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Agenda Report - March 4, 2015 C-09
CAGENDA ITEM ,- CITY OF LODI r COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Public Highway Overpass Crossing Agreement with Union Pacific Railroad Company and Approving Appropriation for Harney Lane Grade Separation Right -of -Way Acquisition ($89,600) MEETING DATE: March 4, 2015 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Public Highway Overpass Crossing Agreement with Union Pacific Railroad Company and approving appropriation for Harney Lane Grade Separation right-of-way acquisition, in the amount of $89,600. BACKGROUND INFORMATION: The Harney Lane/Union Pacific Railroad (UPRR) Grade Separation is an overpass bridge structure being developed as part of the City's future plan to widen Harney Lane from two lanes to four lanes between the western limits at Lower Sacramento Road to the State Route 99 interchange. The current project development is primarily focused on constructing the overpass crossing and on widening Harney Lane to four lanes between Hutchins Street on the west and Stockton Street on the east. The widened portion of Harney Lane will tie into an existing four -lane segment immediately east of the project limits and will transition back to two lanes just west of the intersection with Hutchins Street. The Public Highway Overpass Crossing Agreement is provided in Attachment A and it addresses the following elements of the Grade Separation Project: 1. Grant of an easement by UPRR to the City and payment by the City to UPRR, in the amount of $89,600, for the easement. 2. UPRR share of the project construction cost and reimbursement to the City up to $422,541.70. 3. Grant of access by UPRR to its property to the construction contractor and others. 4. Contractor's obligation to pay for work performed by UPRR during construction estimated to be $243,100. Full execution of this agreement is a prerequisite to applying to the California Public Utilities Commission for grant funds for the project. This application is due April 1, 2015. Staff recommends authorizing execution of the agreement and approving the appropriation in the amount of $89,600. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Requested Appropriation: Regional Transportation Fees (31499000): $89,600 ,"LAA_ -is, , , , -,/— Jordan Ayers Deputy City Manager/Internal Services Director A11"A I-. -, , C� F. Wally ndelin Public Works Director FWS/smh Attachments APPROVED: Stephen Schwabau r, City Manager K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\CC Harney Lane Grade Sep Public Highway Overpass Agreement doc 2/17/2015 Real Estate Department HB Comments UNION PACIFIC RAILROAD COMPANY 10/21/14 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179-1690 F,�-b ,q+V^, 2015 F. WALLY SANDELIN CITY OF LODI PO BOX 3006 LODI, CA 95241-1910 Dear Mr. Sandelin: UPRR Folder No. 2822-81 RE: Proposed construction, maintenance and use of the new Harney Lane Overpass grade separated public road crossing in or near Lodi, CA. Attached are duplicate originals of a Public Hihway Overpass CrossinAgreement covering your use of the Railroad Company's property. To properly document your use of the Railroad Company's property, it is necessary that you execute the attached documents. Please return to me the following: 1. ALL of the executed documents. If a Contractor's Right -of -Entry Agreement is attached hereto, you may submit the executed Contractor's Right -of -Entry documentation upon selection of a contractor. 2. Certificate of Insurance, if required. 3. Resolution for document execution, if required. 4. Check made payable to the Union Pacific Railroad Company in the amount of $89,600.00. 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. If we have not received the executed documents within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void. If you have any questions, please contact me. Sincerely yours, www.up.com DEC -1780609-2 IiMION VAiIFI[BUILDING AMI Real Estate Department UNION PACIFIC RAILROAD COMPANY 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179-1690 Ed I David C. LaPlante Senior Manager -Contracts Special and Public Projects Union Pacific Railroad 1400 Douglas St. STOP 1690 1 Omaha, NE 68179 Phone: 402.544.8563 1 Fax: 402.501.0340 dclaplante@up.com www.upxom DEC-1780609-2 6vNION PlICIFI� BUILDING UPRR Folder No.: 2822-81 UPRR Audit No.: PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT Harney Lane — DOT No. 440820L Railroad Mile Post 73.97 — Fresno Subdivision Lodi, San Joaquin County, California THIS AGREEMENT (this "Agreement") is made and entered into as of the day of , 2015 ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad") and CITY OF LODI, a municipal corporation or political subdivision of the State of California to be addressed at PO Box 3006, Lodi, California 95241 ("Public Body"). RECITALS: The Public Body currently maintains, uses, and repairs the existing Harney Lane at -grade public road crossing, (DOT No. 752902F), at Railroad's Mile Post 73.98 on the Railroad's Fresno Subdivision at or near Lodi, San Joaquin County, California (the "Existing Crossing"). The Public Body desires to undertake as its project (the "Project") the closure and removal of the Existing Crossing and the construction of a new grade -separated overpass public road crossing for Harney Lane (DOT 440820L), at Railroad's Mile Post 73.97 on the Railroad's Fresno Subdivision at or near Lodi, San Joaquin County, California (the "Overpass Structure"). The Overpass Structure is shown on the Railroad Location Print marked Exhibit A and specified in the Detailed Prints collectively marked Exhibit A-1, with each exhibit being attached hereto and hereby made a part hereof. The right of way presently utilized by the Public Body for the Existing Crossing is not sufficient to allow for the construction of the Overpass Structure. Therefore, under this Agreement, the Railroad will be granting additional rights to the Public Body to facilitate the construction of the Overpass Structure. The portion of Railroad's property that Public Body needs to use in connection with the Overpass Structure is described in the Legal Descriptions marked Exhibit A -2(a) and Exhibit A -2(b) and also shown on the Survey Print marked Exhibit A-3, with each exhibit being attached hereto and hereby made a part hereof (the "Crossing Area"). The Railroad and the Public Body are entering into this Agreement to cover the above. DEC -1780609-2 AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE 1. EXHIBIT B The General Terms and Conditions marked Exhibit B, are attached hereto and hereby made a part hereof. ARTICLE 2. GRANT OF EASEMENT A. For and in consideration of the sum of EIGHTY NINE THOUSAND SIX HUNDRED DOLLARS ($89,600.00) to be paid by the Political Body to the Railroad upon the execution and delivery of the Agreement and in further consideration of the Political Body's agreement to perform and comply with the terms of this Agreement, the Railroad shall execute and deliver to the Political Body an Easement Deed in the form marked Exhibit F, attached hereto and hereby made a part hereof, for the property described and shown on Exhibits A -2(a) and Exhibit A -2(b). ARTICLE 3. RAILROAD'S CONTRIBUTION TO COSTS; CLOSURE OF EXISTING CROSSING A. In compliance with the provisions of the Federal Aid Policy Guide, 23 CFR Section 646.210, the Railroad will bear five percent (5%) of the cost of the theoretical structure due to the Project resulting in the elimination of the Existing Crossing. The Political Body has estimated the required Railroad share for the theoretical structure to be Four Hundred Twenty -Two Thousand Five Hundred Forty -One Dollars Seventy Cents ($422,541.70) as described in Exhibit G, attached hereto and hereby made apart hereof. In no event shall the Railroad's obligation provided in this section exceed Four Hundred Twenty -Two Thousand Five Hundred Forty -One Dollars Seventy cents ($422,541.70), without prior written approval of the Railroad's Assistant Vice -President Engineer -Design or his authorized representative. B. The Political Body, upon completion of the Project, payment of all Railroad invoices and after taking all action necessary to permanently close and vacate the Existing Crossing across the Railroad's property, will submit a single invoice in an amount equal to five percent (5%) of the cost of the theoretical structure to the Railroad for payment; provided, however, that such amount shall not exceed Four Hundred Twenty -Two Thousand Five Hundred Forty -One Dollars Seventy cents ($422,541.70), unless otherwise approved by the Railroad pursuant to Section 3A above. C. The Railroad hereby agrees to pay the Political Body a sum not to exceed Four Hundred Twenty -Two Thousand Five Hundred Forty -One Dollars Seventy Cents ($422,541.70) (unless otherwise approved by the Railroad pursuant to Section 3A above) upon (i) the receipt of the invoice referenced under Section 3B above, (ii) confirmation from the Political Body of completion of the Project, and (iii) the receipt of a copy of the ordinance or resolution duly passed and adopted by the Political Body authorizing and directing the permanent closure and vacation of the Existing Crossing. The Political DEC -1780609-2 Body agrees, by the above consideration received, that the Existing Crossing will remain closed and will not be re -opened. ARTICLE 4. WORK TO BE PERFORMED IN CONNECTION WITH CLOSURE OF EXISTING CROSSING A. The Public Body, at its expense, shall install, maintain, repair and renew permanent barricades on both sides of the Existing Crossing with such barricades to be located off of the Railroad's property and to be in compliance with all applicable standards and guidelines contained in the current Manual on Uniform Traffic Control Devices ("MUTCD"). B. The Public Body, at its expense, shall also (i) provide new advance street signs and pavement markings to indicate that the Existing Crossing is closed, with such signage to be in compliance with applicable current MUTCD standards and guidelines, (ii) remove all Existing Crossing approach surfaces up to the track tie ends, and (iii) require its Contractor to execute the Contractor's ROE (defined below), and for the Contractor to provide to Railroad the insurance policies, certificates and endorsements required therein before allowing any Contractor access to the Railroad's property in connection with the Existing Crossing closure work. C. All work to be performed by the Public Body pursuant to Section 4A and 4B shall be completed prior to the Railroad commencing any work set forth in Section 4D below. D. After completion of the work to be performed by the Public Body pursuant to Section 4A and 4B above, the Railroad, at the Public Body's expense, agrees to remove the railroad crossing surface and warning devices (crossbuck signs, etc.) in connection with the Existing Crossing which currently exist on the Railroad's right-of-way. ARTICLE 5. DEFINITION OF CONTRACTOR For purposes of this Agreement the term "Contractor" shall mean the contractor or contractors hired by the Public Body to perform any Project work on any portion of the Railroad's property and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents, and others acting under its or their authority. ARTICLE 6. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Public Body shall require the Contractor to: execute the Railroad's then current Contractor's Right of Entry Agreement obtain the then current insurance required in the Contractor's Right of Entry Agreement; and provide such insurance policies, certificates, binders and/or endorsements to the Railroad. DEC -1780609-2 B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit E, attached hereto and hereby made a part hereof (the "Contractor's ROE"). The Public Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UPRR Folder No. 2822-81 D. If the Public Body's own employees will be performing any of the Project work, the Public Body may self -insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. ARTICLE 7. FEDERAL AID POLICY GUIDE If the Public Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. ARTICLE 8. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO PUBLIC BODY: PUBLIC BODY'S PAYMENT OF BILLS A. The work to be performed by the Railroad, at the Public Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). The Estimate includes work to be performed by the Railroad under Section 4D above in connection with the closure of the Existing Crossing. As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is Two Hundred Forty Three Thousand One Hundred Dollars ($243,100.00). B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Public Body in the event the Public Body does not commence construction on the portion of the Project located on the Railroad's property within six (6) months from the date of the Estimate. C. The Railroad shall send progressive billing to the Public Body during the Project and final billing to the Public Body within one hundred eighty (180) days after receiving written notice from the Public Body that all Project work affecting the Railroad's property has been completed. D. The Public Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by DEC -1780609-2 the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. ARTICLE 9. PLANS A. The Public Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and submit such plans and specifications to the Railroad's Assistant Vice President Engineering -Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all appurtenances, associated drainage, shoring, sheeting and excavations for bents and/or abutments next to or adjacent to the Railroad's tracks and, if applicable, all demolition and removal plans for the existing structure. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering -Design, or his authorized representative, are hereinafter referred to as the "Plans". The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. Upon completion of the Structure, the Public Body, at its expense, shall furnish to the Railroad two (2) sets of reproducible "as constructed" Plans of the Structure E. The Railroad's review and approval of the Plans will in no way relieve the Public Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Public Body or Contractor on the Plans is at the risk of the Public Body and Contractor. ARTICLE 10. NON -RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non -railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance -of -Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right - to -take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. DEC -1780609-2 B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Public Body mutually agree in writing to: i. deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 813, ii. deem the Non Railroad Facilities part of the Structure, and iii. supplement this Agreement with terms and conditions covering the Non Railroad Facilities. ARTICLE 11. RAILROAD'S COORDINATION REOUIREMENTS The Public Body, at its expense, shall ensure that the Contractor complies with all of the terms and conditions contained in the Railroad's Coordination Requirements that are described in Exhibit D, attached hereto and hereby made a part hereof, and other special guidelines and/or requirements that the Railroad may provide to the Public Body for this Project. ARTICLE 12. EFFECTIVE DATE, TERM: TERMINATION A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Structure remains on the Railroad's property. B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Public Body in the event the Public Body does not commence construction on the portion of the Project located on the Railroad's property within twelve (12) months from the Effective Date. C. If the Agreement is terminated as provided above, or for any other reason, the Public Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. ARTICLE 13. CONDITIONS TO BE MET BEFORE PUBLIC BODY CAN COMMENCE WORK Neither the Public Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: i. The Railroad and the Public Body have executed this Agreement. ii. The Railroad has provided to the Public Body the Railroad's written approval of the Plans. iii. Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, DEC -1780609-2 binders, and/or endorsements required under the Contractor's Right of Entry Agreement. iv. Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contractor's Right of Entry Agreement. ARTICLE 14. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Structure shall not commence until Railroad and Public Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. ARTICLE 15. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Public Body shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Public Body. DEG 1780609-2 ARTICLE 16. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Public Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Public Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Public Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, i. the ARRA reporting requirements are the responsibility of the Public Body and not of the Railroad, and ii. the Public Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Public Body also confirms and acknowledges that i. the Railroad shall provide to the Public Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and ii. such standard and customary billing and documentation from the Railroad provides the information needed by the Public Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Public Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 9 of Exhibit B of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. Apl rovoCis to Torn: [ Attorlicy ATTEST: (SEAL) DEC -1780609-2 UNION PACIFIC RAILROAD COMPANY (Federal Tax ID 994-6001323) M DANIEL A. LEIS General Director Real Estate CITY OF LODI M. Printed Pursuant to Resolution/Order No. dated: hereto attached. 20 EXHIBIT A To Public Highway Overpass Crossing Agreement Cover Sheet for the Railroad Location Print DEC -1780609-2 EXHIBIT A W_�®E RAILROAD LOCATION PRINT e ACCOMPANYING A S CONSTRUCTION AND MAINTENANCE AGREEMENT FOR NEW HIGHWAY OVERPASS/CONTRACTOR'S RIGHT OF ENTRY AGREEMENT UNION PACIFIC RAILROAD COMPANY FRESNO SUBDIVISION RAILROAD MILE POST 73.97 LODI, SAN JOAQUIN COUNTY, CA. To accompany a Construction and Maintenance Agreement with the CITY OF LODI and its CONTRACTORS Construction of new grade -separated overpass at Mile Post 73.97 (DOT 440820L) at existing at -grade crossing Mile Post 73.98 (DOT 752902F) UPRR Folder No. 2822-81 Date: December 18, 2014 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800) 336-9193 Exhibit A Railroad Location Print EXHIBIT A- 1 To Public Highway Overpass Crossing Agreement Cover Sheet for the Detailed Prints DEC -1780609-2 R/O - –1 1* Ix / Sla 3VcPROFILE GRADE 29326.00 EVC El er 87.95 NO SCALE BB 248+-0• EB MEASURED ALONG 'HL" LINE 'HL" LINE TOE OF R = 15000.00' SLOPE A = 02'54'02' L r 759.34' T – 379.75' TOP OF SLOPE — TO TYPICALCAL SECTION T' r 16, INDEX TO PLANA CHAIN Llb ,✓ << $ ;;.fk -s•} .'•_ S-2 GENERAL PLAN NO. 2 int �<-�: ::i:: r;• ,�:_; ;� RAILING 7 6 Mod, Ty FOUNDATION PLAN S-5 ABUTMENT LAYOUT S-6 ABUTMENT DETAILS No. 1 S-7 ABUTMENT DETAILS No. 2 23'–6' Min BENT LAYOUT S-9 BENT DETAILS CONCRETE BARRI 6 Vert Ir GIRDER LAYOUT TOP OF 5 GIRDER REINFORCEMENT TYPE 26 Mod. T CHAIN LINK RAIUNG TYPE 6 Mod S-14 STRUCTURE APPROACH TYPE N(30S) RAIL STRUCTURE APPROACH DRAINAGE DETAILS S-16 Abut 1 S-17 SOILS LEGEND S-18 Abut 4 4�lp PA € /Ipprox OG BOX CIA BENT 2 'EKE .I L, BENT 3 DATUM Elev 20.00 24+00 25+00 26+00 ELEVATION 1' = 20' = W J H 'HL" LINE TOE OF R = 15000.00' SLOPE A = 02'54'02' L r 759.34' T – 379.75' TOP OF SLOPE — TO NOTES: Q1 Paint 'HARNEY LANE OH' Q2 Paint 'BR NO. XXXXX' 3Q Structure Approach Slab Type N(30S) ® 6'-0' Raised Median Q5 Slope Paving © Temporary Railing (Type K) r rn # r I '`— FUTURE (2 4'-0' Closure Pour e' f ACCESS ROAD TOE SLOE 8O 1'-6' X 2'-0' Future Utility Opening rr I f( ' r.+cxei 1. For GENERAL NOTES. see 'DECK CONTOURS' sheet. FUTURE LEGEND: 2. For PILE DATE TABLE. see 'FOUNDATION PLAN' sheet. U ACX (L Exist UPRR MAINLINE Indicates Point of Mlnlmum Vertfcal Clearance PLAN �yO MARX THmm 6 CdIPAlfN ""WK ix rl( A C or: 1" r 20' QR561 lA2 O z IH 11A //,/ 7300 FOM MUM). WITE 200 MAIdC 771GVLA9 ✓♦ C'LTIFAHY 100% SUBMITTAL FM AO�O rtA71 VaVU0IO. CLLIraMIA 0.V 2E DESIGNED MINER THE S1iERVISIm OF: (016) 3014IW FAM: (W) HFlUO a I Z 3 WR•m PG-KAVO CieEN REE 53112 TYPICALCAL SECTION T' r 16, INDEX TO PLANA :ET N0. S-1 GENERAL PLAN NO. 1 S-2 GENERAL PLAN NO. 2 S-3 DECK CONTOURS S-4 FOUNDATION PLAN S-5 ABUTMENT LAYOUT S-6 ABUTMENT DETAILS No. 1 S-7 ABUTMENT DETAILS No. 2 S-8 BENT LAYOUT S-9 BENT DETAILS S-10 TYPICAL SECTION S-11 GIRDER LAYOUT S-12 GIRDER REINFORCEMENT S-13 CHAIN LINK RAIUNG TYPE 6 Mod S-14 STRUCTURE APPROACH TYPE N(30S) S-15 STRUCTURE APPROACH DRAINAGE DETAILS S-16 SLOPE PAVING - FULL WIDTH S-17 SOILS LEGEND S-18 LOG OF TEST BORINGS NOTES: Q1 Paint 'HARNEY LANE OH' Q2 Paint 'BR NO. XXXXX' 3Q Structure Approach Slab Type N(30S) ® 6'-0' Raised Median Q5 Slope Paving © Temporary Railing (Type K) r rn # r I '`— FUTURE (2 4'-0' Closure Pour e' f ACCESS ROAD TOE SLOE 8O 1'-6' X 2'-0' Future Utility Opening rr I f( ' r.+cxei 1. For GENERAL NOTES. see 'DECK CONTOURS' sheet. FUTURE LEGEND: 2. For PILE DATE TABLE. see 'FOUNDATION PLAN' sheet. U ACX (L Exist UPRR MAINLINE Indicates Point of Mlnlmum Vertfcal Clearance PLAN �yO MARX THmm 6 CdIPAlfN ""WK ix rl( A C or: 1" r 20' QR561 lA2 O z IH 11A //,/ 7300 FOM MUM). WITE 200 MAIdC 771GVLA9 ✓♦ C'LTIFAHY 100% SUBMITTAL FM AO�O rtA71 VaVU0IO. CLLIraMIA 0.V 2E DESIGNED MINER THE S1iERVISIm OF: (016) 3014IW FAM: (W) HFlUO a I Z 3 WR•m PG-KAVO CieEN REE 53112 EXHIBIT A-2 (a) & To Public Highway Overpass Crossing Agreement Cover Sheet for the Legal Description DEC -1780609-2 323 W. Elm et BAU M BAC H 8c PIAZZA, INC. Lodi, CA 95240-2003 CIVIL ENGINEERS • LAND SURVEYORS Phone (209) 368.661 Fax (209) 366.66100 www.bpengineers.net Exhibit "A- 2-0) A portion of the Northwest Quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, being more particularly described as follows: Commencing at the northwest corner of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian as shown on Record of Survey, filed in Book 7 of Surveys at Page 308, San Joaquin County Records; thence along the north line of said Section 24 North 87024'00" East, 1189.63 feet to the Westerly line of the Union Pacific Railroad (400 foot wide per Congressional Grant); thence along said Westerly line, South 03008'00" West, 25.13 feet to the intersection of said Westerly line and the South line of Harney lane; thence along said South line of Harney Lane, North 87024'00° East, 72.23 feet to the TRUE POINT OF BEGINNING; thence South 03008'00" West, 70.55 feet; thence North 87024'00" East, 248.00 feet; thence North 03008'00" East, 70.55 feet to said South line of Harney Lane; thence along said South line, South 87024'00" West, 248.00 feet to the TRUE POINT OF BEGINNING. I L' A9 k 12/31/13 t C 11/11/14 5:\Projects\2011\11021\doc\UPRR Dedication - Structure.doc 25' �-- o l -- j NO3008100"E 9 4a Lu 0 z. z 1Y a }___ 70,55' APN:058-010-04 0.401 ACRES 17,410E SQ FT - - - - - - -1� n O U --- HARNEY LANE SITE — u u Viclnity Map No Scale C. P. R. C. o00 0� � Ni '��' N d �' q W o S. P. R. R. C) � � N N ° ° h r-00 pp Z ---- --- __- --- -- C. P. R. C. APN:058-010-05 z Lu o S'0 3°08'00 "W 70.55' N°ro'D POINT _ 25.13'.. OF BEGINNING CNp µ W porn N f a L 7889 —POINT OF Exp, 12/31/15 z '-' COMMENCEMENT S tcTjON 1.3 6,eCT101 v '4 OF CAI1F� .5,5c7'101V 14 59cr10N 23 H UTCH I N S STREET T 3N., R. EE d.«tW ?; Scale: 1 "=60' THIS EXHIBIT HAS BEEN COMPILED FROM RECORDED DATA AND IS NOT BASED UPON A FIELD SURVEY BASIS OF BEARINGS NORTH LINE OF NORTHWEST 1/4 SECTION 24, SHOWN ON RECORD OF SURVEY, FILED IN BOOK 7 OF SURVEYS AT PAGE 308 AS N87024'00"E 11-11-Z014 HARNEY LANE GRADE SEPARATION RIGHT-OF-WAY EASEMENT PREPARED IN THE OFFICE OF: CIVIL ENGINEERS 323 WEST ELM STREET LODI, CALIFORNIA 95240 BAU M BAGH &PIAZZA, INC. Lodi, CA'95� 0 2003 CIVIL ENGINEERS* LAND SURVEYORS Phone (209) 36e-6618 Fax (209) 368.6610 www.bpengineers.net Exhibit "A- 7_ (b) A portion of the Northwest Quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, being more particularly described as follows: Commencing at the northwest corner of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian as shown on Record of Survey, filed in Book 7 of Surveys at Page 308, San Joaquin County Records; thence along the north line of said Section 24 North 87024'00" East, 1189.63 feet to the Westerly line of the Union Pacific Railroad (400 foot wide per Congressional Grant); thence along said Westerly/ line, South 03008'00" West, 25.13 feet to the intersection of said Westerly line and the South line of Harney Lane, and the True Point of Beginning; thence continue along said Westerly line, South 03008'00" West, 157,11 feet; thence North 89042'45" East, 150.27 feet to a line parallel with and lying 50 feet westerly from the centerline of said Union Pacific Railroad; thence along said last parallel line North 031108'00" East, 92.66 feet; thence South 87024'00" West, 78.52 feet; thence North 03008'00" East, 70.55 feet to said South line of Harney Lane; thence South 87024'00" West, 72.23 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH a portion of the Northwest Quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, being more particularly described as follows; Commencing at the northwest corner of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian as shown on Record of Survey, filed in Book 7 of Surveys at Page 308, San Joaquin County Records; thence along the north line of said Section 24 North 87024'00" East, 1189.63 feet to the Westerly line of the Union Pacific Railroad (400 foot wide per Congressional Grant); thence along said Westerly line, South 03008'00" West, 25.13 feet to the intersection of said Westerly line and the South line of Harney Lane; thence continue along said Westerly line, South 03008'00" West, 157.11 feet; thence North 89042'45" East, 150.27 feet to a line parallel with and lying 50 feet westerly from the centerline of said Union Pacific Railroad; thence along said last parallel line North 03008'00" East, 92.66 feet; thence North 87024'00" SAProjects\2011\11021\doc\UPRR Dedlcatlon - Non-Structure,doc Elm Street BAV M BAC H & PIAZZA! INC. Lodi, CA X95 40.2003 CIVIL ENGINEERS* LAND SURVEYORS phone (209) 368.6618 Fax 1209) 388.6610 www.bpengineers.net East, 100.50 feet to a line parallel with and lying 50 easterly from the centerline of said Union Pacific Railroad, and the TRUE POINT OF BEGINNING; thence along said last parallel line South 03008'00" West, 92.03 feet; thence North 85023'48" East, 151.38 feet to the Easterly line of the Union Pacific Railroad (400 foot wide per Congressional Grant); thence along said Easterly line, North 03008'00" East, 157.27 feet to the South line of Harney Lane; thence South 87024'00" West, 81.78 feet along said South line; thence South 03008'00" West, 70.55 feet; thence South 87124'00" West, 68.98 feet to the TRUE POINT OF BEGINNING. if L -I Er89 12/31/13 OFA it/il/14 S;\Projects\2011\11021\doc\UPRR ©edlcatlon - Non-Structure.doc --1 251 1--- I I 41 O zo n 0 00 r- 00 00 m 70.55' A N:058-01 -04 Ln SITE - z o - Vlclnity Map Na o 00 C.P.R.C. Ln S031008100"1N 170.441 ACRES { w 92,03' 19,1461 SQ FT o Q- I'RI.iE POINT o OF BEGINNING o © S. P. R. R. 00 z NO3°08'QO"E 0,421 ACRES --- 92.66' \18,5121 SQ FTS' 0 N C. P. R. C. N 00 o � n co w Ln oio N N In 00 25.13' ui -- _ or'' 70. 50308'00"W iS7.11' orn 00 r, POINT OF Co '-' COMMENCEMENT 6 SC C ilOIV 1 5�cr10N l� 6,5MON 23 HUTCHINS STREET T 3N, Scale: 1 "=60' At--. THIS EXHIBIT HAS BEEN COMPILED L FROM RECORDED DATA AND IS NOT BASED UPON A FIELD SURVEY BASIS OF BEARINGS f NORTH LINE OF NORTHWEST 1/4 SECTION 24, SHOWN ON RECORD OF SURVEY, FILED IN BOOK 7 OF SURVEYS AT PAGE 308 AS N87024'00"E �I HARNEY LANE p� L 7889 Exp. 12/31/15 s�9fEOF 40���Q F ciw 11-11-2014 HARNEY LANE GRADE SEPARATION RIGHT-OF-WAY EASEMENT PREPARED IN THE OFFICE OF: BAUMBACH & PIAllA INC. CIVIL ENGINEERS 323 WEST ELM STREET LODI, CALIFORNIA 95240 A LL L � u C i5' �-- NO3008'00"E 70,55' APN:058-010-04 0.40E ACRES 17,410E SQ Fr/ - J � - -Y MAGGIO ��Z 0 I. -.� tvCIR — L 0 u - - -- HARNEY LANE SITE- U U Ll Vicinity Map No Scale 51 C. P. R. C. 0 06 o Nt N Q yon N S. P. R. R. oNd, N N o rl- 000 V) _ =� C. P. R. C. 0 c '-' 7S03oo8'00"W APN:058-010-05 o in � N N 00 -- -TRUE POINT _ 25.13'•• OF BEGINNING A- G 010 s� C> M 1 -- - -- - - - -• .- _ o m R o C /� o � - —POINT OF Exp, 2/31/15 'i COMMENCEMENT $ CC71C�N 13` 59CTION 2 9rE afi c>�11F��� R, 69C7'1aN 14 69Cr]ON 2.3 H UTCHINS STREET 11-11-2014 T . 3N., R. 6E 1L1.D.t3.4U iti Scale: 1 "=60' HARNEY LANE RIP�'�`� — GRADE SEPARATION o1f--u'r-nG-%A/AV GACGMr-AIT 0 THIS EXHIBIT HAS BEEN COMPILED Ir PREPARED IN THE OFFICE OF: FROM RECORDED DATA AND IS NOT BASED UPON A FIELD SURVEY [323 MBACH & PIAllA,..-IN BASIS OF BEARINGS NORTH LINE OF NORTHWEST 1/4 SECTION 24, SHOWN ON ENGINEERS RECORD OF SURVEY, FILED IN BOOK 7 OF SURVEYS AT PAGE 308 EST ELM STRt ET AS N87°24'00"E CALIFORNIA 95240 BAU MBACH & PIAZZA, INC. Lodi ca'9s ao zoa$ CIVIL ENGINEERS • LAND SURVEYORS Phone (209) 368.6618 Fax (209) 368.6610 www.bpengineers.net Exhibit "A;- 7_ (b) A portion of the Northwest Quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, being more particularly described as follows: Commencing at the northwest corner of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian as shown on Record of Survey, filed in Book 7 of Surveys at Page 308, San Joaquin County Records; thence along the north line of said Section 24 North 87024'00" East, 1189.63 feet to the Westerly line of the Union Pacific Railroad (400 foot wide per Congressional Grant); thence along said Westerly line, South 03008'00" West, 25.13 feet to the intersection of said Westerly line and the South line of Harney Lane, and the True Point of Beginning; thence continue along said Westerly line, South 03008'00" West, 157.11 feet; thence North 89042'45" East, 150.27 feet to a line parallel with and lying 50 feet westerly from the centerline of said Union Pacific Railroad; thence along said last parallel line North 03008'00" Eatt, 92.66 feet; thence South 87024'00" West, 78.52 feet; thence North 03008'00" East, 70.55 feet to said South line of Harney Lane; thence South 87024'00" West, 72.23 feet to the TRUE POINT OF BEGINNING TOGETHER WITH a portion of the Northwest Quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, being more particularly described as follows; Commencing at the northwest corner of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian as shown on Record of Survey, filed in Book 7 of Surveys at Page 308, San Joaquin County Records; thence along the north line of said Section 24 North 87024'00" East, 1189.63 feet to the Westerly line of the Union Pacific Railroad (400 foot wide per Congressional Grant); thence along said Westerly line, South 03008'00" West, 25.13 feet to the intersection of said Westerly line and the South line of Harney Lane; thence continue along said Westerly line, South 03008'00" West, 157.11 feet; thence North 89042'45" East, 150.27 feet to a line parallel with and lying 50 feet westerly from the centerline of said Union Pacific Railroad; thence along said last parallel line North 03008'00" East, 92.66 feet; thence North 87024'00" S:\Projects\2011\11021\doc\UPRR Dedlcatlon - Non-Structure.doc BAV M BAC H tic PIAZZA! INC. 323 W. Elm Street Lodi, CA 95240-2003 CIVIL ENGINEERS • LAND SURVEYORS Ph Fax (209) 368.6610 Fax (209) 368.6610 www.bpengineers.net East, 100.50 feet to a line parallel with and lying 50 easterly from the centerline of said Union Pacific Railroad, and the TRUE POINT OF BEGINNING; thence along said last parallel line South 03008'00" West, 92.03 feet; thence North 85023'48" East, 151.38 feet to the Easterly line of the Union Pacific Railroad (400 foot wide per Congressional Grant); thence along said Easterly line, North 03008'00" East, 157.27 feet to the South line of Harney Lane; thence South 87024'00" West, 81.78 feet along said South line; thence South 03008'00" West, 70.55 feet; thence South 87024'00" West, 68.98 feet to the TRUE POINT OF BEGINNING. OFA 11/11/14 S;\Projects\2011\11021\doc\UPRR Dedication - Non-Structure.doc _ 25' o- p o 000 N 6 I o Co z VIdnity Map 0 io C.P.R.C. LA IS030 08 00 W0.441 ACRES 92.03' 19,146 SQ FTi TRUE POINT0�OF BEGINNINGo S.P. R. R. z i 00 ........ -� 03°08'00"E ` 0.42 ACRES Lu - -- 92.05' \18,512 SQ FT,/ z - b = 4 C.P.R.C. j rq MM. 0 W n I 25.13 0 v N N r- t-- 00 U) w S03 0800V1/ f 57. f i' -" o o °�°� POINT OF Co '-' COMMENCEMENT -2AEC TION 13 _ 5�C 7-/OJV 24 'I 69Cr1DN 9,5C7'10N 23 HUTCHINS STREET gn F3 7.3N., R. 6,5 1Yi 1�.i1. �?lvf wi;►' Scale: Y "=60' ..• ;..• w THIS EXHIBIT HAS BEEN COMPILED FROM RECORDED DATA AND IS NOT BASED UPON A FIELD SURVEY BASIS OF BEARINGS NORTH LINE OF NORTHWEST 1/4 SECTION 24, SHOWN ON RECORD OF SURVEY, FILED IN BOOK 7 OF SURVEYS AT PAGE 308 AS N87024'00"E 11-11-2014 HARNEY LANE GRADE SEPARATION RIGHT-OF-WAY EASEMENT PREPARED IN THE OFFICE OF: SAUMSACN & PIAllAJNC. FAICIVIL ENGINEERS 323 WEST ELM STREET LO01, CALIFORNIA 95240 EXHIBIT A-3 To Public Highway Overpass Crossing Agreement Cover Sheet for the Survey Print DEC -1780609-2 or 0 It LEQEMDo mks A%, Ihl AERIAL EASEMENT AERIAL EASEMENT AREA = 17.410 SO. FT. +/- NON-EXCLUSIVE PUBLIC ROADWAY PURPOSE EASEMENTS • NON-EXCLUSIVE EASEMENT AREA = 37.658 SO. FT. +/- UPRRCO. R/W OUTLINED .......... CADD 0282281 FILENAME SCAN CAV10909-282281.TIF FILENAME A A NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISIONS. EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY LODI, SAN JOAQUIN COUNTY, CALIFORNIA M.P. 73.97 - FRESNO SUB. TO ACCOMPANY AGREEMENT WITH CITY OF LODI MAP SP V-109 / 9 SCALE: 1" = 100' OFFICE OF REAL ESTATE OMAHA, NEBRASKA DATE: 12-15-2014 PJB FILE: 0282281 EXHIBIT B To Public Highway Overpass Crossing Agreement Cover Sheet for the General Terms and Conditions DEC -1780609-2 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT EXHIBIT B TO PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT GENERAL TERMS AND CONDITIONS SECTION 1 - CONDITIONS AND COVENANTS BUILDING AMERICA' A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Public Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Public Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Public Body for the purpose of conveying electric power or communications incidental to the Public Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Public Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Public Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Public Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property and the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to the Structure, provided that such attachments shall comply with Public Body's specifications and will not interfere with the Public Body's use of the Crossing Area. E. So far as it lawfully may do so, the Public Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Structure and its appurtenances, or for the performance of any work in connection with the Project, the Public Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2 - CONSTRUCTION OF STRUCTURE A. The Public Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Public Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Structure and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the Structure and the railroad tracks. Upon completion of the Project, the Public Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Public Body upon the Railroad's property (including, but not limited to, construction of the Structure and all appurtenances and all related and incidental work) shall be performed and completed in a manner General Terms & Conditions DEC -1780609-2 Page 1 of 5 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT BUILDING AMERICA' satisfactory to the Assistant Vice President Engineering -Design of the Railroad or his authorized representative and in compliance with the Plans, the Railroad's Coordination Requirements set forth in Exhibit D and other guidelines furnished by the Railroad. D. All construction work of the Public Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Public Body. The Public Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the Public Body and/or the Contractor. SECTION 3 - INJURY AND DAMAGE TO PROPERTY If the Public Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Public Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Public Body at the Public Body's own expense, or by the Railroad at the expense of the Public Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering -Design. SECTION 4 - RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the Public Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Public Body shall reimburse the Railroad for the amount of the contract. SECTION 5 - MAINTENANCE AND REPAIRS A. The Public Body, at its expense, shall maintain, repair and renew, or cause to be maintained, repaired and renewed, the entire Structure, including, but not limited to, the superstructure, substructure, piers, abutments, walls, approaches and all backfill, grading and drainage required by reason of the Structure, as well as all graffiti removal or overpainting involving the Structure. B. The Railroad, at its expense, will maintain, repair and renew, or cause to be maintained, repaired and renewed, the rails, ties, ballast and communication and signal facilities owned by the Railroad beneath the Structure. SECTION 6 - SAFETY MEASURES: PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Public Body that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the Public Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Public Body shall include work both within and outside of the Railroad's property. B. Entry on to Railroad's Property by Public Body. If the Public Body's employees need to enter Railroad's property in order to perform an inspection of the Structure, minor maintenance or other activities, the Public Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad's property, the Public Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Public Body's employees, or damage to any property or equipment (collectively the "Loss") that arises from the presence or activities of Public Body's employees on Railroad's property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flagging. (i) If the Public Body's employees need to enter Railroad's property as provided in Paragraph B above, the Public Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed General Terms &Conditions Page 2 of 5 Exhibit B DEC -1780609-2 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT BUILDING AMERICA° performance of any work by Public Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Public Body whether a flagman need be present and whether Public Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Public Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Public Body agrees that Public Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Public Body shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Public Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Public Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Public Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Public Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Public Body shall use only such methods as are consistent with safety, both as concerns the Public Body, the Public Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Public Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations, All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Public Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Public Body shall reimburse and, to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Public Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. E. No Interference or Delays. The Public Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Public Body, at its own expense, shall adequately police and supervise all work to be performed by the Public Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the General Terms & Conditions DEC -1780609-2 Page 3of5 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT BUILDING AMERICA" Railroad may be responsible, or to property of the Railroad. The responsibility of the Public Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Public Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Public Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Public Body's engineers or the Vice President -Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Public Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Public Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Public Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Public Body at the Public Body's own expense or by the Railroad at the expense of the Public Body. The Public Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. Explosives. The Public Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President -Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President -Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. Excavation. The Public Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Public Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Public Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Public Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering -Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Public Body, at the Public Body's own expense, shall provide and maintain suitable facilities for draining the Structure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Public Body, at the Public Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Public Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Public Body shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Public Body shall provide the advance notice that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Public Body shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7 - day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Public Body. If it is, Public Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. General Terms &Conditions Page 4 of 5 Exhibit B DEC -1780609-2 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT SECTION 7 - INTERIM WARNING DEVICES BUILDING AMERICA! If at anytime it is determined by a competent authority, by the Public Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Public Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the Structure has been completed. SECTION 8 - OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 9 - BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Public Body for a period of three (3) years following the date of Railroad's last billing sent to Public Body. SECTION 10 -.REMEDIES FOR BREACH OR NONUSE A. If the Public Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Structure and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Public Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Public Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Public Body hereunder. C. The Public Body will surrender peaceable possession of the Crossing Area and Structure upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 11 - MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Public Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Public Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Public Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. General Terms & Conditions DEC -1780609-2 Page 5 of 5 Exhibit B EXHIBIT C To Public Highway Overpass Crossing Agreement Railroad's Material and Force Account Estimate DEC -1780609-2 EXHIBIT UNION PACIFIC RAILROAD COMPANY SUMMARY ESTIMATE SHEET The estimated costs for Railroad Flagging, Engineering, At -Grade Crossing Removal and Field Inspections are $1300.00 per 12hr day for the Harney Road Overhead project. Flagging (120 days at $156,000. $1,300. Per 12 hour day): Engineering $25,000. Inspection/Review: Crossing Removal: $40,000. Contingency (10%): $22,100. Total Cost Estimate: $243,100. Note: This is a estimate only. Railroad shall bill on a actual cost basis. If the total cost estimate is anticipated to exceeded, a supplement to the agreement must be executed by parties prior to the beginning of any work beyond this amount. EXHIBIT D To Public Highway Overpass Crossing Agreement Railroad's Coordination Requirements DEC -1780609-2 Public Highway 06/01/10 Standard Form Approved, AVP -Law EXHIBIT D TO PUBLIC HIGHWAY GRADE -SEPARATED CROSSING AGREEMENT RAILROAD COORDINATION REQUIREMENTS 1.01 DEFINITIONS Agreement: Agreement that has been signed, or will be signed, between Railroad and Agency/Political Body covering the construction and maintenance of the Project. Agency: City of Lodi AREMA: American Railway Engineering and Maintenance -of -way Association Contractor: The contractor or contractors hired by the Agency to perform any project work on any portion of Railroad's property and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents, and others acting under its or their authority. MUTCD: Manual on Uniform Traffic Control Devices Project: Harney Lane Overpass Railroad: Union Pacific Railroad Company Railroad Project Representative: Railroad's Manager of Industry and Public Projects for this Project (see Section 1.03) Railroad MTM Representative: Railroad's Manager of Track Maintenance for this Project (see Section 1.03) Requirements: The Railroad Coordination Requirements set forth in this Exhibit. 1.02 DESCRIPTION This Project includes construction work within Railroad's right-of-way. These Requirements describe coordination with the Railroad when work by the Contractor will be performed upon, over or under the Railroad right-of-way or may impact current or future Railroad operations. The Contractor will coordinate with the Railroad while performing the work outlined in this Agreement and shall afford the same cooperation with the Railroad as it does with the Agency. All submittals and work shall be completed in compliance with these Requirements, Railroad guidelines and requirements, AREMA recommendations and/or as directed by the Railroad Local Representative and/or the Railroad MTM Representative. 1.03 UPRR CONTACTS The Railroad Project CHRIS KECKEISEN SR. MGR IND. & PUB. PROJ. 2015 S. Willow Bloomington, CA 92316 (909) 685-2264 For Railroad flagging services and track work, contact the following Railroad MTM Representative: FERNANDO P. AVILA MGR TRACK MNTCE (209) 471-5304 faperez@up.com 1.04 PLANS / SPECIFICATIONS The plans and specifications for this Project, affecting the Railroad, are subject to the written approval by the Railroad. Changes in the plans made after the execution of the Agreement and/or the awarding of the Project to the Contractor are subject to the prior review and written approval of the Agency and the Railroad. No construction work shall commence until Public Highway 06/01/10 Page 1 of 6 Exhibit D Standard Form Approved, AVP -Law Railroad's Coordination Requirements Public Highway 06/01/10 Standard Form Approved, AVP -Law final stamped plans and/or changes to final stamped plans have been reviewed and approved by the Railroad in writing. The Railroad's review and approval of the Agency's and/or Contractor's plans in no way relieves the Agency and Contractor from their responsibilities, obligations and/or liabilities under this Agreement, Agency's agreement with the Contractor for the Project and/or in the separate Contractor's Right of Entry Agreement referenced in Section 1.08. Railroad's approval will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of Agency's and/or Contractor's plans and that any reliance by the Agency or the Contractor with respect to such plans is at the risk of the Agency and the Contractor. 1.05 UTILITIES AND FIBER OPTICS A. All installations shall be constructed in accordance with current AREMA recommendations and Railroad specifications and requirements. Railroad general guidelines and the required application forms for utility installations can be found on the Railroad website at httl2://www.uprr.com/reus/pi peIinehnstall. shtml. B. It shall be the responsibility of the Contractor, at its expense, to make arrangements directly with utility companies involving the protection, encasement, reinforcement, relocation, replacement, removing or abandonment in place of non -railroad facilities affected by the Project. Railroad has no obligation to supply additional Railroad property for non -railroad facilities affected by this Project, nor does the Railroad have any obligation to permit non railroad facilities to be abandoned in place or relocated on Railroad's property. Any facility and/or utility that crosses Railroad right of way must be covered under an agreement with the Railroad including, without limitation, any relocations of an existing facility and/or utility. C. Any longitudinal fiber optic lines on Railroad right of way shall be treated as Railroad facilities. Project design may need to be altered to accommodate such facilities. D. Any fiber optic relocations or protections that are required due to this Project will be at the Agency's expense. 1.06 GENERAL A. It is essential that the proposed construction shall be performed without interference to Railroad operations and in compliance with all applicable Railroad and Federal Railroad Administration rules and regulations. The Railroad shall be reimbursed by the Contractor or Agency for train delay costs and lost revenue claims due to any delays or interruption of train operations resulting from the Contractor's construction or other activities. B. Track protection is required for all work equipment (including rubber tired equipment) operating within 25 feet from nearest rail. All work shall be designed and executed outside the temporary construction clearance envelope defined in Section 1.12. C. The Contractor is also advised that new facilities within the Project may be scheduled to be built by the Railroad and that certain Contractor's activities cannot proceed until that work is complete. The Contractor shall be aware of the limits of responsibilities, allow sufficient time in the schedule for that work to be accomplished and shall coordinate its efforts with the Railroad. 1.07 RAILROAD OPERATIONS A. The Contractor shall be advised that trains and/or equipment should be expected on any track, at any time, and in either direction. The Contractor shall communicate with the Railroad MTM Representative to improve the Contractor's understanding of Railroad traffic volume and operation at the Project site. The Contractor's bid shall be structured assuming intermittent track windows as defined in Section 1.07 C B. All Railroad tracks within and adjacent to the Project site are to be assumed as active and rail traffic over these facilities shall be maintained throughout the Project. Activities may include both through moves and switching moves to local customers. Railroad traffic and operations can occur continuously throughout the day and night on these tracks and shall be maintained at all times as defined herein. The Contractor shall coordinate and schedule the work so that construction activities do not interfere with Railroad's operations. C. Work windows for this Project shall be coordinated with the Agency or Contractor and the Railroad Project Representative and the Railroad MTM Representative. Types of work windows include Conditional Work Windows and Absolute Work Windows, as defined below: Public Highway 06/01/10 Page 2 of 6 Exhibit D Standard Form Approved, AVP -Law Railroad's Coordination Requirements Public Highway 06/01/10 Standard Form Approved, AVP -Law 1. Conditional Work Window: A period of time in which Railroad's operations have priority over construction activities. When construction activities may occur on and adjacent to the railroad tracks within 25 -feet of the nearest track, a Railroad flag person will be required. At the direction of the flag person, upon approach of a train and when trains are present on the tracks, the tracks must be cleared (i.e., no construction equipment, materials or personnel within 25 -feet from the nearest active track or as directed by the Railroad MTM Representative). Conditional Work Windows are available for the project subject to Railroad's local operating unit review and approval. 2. Absolute Work Window: A period of time in which construction activities are given priority over Railroad's operations. During this time the designated Railroad track(s) will be inactive for train movements and may be fouled by the Contractor. Before the end of an Absolute Work Window, all Railroad tracks and signals must be completely operational for normal train operations. Also, all Railroad, Public Utilities Commission and Federal Railroad Administration requirements, codes and regulations for operational tracks must be complied with. Should the operating tracks and/or signals be affected, the Railroad will perform inspections of the work prior to placing the affected track back into service. Railroad flag persons will be required for construction activities requiring an Absolute Work Window. Absolute Work Windows will generally not be granted. Any request will require a detailed written explanation for Railroad review and approval. 1.08 RIGHT OF ENTRY, ADVANCE NOTICE AND WORK STOPPAGES A. Prior to beginning any work within the Railroad right-of-way, the Contractor shall enter into an agreement with the Railroad in the form of the Contractor's Right of Entry Agreement, attached as Exhibit _, or latest version thereof provided by the Railroad. There is a fee for processing of the agreement which shall be borne by the Contractor. The right of entry agreement shall specify working time frames, flagging, inspection and insurance requirements and any other items specified by the Railroad. B. The Contractor shall give advance notice to the Railroad as required in the Contractor's Right of Entry Agreement before commencing work in connection with construction upon or over Railroad's right-of-way and shall observe the Railroad rules and regulations with respect thereto. C. All work upon the Railroad right-of-way shall be done at such times and in such a manner as not to interfere with or endanger the operations of the Railroad. Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to the Railroad MTM Representative for approval, but such approval shall not relieve the Contractor from liability. Any work to be performed by the Contractor, which requires flagging service or inspection service, shall be deferred until the flagging protection required by the Railroad is available at the job site. See Section 1.21 for railroad flagging requirements. D. The Contractor shall make requests in writing to both the Railroad Project Representative and the Railroad MTM Representative for both Absolute and Conditional Work Windows, at least two weeks in advance of any work. The written request must include: 1. Description of work to be done. 2. The days and hours that work will be performed. 3. The exact location of the work and proximity to the tracks. 4. The type of window and amount of time requested. 5. The designated contact person for the Contractor. The Contractor shall provide a written confirmation notice to the Railroad MTM Representative at least fifteen (15) days prior to commencing work in connection with the approved work windows when work will be performed within 25 feet of any track center line. All work shall be performed in accordance with previously approved work plans. E. Should a condition arise from, or in connection with, the work which requires immediate and unusual actions to be made to protect operations and property of the Railroad, the Contractor shall undertake such actions. If, in the judgment of the Railroad MTM Representative, such actions are insufficient, the Railroad MTM Representative may require or provide such actions as deemed necessary. In any event, such actions shall be at the Contractor's expense and without cost to the Railroad. The Railroad or Agency have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of the Railroad MTM Representative, the Contractor's operations may inhibit the Railroads Public Highway 06/01/10 Page 3 of 6 Exhibit D Standard Form Approved, AVP -Law Railroad's Coordination Requirements Public Highway 06/01/10 Standard Form Approved, AVP -Law operations. In the event such an order is given, the Contractor shall immediately notify the Agency of the order. 1.09 INSURANCE The Contractor shall not begin work within the Railroad's right-of-way until the Railroad has been furnished the insurance policies, binders, certificates and endorsements required by the Contractor's Right -of -Entry Agreement, and the Railroad Project Representative has advised the Agency that such insurance is in accordance with such Agreement. The required insurance shall be kept in full force and effect during the performance of work and thereafter until the Contractor removes all tools, equipment, and material from Railroad property and cleans the premises in a manner reasonably satisfactory to the Railroad. 1.10 RAILROAD SAFETY ORIENTATION All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course "Orientation for Contractor's Safety" and be registered prior to working on Railroad property. This orientation is available at www.contractororientation.com. This course is required to be completed annually. The preceding training does not apply for longitudinal fiber optic installations. 1.11 COOPERATION The Railroad shall cooperate with the Contractor in the scheduling of Project work with the understanding that Railroad's train operations at the job site shall have priority over the Contractor's activities. 1.12 CONSTRUCTION CLEARANCES The Contractor shall abide by the twenty-one (21) foot temporary vertical construction clearance defined in section 4.4.1.1 and twelve (12) foot temporary horizontal construction clearance defined in section 4.4.1.2 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. It shall be the Contractor's responsibility to obtain such guidelines from the Agency or Railroad. Reduced temporary construction clearances, which are less than construction clearances defined above, will require special review and approval by the Railroad. Any proposed variance on the specified minimum clearances due to the Contractor's operations shall be submitted to the Railroad Project Representative through the Agency at least thirty (30) days in advance of the work. No work shall be undertaken until the variance is approved in writing by the Railroad Project Representative. 1.13 SUBMITTALS A. Construction submittals and Requests for Information (RFI) shall be submitted per Section 3.5 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. B. The minimum review times, as indicated in tables 3-1 and 3-2 of Section 3.5 of the BNSF and UPRR Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals. Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals. The details of the construction affecting the Railroad tracks and property, not already included in the contract plans, shall be submitted by the Agency to the Railroad Project Representative for the Railroad's review and written approval before such construction is undertaken. The Railroad shall not be liable to Agency, Contractor, and or any other person or entity if the Railroad's review exceeds a four-week review time. C. As Built Submittals shall be submitted per Section 3.6 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. 1.14 MAINTENANCE OF PROPER DRAINAGE AND DAMAGE TO RAILROAD FACILITIES A. The Contractor, at its expense, shall be required to maintain all ditches and drainage structures free of silt or other obstructions which may result from the Contractor's operations and to repair and restore any Railroad property, tracks and facilities of Railroad and/or its tenants. Public Highway 06/01/10 Page 4 of 6 Exhibit D Standard Form Approved, AVP -Law Railroad's Coordination Requirements Public Highway 06/01/10 Standard Form Approved, AVP -Law B. The Contractor must submit a proposed method of erosion control and have the method reviewed and approved by the Railroad prior to beginning any grading on the project site. Erosion control methods must comply with all applicable local, state and federal regulations. 1.15 SITE INSPECTIONS BY RAILROAD PROJECT REPRESENTATIVE, RAILROAD MTM REPRESENTATIVE OR RAILROAD'S CONTRACTOR A. In addition to the office reviews of construction submittals, site observations will be performed by the Railroad Project Representative, Railroad MTM Representative or Railroad's Contractor at significant points during construction per Section 4.11 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. B. Site inspections are not limited to the milestone events listed in the guidelines. Site visits to check the progress of work may be performed at any time throughout the construction process as deemed necessary by the Railroad. C. A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and construction sequence for all work to be performed, shall be provided by the Contractor to the Agency for submittal to the Railroad's Project Representative for review and approval prior to commencement of work. This schedule shall also include the anticipated dates on which the above listed events will occur. This schedule shall be updated for all critical listed events as necessary but at least monthly so that site visits may be scheduled. 1.16 RAILROAD REPRESENTATIVES A. Railroad representatives, conductors, flag persons or watch persons will be provided by the Railroad at the expense of the Agency or Contractor (as stated elsewhere in these bid documents) to protect Railroad facilities, property and movements of its trains and engines. In general, the Railroad will furnish such personnel or other protective services as follows: 1. When any part of any equipment or object, such as erection or construction activities, is standing or being operated within 25 -feet, measured horizontally from centerline, of any track on which trains may operate. 2. For any excavation below the elevation of track subgrade when, in the opinion of the Railroad MTM Representative, the track or other Railroad facilities may be subject to settlement or movement. 3. During any clearing, grubbing, excavation or grading in proximity to Railroad facilities which, in the opinion of the Railroad MTM Representative, may affect Railroad facilities or inhibit operations. 4. During any Contractor's operations when, in the opinion of the Railroad MTM Representative, the Railroad facilities, including, but not limited to, tracks, buildings, signals, wire lines or pipe lines, may be endangered. B. The Contractor shall arrange with the Railroad Local Representative to provide the adequate number of flag persons to accomplish the work. 1.17 WALKWAYS REQUIRED Parallel to the outer side of each exterior track of multiple operated track and on each side of single operated track, an unobstructed continuous space suitable for trainman's use in walking along trains, extending in width not less than twelve feet (12') perpendicular from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during working hours must be covered, guarded and/or protected as soon as practical. Walkways with railings shall be constructed by the Contractor over open excavation areas when in close proximity of track, and railings shall not be closer than 9' perpendicular from the center line of tangent track or 9' — 6" horizontal from curved track. 1.18 COMMUNICATIONS AND SIGNAL LINES If required, the Railroad, at Agency's expense, will rearrange its communications and signal lines, grade crossing warning devices, train signals, tracks and facilities that are in use and maintained by Railroad forces in connection with its operation. This work by the Railroad will be done by its own forces or by contractors under a continuing contract and may or may not be a part of the work under this contract. 1.19 TRAFFIC CONTROL The Contractor's operations which control traffic across or around Railroad facilities shall be coordinated with and approved by the Railroad MTM Representative and shall be in compliance with the MUTCD. Public Highway 06/01/10 Page 5 of 6 Exhibit D Standard Form Approved, AVP -Law Railroad's Coordination Requirements Public Highway 06/01/10 Standard Form Approved, AVP -Law 1.20 CONSTRUCTION EXCAVATIONS; CALL BEFORE YOU DIG NUMBER A. The Contractor shall be required to take special precautions and care in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls or other facilities that require shoring shall comply with requirements of OSHA, AREMA and Railroad "Guidelines for Temporary Shoring". B. In addition to calling the "811" number and/or the local "one call center", the Contractor shall call the Railroad's "Call Before Your Dig" number at least 48 hours prior to commencing work at 1-800-336-9193 during normal business hours (6:30 a.m. to 8:00 p.m. Central Standard Time, Monday through Friday, except holidays - also a 24 hour, 7 day a week number for emergency calls) to determine location of fiber optics. If a telecommunications system is buried anywhere on or near Railroad property, the Contractor will co-ordinate with the Railroad and the Telecommunication Company(ies) to arrange for relocation or other protection of the system prior to beginning any work on or near Railroad property. The determination of whether fiber optics will be affected by the Project shall be made during the initial design phase of the Project. C. The Railroad does not allow temporary at grade crossings unless absolutely necessary and there is no alternative route available to contractor to access the project site. Alternative plans should be considered to avoid crossing Railroad tracks at grade. 1.21 RAILROAD FLAGGING Performance of any work by the Contractor in which person(s) or equipment will be within twenty-five (25) feet of any track, or that any object or equipment extension (such as, but not limited to, a crane boom) will reach within twenty-five (25) feet of any track, require railroad flagging services or other protective measures. The Contractor shall give an advance notice to the Railroad as required in the Contractor's Right of Entry Agreement before commencing any such work, allowing the Railroad to determine the need for flagging or other protective measures which ensure the safety of Railroad's operations, employees and equipment. Contractor shall comply with all other requirements regarding flagging services covered by the Contractor's Right of Entry Agreement. Any costs associated with failure to abide by these requirements will be borne by the Contractor. The estimated pay rate for each flag person is $1400.00 per day for a(n) 8 -hour work day with time and one-half for overtime, Saturdays, Sundays; double time and one-half for holidays. Flagging rates are set by the Railroad and are subject to change due to, but not limited to, travel time, setup plus, per diem and rest time (if work is required at night). 1.22 CLEANING OF RIGHT-OF-WAY The Contractor shall, upon completion of the work to be performed within the right-of-way and/or properties of the Railroad and adjacent to its tracks, wire lines and other facilities, promptly remove from the Railroad right-of-way all Contractor's tools, implements and other materials whether brought upon the right-of-way by the Contractor or any subcontractors employee or agent of Contractor or of any subcontractor, and leave the right-of-way in a clean and presentable condition to the satisfaction of the Railroad. 1.23 CONTRACTOR'S RESPONSIBILITY OF SUPERVISION The Contractor, at its expense, shall adequately supervise all work to be performed by the Contractor. Such responsibility shall not be lessened or otherwise affected by Railroad's approval of plans and specifications, or by the presence at the work site of the Railroad Project Representative, Railroad MTM Representative or any other Railroad representative or Railroad contractor providing inspection services, or by the compliance by the Contractor with any requests or recommendations made by such representatives. The Contractor will give due consideration to suggestions and recommendations made by such representatives for the safety and protection of the Railroad's property and operations. 1.24 USE OF EXPLOSIVES AT PROJECT SITE PROHIBITED The Contractor's use of explosives at the Project site is expressly prohibited unless authorized in advance in writing by the Railroad Project Representative. Public Highway 06/01/10 Page 6 of 6 Exhibit D Standard Form Approved, AVP -Law Railroad's Coordination Requirements EXHIBIT E To Public Highway Overpass Crossing Agreement Cover Sheet for the Railroad's Form of Contractor's Right of Entry Agreement DEC -1780609-2 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Aooroved: AVP Law 03/01/2013 BUILDING AMERICA° Folder No.: 2822-81 UPRR Audit No.: CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 2014, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and a corporation ("Contractor") RECITALS: (Name of Contractor) Contractor has been hired by the City of Lodi ("City") to close and remove the existing Harney lane at -grade public road Crossing (DOT 752902F) at the Railroad's Mile Post 73.98 and construct the new Harney Lane grade -separated overpass public road crossing (DOT 440820L), at Railroad's Mile Post 73.97 on the Railroad's Fresno Subdivision at or near Lodi, San Joaquin County, California, as such location is in the general location shown on the Railroad Location Print marked Exhibit A attached hereto and hereby made a part hereof, which work is the subject of a contract dated June 5, 2014, between the Railroad and City. The Railroad is willing to permit the Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. Articles of Agreement Page 1 of 4 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Foin2 Approved: AVP Law 03/01/2013 BUILDING AMERICA° ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C & D. The General Terms and Conditions contained in Exhibit B, the Insurance Requirements contained in Exhibit C, and the Minimum Safety Requirements contained in Exhibit D, each attached hereto, are hereby made a part of this Agreement. ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): FERNANDO P. AVILA MGR TRACK MNTCE (209) 471-5304 faperez@up.com C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad Representative named in Article 413 above. The reports shall start at the execution of this Agreement and continue until this Agreement is terminated as provided in this Agreement or until the Contractor has completed all work on Railroad's property. ARTICLE 6 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until , unless sooner terminated as herein (Expiration Date) Articles of Agreement Page 2 of 4 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Anuroved: AVP Law 03/65/2013 BUILDING AMERICA° provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the (i) insurance binders, policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this Agreement. B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, MS 1690 Omaha, NE 68179-1690 UPRR Folder No.: 2822-81 ARTICLE 8 - DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 9 - CROSSINGS. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. ARTICLE 10 - CROSSINGS: COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor's modifications, negligence, or any other reason arising from the Contractor's presence on the Railroad's property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such Articles of Agreement Page 3 of 4 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Foran Aanroved: AVP Law 03/01/2013 noncompliance. ARTICLE 11 - EXPLOSIVES. BUILDING AMERICA° Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) 0 DAVID C. LAPLANTE Senior Manager -Contracts (Name of Contractor) By Printed Articles of Agreement Page 4 of 4 N EXHIBIT A WA _]. RAILROAD LOCATION PRINT t ACCOMPANYING A S CONSTRUCTION AND MAINTENANCE AGREEMENT FOR NEW HIGHWAY OVERPASS/CONTRACTOR'S RIGHT OF ENTRY AGREEMENT UNION PACIFIC RAILROAD COMPANY FRESNO SUBDIVISION RAILROAD MILE POST 73.97 LODI, SAN JOAQUIN COUNTY, CA. To accompany a Construction and Maintenance Agreement with the CITY OF LODI and its CONTRACTORS Construction of new grade -separated overpass at Mile Post 73.97 (DOT 440820L) at existing at -grade crossing Mile Post 73.98 (DOT 752902F) UPRR Folder No. 2822-81 Date: December 18, 2014 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE PHONE: 1-(800) 336-9193 11 Exhibit A Railroad Location Print t�w7t _ UNION PACIFIC RAILROAD COMPANY FRESNO SUBDIVISION RAILROAD MILE POST 73.97 LODI, SAN JOAQUIN COUNTY, CA. To accompany a Construction and Maintenance Agreement with the CITY OF LODI and its CONTRACTORS Construction of new grade -separated overpass at Mile Post 73.97 (DOT 440820L) at existing at -grade crossing Mile Post 73.98 (DOT 752902F) UPRR Folder No. 2822-81 Date: December 18, 2014 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE PHONE: 1-(800) 336-9193 11 Exhibit A Railroad Location Print UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA° Form Approved: AVP Law 03/01/2013 _ EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT GENERAL TERMS & CONDITIONS Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. A. Contractor agrees to notify the Railroad Representative at least thirty (30) working days in advance of Contractor commencing its work and at least ten (10) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such ten (10) -day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with LaborAgreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work , even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. CONTRACTOR'S RIGHT OF ENTRY Page 1 of 4 Exhibit B AGREEMENT General Terms & Conditions Form Approved: AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 BUILDING AMERICA B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in CONTRACTOR'S RIGHT OF ENTRY Page 2 of 4 Exhibit B AGREEMENT General Terms & Conditions Form Approved: AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 BUILDING AMERICA° Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates, and its and their officers, agents and employees (individually an "Indemnified Party" or collectively "Indemnified Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or (iii) any breach of this Agreement by Contractor. B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against any Indemnified Party. E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. CONTRACTOR'S RIGHT OF ENTRY Page 3 of 4 Exhibit B AGREEMENT General Terms & Conditions Form Approved: AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form APpfovcd: AVP Law 03/01/2013 Section 10. WAIVER OF DEFAULT. BUILDING AMERICA Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements 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 thejob site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Page 4 of 4 Exhibit B General Terms & Conditions UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA' Form Approved: AVP Law 03/01/2013 0— �:IPIIIIIPP TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT INSURANCE REQUIREMENTS Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's property and has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage: A. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. BUSINESS AUTOMOBILE COVERAGE INSURANCE. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non -owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS -90) if required by law. C. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: • Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). D. RAILROAD PROTECTIVE LIABILITY INSURANCE. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 3512 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. UMBRELLA OR EXCESS INSURANCE. If Contractor utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. F. POLLUTION LIABILITY INSURANCE. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least CONTRACTOR'S RIGHT OF ENTRY Page 1 of 2 Exhibit C AGREEMENT Insurance Requirements Form Approved: AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Aooroved: AVP Law 03/01/2013 $5,000,000 per occurrence and an aggregate limit of $10,000,000. BUILDING AMERICA If the scope of work as defined in this Agreement includes the disposal of any hazardous or non -hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. OTHER REQUIREMENTS G. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. CONTRACTOR'S RIGHT OF ENTRY Page 2 of 2 Exhibit C AGREEMENT Insurance Requirements Form Approved: AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA° Form (Approved: AVP Law 03/01/2013 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 interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor's employees must wear: i. Waist -length shirts with sleeves. ii. Trousers that cover the entire leg. If flare -legged trousers are worn, the trouser bottoms must be tied to prevent catching. iii. Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety -toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas -type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. PERSONAL PROTECTIVE EQUIPMENT Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. i. Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with Contractor's company logo or name. ii. Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 — latest revision. Additional eye protection must be provided to meet specificjob situations such as welding, grinding, etc. iii. Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: ■ 100 feet of a locomotive or roadway/work equipment ■ 15 feet of power operated tools ■ 150 feet of jet blowers or pile drivers ■ 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection — plugs and muffs) iv. Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. ON TRACK SAFETY Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations — 49CFR214, Subpart C and Railroad's On -Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. CONTRACTOR'S RIGHT OF ENTRY Page 1 of 2 Exhibit D AGREEMENT Minimum Safety Requirements Form Approved: AVP Law 03/01/2013 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA Form Approved: AVP Law 03/01/2013 _ M) il. Wear an orange, reflectorized workwear approved by the Railroad Representative. iii. Participate in a job briefing that will specify the type of On -Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. EQUIPMENT A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: i. Familiar and comply with Railroad's rules on lockout/tagout of equipment. ii. Trained in and comply with the applicable operating rules if operating any by -rail equipment on -track. iii. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. GENERAL SAFETY REQUIREMENTS A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On -Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: i. Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. ii. Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. iii. In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). iv. Avoid walking or standing on a track unless so authorized by the employee in charge. V. Before stepping over or crossing tracks, look in both directions first. vi. Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. CONTRACTOR'S RIGHT OF ENTRY Page 2 of 2 Exhibit D AGREEMENT Minimum Safety Requirements Form Approved: AVP Law 03/01/2013 EXHIBIT F To Public Highway Overpass Crossing Agreement Cover Sheet for the Railroad's Form of Easement Deed DEC -1780609-2 After Recording, Mail To: Space Above Reserved for County Recorder's Use EASEMENT DEED UPRR Folder No.: 2822-81 THIS Easement Deed is made this day of , 2015, between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Grantor"), and CITY OF LODI, a municipal corporation/political subdivision, ("Grantee"). Grantor for and in consideration of the sum of EIGHTY NINE THOUSAND SIX HUNDRED DOLLARS ($89,600.00) to be paid by Grantee, the receipt whereof is hereby confessed and acknowledged, grants to Grantee, its successors and assigns, a NONEXCLUSIVE AERIAL EASEMENT as described in the Legal Description Exhibit A -2(a), and a NONEXCLUSIVE PUBLIC ROADWAY EASEMENT ("Easement Areas") as described in the Legal Description Exhibit A -2(b), both exhibits attached hereto and by reference made a part of this Easement Deed. These Easement Areas are granted for the sole purpose of constructing, using, maintaining, repairing, renewing, and reconstructing the new Harney Lane grade -separated public road crossing, which under Exhibit A -2(b) includes embankments in support of the new grade - separated public road crossing and maintenance roads to be used by both Grantor and Grantee, on or near Grantor's Mile Post 73.97 (DOT 440820L) on Grantor's Fresno Subdivision on, along and across the property in or near Lodi, San Joaquin County, California. The Easement is granted for the purpose described above only. Without limitation of the foregoing, this grant does not include the right to install utilities of any nature, including, without limitation, fiber optic, cable television, electrical, gas or liquid distribution, or telephone lines. Grantor, its successors and assigns, reserves the right to construct at any and all times and to maintain railroad tracks and appurtenances, fiber optic or signal lines and facilities, pipe, telephone, and electric pole and wire lines, over, under and across the Easement Area, but in such a way as to not interfere with Grantee's use of the Easement; it being understood that the rights so reserved by Grantor, its successors and assigns, are retained along with the general right of Grantor, its Page 1 successors and assigns, to use of the Easement Area for any purpose not inconsistent with Grantee's use of the Easement, including, but not limited to any and all general railroad purposes. The Easement is granted subject to all outstanding leases, licenses and other outstanding rights, including, without limitation, those for pipe, telephone, electric and fiber optic lines and the right of renewals and extensions of the same, and subject also to all conditions, limitations, restrictions, encumbrances, reservations or interests of any person that may affect the Easement Area, whether recorded or unrecorded. The Easement is also limited to such rights as Grantor may have in the Easement Area and is granted without warranty, express or implied. If Grantee, its successors or assigns, abandons the Easement Area or any portion of the Easement Area, for the purposes of the Easement, the Easement will cease and terminate with respect to the portion of the Easement Area so abandoned, and the title to the Easement Area will be freed from the burden of the Easement. Nonuse of the Easement Area or any portion thereof, for the purposes of the Easement for the period of one (1) year will be deemed an abandonment of the Easement Area or portion thereof not used. Grantor and Grantee have caused this Easement Deed to be executed as of the date first herein written. Attest: BEVERLY J. KUBAT Assistant Secretary (Seal) ACCEPTED: IC UNION PACIFIC RAILROAD COMPANY M. By Printed Name: Title: Page 2 DANIEL A. LEIS General Director Real Estate CITY OF LODI ACKNOWLEDGMENT STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) On '2015, before me, David C. LaPlante, Notary Public in and for said County and State, personally appeared Daniel A. Leis and Beverly J. Kubat who are the General Director Real Estate and the Assistant Secretary, respectively, of Union Pacific Railroad Company, a Delaware corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. David C. LaPlante Notary Public in and for the State of Nebraska T (Affix Seal Here) T My Commission Expires: September 18, 2017 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 2015, before me, and for said County and State, personally appeared who is the Notary Public in (Name of Party Executing Document) of (Title of Party Executing Document), and who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to in the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Name: Printed T (Affix Seal Here) T Notary Public in and for the State of California My Commission Expires: EXHIBIT A-2 (a) and (b) TO EASEMENT LEGAL DESCRIPTION OF THE EASEMENT AREA 323 Elm Street BAIL M BAC H 8c PIAZZA, INC. Lodi, CA ,95240.2003 CIVIL ENGINEERS • LAND SURVEYORS Phone (209) 368.6610 Fax (209) 388.6610 www.bpengineers.net Exhibit "A— Z(q) A portion of the Northwest Quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, being more particularly described as follows: Commencing at the northwest corner of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian as shown on Record of Survey, filed in Book 7 of Surveys at Page 308, San Joaquin County Records; thence along the north line of said Section 24 North 87024'00" East, 1189.63 feet to the Westerly line of the Union Pacific Railroad (400 foot wide per Congressional Grant); thence along said Westerly line, South 03008'00" West, 25.13 feet to the intersection of said Westerly line and the South line of Harney Lane; thence along said South line of Harney Lane, North 87024'00" East, 72.23 feet to the TRUE POINT OF BEGINNING; thence South 03008'00" West, 70.55 feet; thence North 87024'00" East, 248.00 feet; thence North 03008'00" East, 70.55 feet to said South line of Harney Lane; thence along said South line, South 87024'00" West, 248.00 feet to the TRUE POINT OF BEGINNING. S:\Projects\2011\11021\doc\UPRR Dedication - Structure.doc NO3008'0011E 70.55' APN:058-010-04 � ■��� ■sss� 0 40+ ACRES .. APN:058-010-05 S03°08'00"W a in� 70.55' N 0000 nl ----TRUE POINT 25,13` z OF BEGINNINGto NPS �RND N rn L 7883 o -----POINT OF Exp. 12/31/15 0 -' COMMENCEMENT SECTION 1,3 5J5Cr10N 2 lF4F CA11F0� ,5MON 14 69CTION 23 H UTCHINS STREET 11-11-2014 7-.3N., F?. EE _ }:V Scale: 1 =60 HARVEY LANE GRADE SEPARATION RIGHT-OF-WAY EASEMENT THIS EXHIBIT HAS BEEN COMPILED PREPARED IN THE OFFICE OF: FROM RECORDED DATA AND IS NOT BASED UPON A FIELD SURVEY BAUMBACH & PIAllA, f N' BASIS OF BEARINGS F�sNORTH LINE OF NORTHWEST 1/4 SECTION 24, SHOWN ON CIVIL ENGINEERS RECORD OF SURVEY, FILED IN BOOK 7 OF SURVEYS AT PAGE 308 RALOO). WESTCALIELM 95240 STREET AS N87024'00"E C. P. R. C. � 0 a f 00 N o� � N W LkJ S. P. R. R. z o N � N W 0 00 h00 —_ - r=� z C. P. R. C. APN:058-010-05 S03°08'00"W a in� 70.55' N 0000 nl ----TRUE POINT 25,13` z OF BEGINNINGto NPS �RND N rn L 7883 o -----POINT OF Exp. 12/31/15 0 -' COMMENCEMENT SECTION 1,3 5J5Cr10N 2 lF4F CA11F0� ,5MON 14 69CTION 23 H UTCHINS STREET 11-11-2014 7-.3N., F?. EE _ }:V Scale: 1 =60 HARVEY LANE GRADE SEPARATION RIGHT-OF-WAY EASEMENT THIS EXHIBIT HAS BEEN COMPILED PREPARED IN THE OFFICE OF: FROM RECORDED DATA AND IS NOT BASED UPON A FIELD SURVEY BAUMBACH & PIAllA, f N' BASIS OF BEARINGS F�sNORTH LINE OF NORTHWEST 1/4 SECTION 24, SHOWN ON CIVIL ENGINEERS RECORD OF SURVEY, FILED IN BOOK 7 OF SURVEYS AT PAGE 308 RALOO). WESTCALIELM 95240 STREET AS N87024'00"E 323 BAU M BAC H 8c PIAZZA, INC. Lodi,, CA'95240 200e3 CIVIL ENGINEERS O LAND SURVEYORS Phone (209) 368.6618 Fax (209) 368.6610 www.bpengineers.net Exhibit "A- ? (b) A portion of the Northwest Quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, being more particularly described as follows: Commencing at the northwest corner of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian as shown on Record of Survey, t=iled in Book 7 of Surveys at Page 308, San Joaquin County Records; thence along the north line of said Section 24 North 87024'00" East, 1189.63 feet to the Westerly line of the Union Pacific Railroad (400 foot wide per Congressional Grant); thence along said Westerly line, South 03008'00" West, 25.13 feet to the intersection of said Westerly line and the South line of Harney Lane, and the True Point of Beginning; thence continue along said Westerly line, South 03008'00" West, 157.11 feet; thence North 89042'45" East, 150.27 feet to a line parallel with and lying 50 feet westerly from the centerline of said Union Pacific Railroad; thence along said last parallel line North 03008'00" East, 92.66 feet; thence South 87024'00" West, 78.52 feet; thence North 03008'00" East, 70.55 feet to said South line of Harney Lane; thence South 87024'00" West, 72.23 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH a portion of the Northwest Quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, being more particularly described as follows; Commencing at the northwest corner of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian as shown on Record of Survey, filed in Book 7 of Surveys at Page 308, San Joaquin County Records; thence along the north line of said Section 24 North 87024'00" East, 1189.63 feet to the Westerly line of the Union Pacific Railroad (400 foot wide per Congressional Grant); thence along said Westerly line, South 03008'00" West, 25.13 feet to the intersection of said Westerly line and the South line of Harney Lane; thence continue along said Westerly line, South 03008'00" West, 157.11 feet; thence North 89042'45" East, 150.27 feet to a line parallel with and lying 50 feet westerly from the centerline of said Union Pacific Railroad; thence along said last parallel line North 03008100" East, 92.66 feet; thence North 87024'00" S:\Projects\2011\11021\doc\UPRR Dedication - Non-Structure.doc 323 BAV M BAC H & PIAZZA, INC. Lodi, CA'95 40 2003 CIVIL ENGINEERS • LAND SURVEYORS Phone (209) 368.6618 Fax 1209) 368.6610 www.bpengineers.net East, 100.50 feet to a line parallel with and lying 50 easterly from the centerline of said Union Pacific Railroad, and the TRUE POINT of BEGINNING; thence along said last parallel line South 03008'00" West, 92.03 feet; thence North 85023'48" East, 151.38 feet to the Easterly line of the Union Pacific Railroad (400 foot wide per Congressional Grant); thence along said Easterly line, North 03008'00" East, 157.27 feet to the South line of Harney Lane; thence South 87024'00" West, 81.78 feet along said South line; thence South 03008'00" West, 70.55 feet; thence South 87124'00" West, 68.98 feet to the TRUE POINT OF BEGINNING. gyp: E.�?�B9 12/31/13 ! 11/11/14 S;\Projects\2011\11021\doc\UPRR Dedication - Non-Structure.doc 25' r� wl Q z 0 C) o� oGo I �p u'a 0 LA W ZIJ Pr I 0�� � I C) � N 00 e � �j CO W wl Q E N03008'00"E 157,27' z 0 C) o� oGo I �p u'a 0 LA 25,13' Pr I 0�� E N03008'00"E 157,27' MAGGIO cn- t CIR o .- u ---- HARNEY LANE SITE- a u Vicinity Map Wo' Scale Ajorlo1w '�"U8'00"W 20.441 ACRES....-. 1 92,03' \19,1461 SQ FT/ o TRUE POINT •'f' OF BEGINNING S S. P. R. R. i� 0.421 ACRES 18,512 SQ FT> C. P. R. C. °' POINT OF C '-' COMMENCEMENT C C rlUl 13 ��crloN 24 6gCrbN l-d9,5crJON 23 HUTCHINS STREET T. 3N., f?. 6,5 iYI D.l �tyl }:i' Scale: Y "=60' •:z THIS EXHIBIT HAS BEEN C0MPILE0 FROM RECORDED DATA AND IS NOT BASED UPON A FIELD SURVEY BASIS OF BEARINGS NORTH LINE OF NORTHWEST 1/4 SECTION 24, SHOWN ON RECORD OF SURVEY, FILED IN BOOK 7 OF SURVEYS AT PAGE 308 AS N87024'00"E 11-11-2014 HARNEY LANE GRADE SEPARATION RIGHT-OF-WAY EASEMENT PREPARED IN THE OFFICE OF: .. BAUMBACH & PIAllA. INC. CIVIL ENGINEERS 323 WEST ELM STREET LODI, CALIFORNIA 95240 C) o� oGo �p LA 0 o�0 I 0�� � I C) � N 00 e � CO MAGGIO cn- t CIR o .- u ---- HARNEY LANE SITE- a u Vicinity Map Wo' Scale Ajorlo1w '�"U8'00"W 20.441 ACRES....-. 1 92,03' \19,1461 SQ FT/ o TRUE POINT •'f' OF BEGINNING S S. P. R. R. i� 0.421 ACRES 18,512 SQ FT> C. P. R. C. °' POINT OF C '-' COMMENCEMENT C C rlUl 13 ��crloN 24 6gCrbN l-d9,5crJON 23 HUTCHINS STREET T. 3N., f?. 6,5 iYI D.l �tyl }:i' Scale: Y "=60' •:z THIS EXHIBIT HAS BEEN C0MPILE0 FROM RECORDED DATA AND IS NOT BASED UPON A FIELD SURVEY BASIS OF BEARINGS NORTH LINE OF NORTHWEST 1/4 SECTION 24, SHOWN ON RECORD OF SURVEY, FILED IN BOOK 7 OF SURVEYS AT PAGE 308 AS N87024'00"E 11-11-2014 HARNEY LANE GRADE SEPARATION RIGHT-OF-WAY EASEMENT PREPARED IN THE OFFICE OF: .. BAUMBACH & PIAllA. INC. CIVIL ENGINEERS 323 WEST ELM STREET LODI, CALIFORNIA 95240 EXHIBIT G To Public Highway Overpass Crossing Agreement Cover Sheet for the Cost Estimate of the Theoretical Share to Eliminate Existing Crossing DEC -1780609-2 MTCo Harney Lane/UPRR Overhead Project City of Lodi UPRR COST SHARE ESTIMATE (2 -Lane Grade Separation) City Project Number: D-157 *Prorated from 4 -Lane Estimate File: SA -13103 18 -Jul -14 Item No. Item Description Unit quantity Item Price Total 1. PRE CONSTRUCTION Progress Schedule (Critical Path Method) Prepare Storm Water Pollution Prevention Plan 1 LS 1 $5,000 $5,000 2 LS 1 $10,000 $10,000 3 Mobilization LS 1 $650,000 $650,000 SUBTOTAL $665,000 2. TRAFFIC CONTROL, WATER POLLUTION CONTROL, AND DEMOLITION 4 Temporary Water Pollution Control LS 1 $200,000 $200,000 5 Construction Site Management* LS 1 $25,000 $25,000 6 Construction Area Signs* LS 1 $15,000 $15,000 7 Street Sweeping* LS 1 $5,000 $5,000 8 Concrete Washout* LS 1 $8,000 $8,000 9 Clearing and Grubbing* LS 1 $40,000 $40,000 10 Temporary MSE Wall SF 25,500 $15 $382,500 11 Remove Culvert LF 650 $20 $13,000 12 Remove Drainage Inlet EA 5 $750 $3,750 13 Relocate Fire Hydrant 14 Remove Base and Surfacing 15 Adjust Manhole to Grade 16 Adjust Utility Cover to GradeEA 17 Remove Tree EA 1 $2,500 $2,500 CY 130 $16 $2,080 $2,500 $9,000 $140,000 $848,330 EA 1 $2,500 18 EA 140$1,000 $500 SUBTOTAL 3. ROADWAY AND DRAINAGE IMPROVEMENTS 18 Roadway Excavation CY 3,070 $20 $61,400 19 Imported Borrow CY 110,000 $18 $1,980,000 20 Aggregate Base (Class 2) CY 8,520 $35 $90 $298,200 21 Hot Mix Asphalt (Type A) TN 4,920 $442,800 22 Relocate Roadside Sign EA 7 $200 $1,400 23 Roadside Sign - One Post EA 7 $200 $1,400 24 Furnish Single Sheet Aluminum Sign (0.063" - Unframed) SF 50 $12 $600 25 Install Sign (Strap And Saddle Bracket Method) EA 18 $100 $1,800 26 10" Plastic Pipe (DR14) (Water Line) LF 260 $50 $13,000 27 12" Plastic Pipe LF 650 $45 $29,250 Page 1 of 3 Item No. Item Description Unit Quantity Item Price Total 28 18" Plastic Pipe 6" Gate Valve 4" Blow -off Valve 12" Reinforced Concrete Pipe LF 1,530 $60 $91,800 29 EA 1 $1,500 $1,500 30 31 EA 1 $1,000 $1,000 LF 140 $80 $11,200 32 18" Reinforced Concrete Pipe LF 80 $90 $7,200 33 12" Concrete Flared End Section 18" Concrete Flared End Section EA 4 $500$2,000 $3,000 34 EA 4 $750 35 Drainage Inlet - Type GO EA 17 $2,500 $42,500 36 Drainage Inlet - Type G1 EA 1 1 $2,500 _ $2,500 $2,500 37 Fire Hydrant EA $2,500 38 i48" Manhole (Std Plan 301) EA 9 $5,000 $45,000 39 Rock Slope Protection (Facing, Method B) LS 1 $3,000 $3,000 40 Rock Slope Protection Fabric LS 1 $500 $500 41 Minor Concrete (Backfill) CY 12 $80 $960 42 43 Minor Concrete - Median Curb Type "4" LF LF 3,650 $18 $65,700 Minor Concrete - Vertical Curb & Gutter (Std Plan 112) 1 4,720 $25 $118,000 44 Minor Concrete - Concrete Sidewalk SF 10,500 $4 $42,000 45 Minor Concrete - Commercial Driveway (Std Plan 114) SF 2,100 $15 $31,500 46 Minor Concrete - Stamped Concrete SF 9,500 $10 $95,000 47 Minor Concrete (Curb Ramp) EA 6 $2,000 $12,000 48 Pavement Reinforcing Fabric SY 4,100 $2 $8,200 49 Place Hot Mix Asphalt Dike (Type E) LF 250 $3 $750 50 Pipe Gate EA 3 $1,000 $3,000 51 Metal Beam Guard Rail LF 1,400 $20 $28,000 52 Chain Link Fence (Type CL -6) LF 2,160 $12 $25,920 53 Chain Link Gate EA 5 $2,500 $12,500 54 Object Marker (Type K-1) EA 2 $40 $80 55 Pedestrian Barricade EA 4 $1,000 $4,000 56 Thermoplastic Traffic Stripe LF 6,000 $1.00 $6,000 57 Thermoplastic Pavement Marking SF 500 $5 $2,500 SUBTOTAL $3,499,660 4. STRUCTURES ITEMS 58 Overhead Structure (Theoretical 2 -Lane Structure) SF 12,772 $170 $2,171,240 SUBTOTAL $2,171,240 6. PERMITTING & MITIGATION FEES 59 SJCOG Air Quality Permit LS 1 $20,000 $20,000 SUBTOTAL $20,000 Page 2 of 3 Item No. Item Description Unit quantity Item Price Total 7. RIGHT OF WAY AC UISITION 60 Partial Acquisition - Costa Property Partial Acquisition-Tsutsumi Property SF SF 58,463 $2 $116,926 61 84,721 $2 $169,442 62 Partial Acquisition - Varner Property SF 3,412 $3 $10,236 63 Partial Acquisition - Reynolds Property SF 0 $4 $0 SUBTOTAL $296,604 8. DESIGN COSTS 64 Consultant Costs LS 1 $950,000 $950,000 SUBTOTAL $950,000 Project Cost Total Railroad Share (5%) $8,450,834 $422,541.70 Page 3 of 3 LEGM THEOPETICAL,Z-LANE D OVERHEAD PROJECT ROW A0U.ISlTPON INCLUDED I N. COST SHARE ESTIMATE . MULBERRY Chi ._--SOUND 'rVAUL /-SOUND, WALL •� t i UPRR ROWS f [ PRR ROW + •� [ I REYNOLDS .._� !rj APN: 062-0410-026 a I --- M INTENANCE IIkrE�u+yCE. } f ROAD YA6 METAL HAY.- .._� -- r ,••irk 1" ;� �:�� r �1r --- fr .! / METAL HAY.- F GyRR7RAIC BEGIN PgO IECT ! MAINTENANCE r�OApfI i U F&L COSTA FAMILY LP - - APN: 058-Q1S0-047 I [ UPRR ROW 150' [ 100' [ ! 50' I RIR ROW t 'HL" LINE ROW BOW VAR VAR ROW VAR 7.5'. 6 12 _t4'12 -fi� 12' B VAR J III l l l MBGR 1 MED IAK� __.. ________________ -.. _-- __.. ROADWAY SECTION MAGGIO CIR ROAD (NOT INCLUDED) VALLEY IRON WORKS APN: 062-0410-025-. •MAINTENANCE ROAO TS=L;.Ml APN; 658.0130-024 VARNER PN -05e -GIN f PROJECT O O m uj 1. AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept. - Budget Division 3. FROM: I Rebecca Areida-Yadav 15. DATE: 2/17/2015 4. DEPARTMENT/DIVISION: Public Works 6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. 314 32205 Fund Balance $ 89.600.00 SOURCE OF FINANCING B 314 3149900077020 Caoital Proiects $ 89,600.00 USE OF FINANCING 7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment. If you need more space, use an additional sheet and attach to this form. Easement Deed with Union Pacific Railroad Company related to the Harney Lane Grade Separation project. If Council has authorized the appropriation adjustment, complete the following: Meeting Date: Res No: (I Attach copy of resolution to this form. Department Head Signature: 8. APPROVAL SIGNATURES Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation Final approval will be provided in electronic copy format. RESOLUTION NO. 2015-26 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PUBLIC HIGHWAY OVERPASS CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR HARNEY LANE GRADE SEPARATION RIGHT-OF-WAY ACQUISTION AND FURTHER APPROPRIATING FUNDS WHEREAS, the Harney LanelUnion Pacific Railroad (UPRR) Grade Separation is an overpass bridge structure being developed as part of the City's future plan to widen Harney Lane from two lanes to four lanes between the western limits at Lower Sacramento Road to the State Route 99 interchange; and WHEREAS, the Public Highway Overpass Crossing Agreement addresses the following elements of the Grade Separation Project: Grant of an easement by UPRR to the City and payment by the City to UPRR, in the amount of $89,600, for the easement. 2. UPRR share of the project construction cost and reimbursement to the City up to $422,541.70. 3. Grant of access by UPRR to its property to the construction contractor and others. 4. Contractor's obligation to pay for work performed by UPRR during construction estimated to be $243,100. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Public Highway Overpass Crossing Agreement with Union Pacific Railroad Company; and BE IT FURTHER RESOLVED that funds in the amount of $89,600 be appropriated from the Regional Transportation Fees for this project. Dated: March 4, 2015 I hereby certify that Resolution No. 2015-26 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 4, 2015 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 4J19NIFER M. FERRAIOLO City Clerk 2015-26