverside County, California STATE: California DATE March 18,2008 DESCRIPTION LABOR MATERIAL AUTHORITY TOTAL FLAGGING $120,000.00 $120,000.00 (at$1,000/day) X 120 days ENGINEERING $25,000.00 $25,000.00 REVIEW INSPECTION $15,000.00 $15.000.00 TOTAL PROJECT $160,000.00 $160,000.00 TOTAL, ESTIMATED COST OF PROJECT LESS CREDITS $160,000.00 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION, IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OF AMOUNT OF MATERIAL OR LABOR REQUIRED, THE AUTHORITY WILL BE BILLED FOR ACTUAL COST AT THE CURRENT RATES EFFECTIVE THEREOF. Exhibit B Railroad's Engineering Review, Flagging& Inspection Estimate To Supplemental Agreement EXHIBIT C To Supplemental Agreement (Existing Grade Separation Crossing Improvement) Cover Sheet for the Fonn of Railroad Relations Railroad Coordination Requirement ExC Standard,Form,Approved AVP-Law 05/01/2006 BUILDING AMERICA EXHIBIT C TO PUBLIC PROJECTS AGREEMENT RAILROAD COORDINATION REQUIREMENTS 1.01 DESCRIPTION This project includes construction work within the right-of-way and/or properties of the Union Pacific Railroad Company (UPRR) and adjacent to its tracks, wire lines and other facilities. This section describes coordination with UPRR when work by the Contractor will be performed upon, over or under the UPRR right-of-way or may impact current or future UPRR operations. The Contractor will coordinate with UPRR while performing the work outlined in this Contract, and shall afford the same cooperation with UPRR as it does with the Applicant. All submittals and work shall be completed in accordance with UPRR Guidelines and requirements, AREMA recommendations, and these Railroad Coordination Requirements or as directed in writing by the UPRR Designated Representative, 1.02 DEFINITIONS Applicant: Any party proposing construction on Railroad right-of-way or other Railroad operating location, regardless of track being active or out of service. Contractor: The individual, partnership, corporation or joint venture and all principals and representatives (including Applicant's and Contractor's subcontractors)with whom the contract is made by the Applicant for the construction of proposed work, Railroad Local Representative'The individual designated by the UPRR as the primary point of contact for the project. 1.03 UPRR CONTACTS The primary UPRR point of contact for this project is: Freddy Cheung Senior Afanager Industry&Public Projects Union Pacifc Railroad Company 2015 South Willmr Avenue Bloomington, CA 92316 Phan: 909-879-6264 Fax. 909-879-6289 Celli 951-334-9110 For UPRR flagging services and track work, contact: John Clark Manager Track Maintenance Union Pacific Railroad Company 301 Gila Street Yzrma,AZ 85364 Phone 925-343-4563 Fax:928-343-4558 1.04 PLANS/SPECIFICATIONS The plans and specifications for this project, affecting the UPRR, are subject to the written approval by the UPRR and changes in the plans may be required after award of the Contract. Such changes are subject to the approval of the Applicant and the UPRR. No construction work shall commence until final stamped plans or changes to final stamped approved plans have been reviewed and approved by the UPRR in writing. 1.05 UTILITIES AND FIBER OPTICS All installations shall be constructed in accordance with current AREMA recommendations, and UPRR specifications and requirements. UPRR general guidelines and the required application farms for utility installations can be found on the UPRR website at http://www.uprr.com/aboutup/re.shtmi 1.06 GENERAL A It is essential that the proposed construction be performed without interference to Railroad operations and shall be performed in compliance with all applicable UPRR and FRA rules and regulations. UPRR shall be reimbursed by Contractor or Applicant for train delay costs and lost revenue claims due to any delays or interruption of train operations resulting from Contractor's construction or other activities. Railroad Coordination Requirement ExC Page 1 of 5 Exhibit C Standard Form,Approved AVP-Law 05/01/2006 Railroad Coordination Requirements Railroad Coordination Requirement ExC Standard,Form,Approved AVP-Law 05IG112006 BUILDING AMERICA 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 defined in Section 1.12. C. The Contractor is also advised that new Railroad facilities within the project may be built by UPRR and that certain Contractor's activities cannot proceed until that work is completed. The Contractor shall be aware of the limits of responsibilities and allow sufficient time in the schedule for that work to be accomplished and shall coordinate its efforts with the UPRR. 1.07 RAILROAD OPERATIONS A. The Contractor shall be advised that trains and/or equipment are expected on any track, at any time, in either direction. Contractor shall communicate with the Railroad Representative to improve his understanding of Railroad traffic volume and operation in this location and structure its bid assuming intermittent track windows in this period, as defined in Section 1.07 C B. All UPRR tracks within and adjacent to the Contract 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 will 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 operations. C. Work windows for this Contract shall be coordinated with the Applicant's and the UPRR's Designated Representatives. Types of work windows include Conditional Work Windows and Absolute Work Windows, as defined below: 1. Conditional Work Window: A Conditional Work Window is a period of time that railroad 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 UPRR flag person will be required. At the direction of the UPRR 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, or as directed by the UPRR Designated Representative, from the tracks). Conditional Work Windows are available for the Project subject to Railroad Local Operating Unit review and approval. 2. Absolute Work Window: An Absolute Work Window is a period of time that construction activities are given priority over railroad operations. During this time frame the designated railroad track(s)will be inactive for train movements and may be fouled by the Contractor. At the end of an Absolute Work Window the railroad tracks and/or signals must be completely operational for train operations and all UPRR, Public Utilities Commission (PUC) and Federal Railroad Administration (FRA) requirements, codes and regulations for operational tracks must be complied with. In the situation where the operating tracks and/or signals have been affected, the UPRR will perform inspections of the work prior to placing that track back into service. UPRR flag persons will be required for construction activities requiring an Absolute Work Window. Absolute Work Windows will not generally be granted. Any request will require a detailed explanation for UPRR review and approval. 1.08 RIGHT OF ENTRY, ADVANCE NOTICE AND WORK STOPPAGES A. Prior to beginning any work on or over the property of Railroad, or affecting the facilities of, the UPRR, the Contractor shall enter into an agreement with the UPRR in the form of the"Contractor's Right of Entry Agreement", attached as Exhibit C, or latest version thereof provided by the UPRR. There is a fee for processing of the agreement. This cost shall be borne by the Contractor. The right of entry agreement shall specify working time frames, flagging and inspection requirements, and any other items specified by the UPRR. B. The Contractor shall give the advance notice to the UPRR as required in the"Contractor's Right of Entry Agreement" before commencing work in connection with construction upon or over UPRR's right-of-way and shall observe UPRR's rules and regulations with respect thereto. C. All work upon UPRR's right-of-way shall be done at such times and in such manner as not to interfere with or endanger the operations of UPRR. Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to UPRR's Designated 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 UPRR is available at the job site. See Section 1.21 for railroad flagging requirements- D. The Contractor shall make requests in writing for both Absolute and Conditional Work Windows, at least two weeks in advance of any work. The written request must include: 1. Exactly what the work entails. 2. The days and hours that work will be performed 3. The exact location of work, and proximity to the tracks. Railroad Coordination Requirement ExC Page 2 of 5 Exhibit C Standard Form,Approved AVP-Law 05loi/2006 Railroad Coordination Requirements Railroad(,00rdination Requirement ExC Standard Form,Approved AVP-Law 0510112006 BUILDING AMERICK 4. The type of window requested and the amount of time requested. 5. The designated contact person. The Contractor shall provide a written confirmation notice to the UPRR at least 48 hours before commencing work in connection with 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 arising from, or in connection with the work, require that immediate and unusual provisions be made to protect operations and property of UPRR, the Contractor shall make such provisions. If in the judgment of UPRR's Designated Representative such provisions are insufficient, the UPRR's Designated Representative may require or provide such provisions as deemed necessary. In any event, such provisions shall be at the Contractor's expense and without cost to the UPRR. UPRR or the Applicant shall have the right to order Contractor to temporarily cease operations in the event of an emergency or, if in the opinion of the UPRR's Designated Representative, the Contractor's operations could endanger UPRR's operations. In the event such an order is given, Contractor shall immediately notify the Applicant of the order. 1.09 INSURANCE Contractor shall not begin work upon or over UPRR's right-of-way until UPRR has been furnished the insurance policies, binders, certificates and endorsements required by the "Contractor's Right-of-Entry Agreement" and UPRR's Designated Representative has advised the Applicant that such insurance is in accordance with the Agreement. The required insurance shall be kept in full force and effect during the performance of work and thereafter until Contractor removes all tools, equipment, and material from UPRR's property and cleans the premises in a manner reasonably satisfactory to UPRR. 1.10 RAILROAD SAFETY ORIENTATION All personnel employed by the Applicant, Contractor and all subcontractors must complete the UPRR course "Orientation for Contractor's Safety", and be registered prior to working on UPRR property. This orientation is available at www.contractororientation.com. This course is required to be completed annually. 1.11 COOPERATION UPRR will cooperate with Contractor so that work may be conducted in an efficient manner, and will cooperate with Contractor in enabling use of UPRR's right-of-way in performing the work. 1.12 CONSTRUCTION CLEARANCES The Contractor shall abide by the 21' temporary vertical construction clearance defined in section 4.4.1.1 and 12' temporary horizontal construction clearance defined in section 4 4.1.2 of BNSF and UPRR Guidelines for Grade Separation Projects. Reduced temporary construction clearances, which are less than construction clearances defined above will require special review and approval by the UPRR. A. Any proposed infringement on the specified minimum clearances due to the Contractor's operations shall be submitted to UPRR's Designated Representative through the Applicant at least 30 days in advance of the work and shall not be undertaken until approved in writing by the UPRR's Designated Representative. 6. No work shall commence until the Contractor receives in writing assurance from UPRR's Designated Representative that arrangements have been made for flagging service, as may be necessary and receives permission from UPRR's Designated Representative to proceed with the work. 1.13 SUBMITTALS A. Construction submittals and Request for Information (RFI) shall be submitted per Section 3.5 of BNSF and UPRR Guidelines for Grade Separation Projects. B. The minimum review times indicated in tables 3-1 and 3-2 of Section 3.5 of BNSF and UPRR Guidelines for Grade Separation Projects must be structured in schedule for review of submittals. The Contractor shall allow additional time for the Applicant's review time as stated elsewhere in these bid documents. C. As Built Submittals shall be submitted per Section 3.6 of BNSF and UPRR Guidelines for Grade Separation Projects, D. The details of the construction affecting the UPRR tracks and property not already included in the Contract Plans shall be submitted to UPRR's Designated Representative through the Applicant for VPRR's review and written approval before such work is undertaken. Review and approval of these submittals will require a minimum of four (4) weeks in addition to the Applicant's review time as stated elsewhere in these bid documents. The Railroad shall not be liable to Applicant, Contractor, and or any other person or entity if the Railroad's review exceeds four-week review time. 1.14 MAINTENANCE OF RAILROAD FACILITIES Railroad Coordination Requirement ExC Page 3 of 5 Exhibit C Standard Form,Approved AVP-Law 05/01/2006 Railroad Coordination Requirements Railroad Cgordination Requirement ExC Standard,Form,Approved AVP-Law 05/0112006 BUILDING AMERICA A The Contractor shall be required to maintain all ditches and drainage structures free of silt or other obstructions which may result from Contractor's operations; to promptly repair eroded areas within UPRR's right-of-way and to repair any other damage to the property of UPRR, or its tenants. B. All such maintenance and repair of damages due to the Contractor's operations, tracks or facilities shall be done at the Applicant's and or Contractor's expense. C. The Contractor must submit a proposed method of erosion control and have the method reviewed by the UPRR prior to beginning any grading on the Project Site. Erosion control methods must comply with all applicable local, state and federal regulations. 1.15 SITE INSPECTIONS BY LIPRR'S DESIGNATED REPRESENTATIVE A. In addition to the office reviews of construction submittals, site observation will be performed by UPRR's Designated Representative at significant points during construction per Section 4.11 of BNSF/UPRR Guidelines for Grade Separation Projects- B. Site inspection is not limited to the milestone events listed in the guidelines Site Visits to check progress of the work may be performed at any time throughout the construction as deemed necessary by UPRR- 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 to the Applicant for submittal to UPRR's Designated Representative for review and approval prior to commencement of work This schedule shall also include the anticipated dates when 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 UPRR REPRESENTATIVES A. UPRR representatives, conductors, flag person or watch person will be provided by UPRR at expense of the Applicant or Contractor (as stated elsewhere in these bid documents) to protect UPRR facilities, property and movements of its trains or engines. In general, UPRR will furnish such personnel or other protective services as follows: 1. When any part of any equipment is standing or being operated within 25 feet, measured horizontally, from centerline of any track on which trains may operate, or when any object is off the ground and any dimension thereof could extend inside the 25 foot limit, or when any erection or construction activities are in progress within such limits, regardless of elevation above or below track. 2. For any excavation below elevation of track subgrade if, in the opinion of UPRR's Designated Representative, track or other UPRR facilities may be subject to settlement or movement. 3. During any clearing, grubbing, excavation or grading in proximity to UPRR facilities, which, in the opinion of UPRR's Designated Representative, may endanger UPRR facilities or operations. 4. During any contractor's operations when, in the opinion of UPRR's Designated Representative, UPRR facilities, including, but not limited to,tracks, buildings, signals,wire lines, or pipe lines, may be endangered. B. The Contractor shall arrange with the UPRR Designated Representative to provide the adequate number of flag persons to accomplish the work. 1.17 WALKWAYS REQUIRED Along 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 to a line not less than twelve feet (12') 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 Contractor over open excavation areas when in close proximity of track, and railings shall not be closer than 9' horizontally from center line of tangent track or 9'—6" horizontal from curved track. 1.18 COMMUNICATIONS AND SIGNAL LINES If required, UPRR will rearrange its communications and signal lines, Its grade crossing warning devices, train signals and tracks, and facilities that are in use and maintained by UPRR's forces in Connection with its operation at expense of the Applicant. This work by UPRR will be done by its own forces and it Is not a part of the Work under this Contract. 1.19 TRAFFIC CONTROL Contractor's operations that control traffic across or around UPRR facilities shall be coordinated with and approved by the UPRR's Designated Representative, and shall be in compliance with the MUTCD. 1.20 CONSTRUCTION EXCAVATIONS Railroad Coordination Requirement ExC Page 4 of 5 Exhibit C Standard Form,Approved AVP-Law 05/01/2006 Railroad Coordination Requirements _Railroad roordinntion Requirement ExC Stanaard,Form,Approved AVP-Law 05/01/2006 BUILDING AMERICA A. The Contractor shall be required to take special precaution 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 UPRR"Guidelines for Temporary Shoring". B. The Contractor shall contact UPRR's "Call Before Your Dig" 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 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 UPRR property, the Contractor will co-ordinate with UPRR and the Telecommunication Company(ies) to arrange for relocation or other protection of the system prior to beginning any work on or near UPRR property- C. In general the Railroad does not allow temporary at grade crossings. 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 will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach within twenty-five (25) feet of any track, may require railroad flagging services or other protective measures. Contractor shall give the advance notice to the UPRR as required in the "Contractor's Right of Entry Agreement" before commencing any such work, so that the UPRR may determine the need for flagging or other protective measures to ensure the safety of the railroad's operations. 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 $800.00 per day for an 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 UPRR 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 Contractor shall, upon completion of the work to be performed by Contractor upon the premises, over or beneath the tracks of UPRR, promptly remove from the right-of-way of UPRR all of Contractor's tools, implements, and other materials whether brought upon the right-of-way by 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 satisfaction of UPRR. Railroad Coordination Requirement ExC Page 5 of 5 Exhibit C Standard Form,Approved AVP-Law 05/0112006 Railroad Coordination Requirements EXHIBIT D To Supplemental Agreement (Existing Grade Separation Crossing Improvement) Cover Sheet for the Form of Contractor's Right of Entry Agreement April 23, 2008 UPRR Folder No.: 2442-59 To the Contractor: Before Union Pacific Railroad Company can permit you to perforn work on its property for the reconstruction of the existing Gene Autry Trail (Palm Drive) Overpass grade separation crossing,it will be necessary for you to complete and execute two originals of the enclosed Contractor's Right of Eniry Aryreetnent_ Please: 1. Fill in the corgi legal name of the contractor in the space provided on Page I of the Contractor's Right of Entry Agreement. If a corporation,give the state of incorporation. If a partnership,give the names of all partners. 2. Fill in the date construction will begin and be completed in Article 5, Paragraph A. 3. Fill in the name of the contractor in the space provided in the signature block at the end of the Contractor's Right of Entry Agreement. If the contractor is a corporation,the person signing on its behalf roust be an elected corporate officer. 4. Execute and return all copies of the Contractor's Right of Entry Agreement together with your Certificate of Insurance as required in Exhibit B, in the attached, self-addressed envelope. a. Include a check made payable to the Union Pacific Railroad Company in the amount of S500.00. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Services' new policy regarding their Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. Under Exhibit B of the enclosed Contractor's Right of Entry Agreement,you are required to procure Railroad Protective Liability Insurance (RPLI) for the duration of this project. As a service to you, Union Pacific is making this coverage available to you.If you decide that acquiring this coverage from the Railroad is of benefit to you, please contact Mr. Mike McGrade of Marsh USA @ 800-729-7001, e-mail: williatn.i.smlth n,marsh.corl7. This agreement will not be accepted by the Railroad Company until you have returned all of the following to the undersigned at Union Pacific Railroad Company: 1. Executed, unaltered duplicate original counterparts of the Contractor's Right of Entiy Agreement; 2. Your check in the amount of$500.00 to pay the required balance due Of the required Contractor's Right of Entry fee. (The Folder Number and the name "Paul G. Farrell" should be written on the check to insure proper credit). If you require formal billing,you may consider this letter as a formal bill; 3. Copies of all of your up-to-date General Liability, Auto Liability & Workman's Compensation Insurance Certificates (yours and all contractors), narning Union Pacific Railroad Company as additional insured; -o Real Estate department UNION PACIFIC RAILROAD COMPANY � 1400 Douglas Street,MS 1690 _ Omaha,Nebraska 68179-1690 fax:402 501.0340 4. Copy of your up-to-date Railroad Protective Liability Insurance Certificate (yours and all contractors), naming Union Pacific Railroad Company as additional insured_ RETURN ALL OF THESE REQUIRED ITEMS TOGETHER IN ONE ENVELOPE. DO NOT MAIL ANY ITEM SEPARATELY. If you Have any questions concerning this agreement,please contact me as noted below.Iave a safe day! Paul G, Farrell Senior Manager Contracts Phone: (402) 544-8620 e-mail:pgfarrell(( up.con? r Real Estate Department UNION PACIFIC RAILROAD COMPANY 1400 Douglas Street,MS 1690 Omaha,Nebraska 08170-1690 fax:402.501.0340 Contractor's ROE(Generic)08.15.07 Fdrm Approved-AV P Law BUILDING AWRICA UPRR Folder No_' 2442-59 UPRR Audit No.: S049339 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of 200 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and (NAME OF CONTRACTOR) a corporation("Contractor"). (State of Corporation) RECITALS: Contractor has been hired by the City of Palm Springs to perform work relating to the reconstruction of the existing Gene Autry Trail (Palm Drive) Overpass grade separation crossing (the "work"), with all or a portion of such work to be performed on property of Railroad in the vicinity of the Railroad's Mile Post 591.00 on the Railroad's Yuma Subdivision near Salvia (Palm Springs), Riverside Cotmty, 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 a contract dated between Railroad and the City of Palm Springs. (Taal? of C&MAgreennenl) 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 Contractor's ROE(Generic)08-15-07 Page 1 of 4 April 23, 2008 Form Approved-AVP Law Contractor's ROE(Generic)08-15-07 Fdrm Approved-AVID Law BUILDING AMERICK portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXIIIBITS B C & D. The terms and conditions contained in Exhibit B,Exhibit C and ExhibitD,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"): John Clark Kevin Rei1Zy Manager Signal Maintenance Manager Signal Maintenance Union Pacific Railroad Company Union Pacific Railroad Company 307 Gila Street 235 Luis Estrada Road Yzinaa,AZ 85364 Beaumont, CA 92223 Phone: 925-343-4563 Phone:951-845-1711 Fax• 928-343-4558 Pax: 909-879-6162 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 Cozily 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 recormnendations made by Railroad Representative. ARTICLE 5 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement,and continue until ,unless sooner terminated as herein provided,or (Expiration Date) at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B_ This Agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 6 - 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 Contractor's ROE(Generic)03-15-07 Page 2 of 4 April 23, 2008 Form Approved-AVP Law Contractor's ROE(Generic)08-15-07 Form Approved-AVP Law BUILDING AMERICA 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 sball be sent to: Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, MS 1690 Omaha, NE 68179-1690 UPRR Folder No.: 2442-59 ARTICLE 7 - 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 o 1'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 S - ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad FIVE HUNDRED DOLLARS (S500.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this Agreement. ARTICLE 9 - CROSSINGS. No additional vehicular crossings(including temporary haul roads)orpedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. ARTICLE 10 - EXPLOSIVES. Explosives or other highly flammable substances shall not be stored on Railroad's property without the prior written approval of Railroad. Contractors ROE(Generic)08-15-07 Page 3 of 4 April 23,2008 Farm Approved-AVP Law Contractor';,ROE(Generic)08.15.07 ' Form Approved-'AVP Law BUILDING AINERICA 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 494-6001323) By: PAUL G. FARRELL Senior Manager Contracts (Na177e of Contractor) sy Title: Contractor's ROE(Generic)08-15-07 Page 4 of 4 April 23,2008 Forrn Approved-AVP Law N I RAILROAD LOCATION PRINT ACCOMPANYING A s CONTRACTOR'S RIGHT OF ENTRY AGREEMENT `ScF MP 591.00-Yuma Subdivision \, • GenaAutryTrailiPalmDrive)-DOT�76U-791K Existing overpass Grade Separation Crossing ` Reconstruction 8 Widening Project ~ r.Y...r`alwa I tia. rfF. Yuma Subdivision k� unrrewarti. �; 1 s �.1 � © Data use cu6feMct to to IlCense. n 02004 DeLorme,street Atlas USA@2009. n t000 MCI) www.delormagom MN(12 e'e) Data Zoom 13-0 RAILROAD WORK TO SE PERFORMED, EXHIBIT "A" 1. Engincering Review,Flagging&Inspection. UNION PACIFIC RAILROAD COMPANY YUMA SUBDIV ISION MILL' POST 591.00 OPS:N 33°52.4824',W 1160 30.3502' near SALVIA(PALM SPRINGS),RIVERSIDE CO.,CA. To accompany Contractor's Right of Entry Agreement with (Name ofContracto?) for an existing overpass grade separation crossing reconstruction and widening project. Folder No.2442-59 Date:April 23,2008 WARNING IN AI-I.OCCASIONS,U P CONEZ(XICAT10NS DEPARThICTrr MIST EE CONTACTED IN ADVANCE OF ANY WOIlX TO DETEI MII E F,xISTENCE AND LOCATION OF FIRER OPTIC CABLE PHONE! 1-(800)336-9193 Exhiblt A Railroad Location Print To Contractor's Right of Entry Agreement Coniractor's,ROE(Genenc)-ExB 'r'orin Approved-AVP Law 07-09-07 BUILDINGAMERICA EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT TERMS AND CONDITIONS Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten(10)working days in advance of Contractor commencing its work and at least 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 stared within twenty-five(25)feet of any of Railroad's track(s)at anytime,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, Contraclor 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 otherfacilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (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 Contractor's ROE(Generic)-ExB Page 1 of 3 Exhibit B Form Approved-AVP Law 07-09-07 Terms& Conditions To Contractors Right of Entry Agreement Contractor's ROE(Generic)-ExB Form App'rdved-AVf5 Law 07.09.07 BUILDING AMERICK I a 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 ether 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 matenalmen'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,Mondaythrough Friday, except holidays)at 1-800-336-9193(also a 24-hour,7-day numberfor emergency calls)to determine iffiberoptic 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 harmlessfrom and against all costs,liability and expense whatsoever(including,without limitation,attorneys'fees,court costs and expenses) arising out of any act or omission of Contractor, its agents and/or employees,that causes or contributes to(1)any damage to or destruction of any telecommunications system on Railroad's property,and/or(2)any injury to or death of any person employed by or on behalf of any telecommunications company, and/Or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action foralleged 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 Exhibit C, 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 goad safety practices. Contractor shall furnish copies of Exhibit C to each of its employees before they enter the jab site. B. Without limitation ofthe 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. contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B Form Approved-AVID Law 07-09-07 Terms&Conditions To Contractor's Right of Entry Agreement Contract ppsove E(Generic)-Fx6 'r""oim Approved-Av�Law 07-09-07 BUILGINGAMERICA 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 ("Indemnified Parties") from and against any and all loss, damage, injury, liability,claim, demand,cast or expense(including,without limitation,attorneys,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,orany employee of contractor or of any indemnified party) arising out of or in any manner connected with (1) 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 lass 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 underthis Section 8 forclaims oractions brought by Contractors own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify Railroad under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court orjury findings in any employee's suit pursuant to any worker's compensation act orthe 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 Railroad. E. The provisions of this Section 8 shall survive the completion of any work performed by Contractororthe termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any indemnified party by statute or under common law, Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as Soon as possible and at Contractor's sale expense,restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment,rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition,covenant or agreement herein contained to be kept,observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION -ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements,whetherwritten ororal,with respectto 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 CG 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 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with"Coverage For Certain Operations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage)for the job site. Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B Form Approved-AVP Law 07.09.07 Terms&Conditions To Contractor's Right of Entry Agreement Contractors f20E(Generic)-ExC `Form App'rovcd-AVP Law 08-15-07 BUILDING AMERICA EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT INSURANCE PROVISIONS Contractor shall,at its sole cast 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 farm 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 1710 01 (or a substitute form providing equivalent coverage)showing "Union Pacific Railroad Company Property"as the Designated Job Site, and • 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 0110 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 fallowing endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA20 7010 01 (ora 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 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured,with a limit of not less than$2,000,000 per occurrence and an aggregate of$5,000,000. 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 farm providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of$10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous matenals from the job site, Contractor mustfurnish 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 Contractors ROE(Generic)-ExC Page 1 of 2 Exhibit C FormApproved-AVPLaw 08-15-07 Insurance Provisions To Contractor's Right of Entry Agreement Contractor's ROE(Generic)-E c `corm App'ro ved-AVR Law 08-15-07 BUILDING AMERICA 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 Contractorwill 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 ROE(Generic)-ExC Page 2 of 2 Exhibit C Form Approved-AVP Law 08-15-07 Insurance Provisions To Contractor's Right of Entry Agreement cgntractor's ROE(Generic)-ExD Farm Ap�ro veil-AVP Law 07-09-07 BUILDING AMERICA EXHIBIT D 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 inter flere will 1 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. (Ill) 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. II, Personal ProtectiVe,Egui,pment 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. (11) 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. (Ill) 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 Safetu 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. Under49CFR214, 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 any track unless the Railroad Representative is present to authonze movements. (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. E ui ment 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 Contractor's ROE(Generic)-ExD Page 1 of 2 Exhibit D Form Approved-AVP Law 07-09.07 Minimum Requirements\ To Contractors Right of Entry Agreement Contmctor's.ROE,(Generic)-Exl) worm App�ved-AVID Law 07-09-07 BUILDING AMERICA 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: • Familiar and comply with Railroad's rules on lockout/tagout of equipment. • Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track. • 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 anytime,in either direction- (H) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components (ill) In passing around the ends of standing cars,engines, roadway machines or work equipment,leave at least20 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 ROE(Generic)-FxD page 2 of 2 Exhibit D Form Approved-AVID Law 07.09-07 Minimum Requirements\ To Contractor's Right of Entry Agreement I