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HomeMy Public PortalAbout07%20-%20Construction%20Maintenance%20Agreement%20UPRR%20Caltrans%20Truckee State Agreement No. 038152 UPRR Folder No.2857-17 CONSTRUCTION & MAINTENANCE AGREEMENT AMONG UNION PACIFIC RAILROAD COMPANY THE TOWN OF TRUCKEE AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION COVERING THE CONSTRUCTION, MAINTENANCE AND USE OF THE NEW MOUSEHOLE PEDESTRIAN UNDERCROSSING (DOT NO. 440848C) AT RAILROAD MILE POST 204.65 ROSEVILLE SUBDIVISION AT TOWN OF TRUCKEE, NEVADA COUNTY, CALIFORNIA fe*'-ffeer MWw's ! DEC-1775037-i State Agreement No. 03R152 UPRR Folder No.2857-17 03-NEV-89-PM 0.10(EA 03-IC0801) SR 89 Pedestrian Undercrossing Railroad Milepost 204.65 Roseville Subdivision PUC No. 001A-204.65-13 DOT No.440848C LAT 39.31781 LONG-120.205 7 CONSTRUCTION AND MAINTENANCE AGREEMENT (SR 89 PEDESTRIAN AND BICYCLE UNDERCROSSING) This Agreement ("Agreement"), entered into effective this day of , 2014 ("Effective Date"), is between the TOWN OF TRUCKEE,a body politic and a municipal corporation of the State of California,referred to herein as "Town," UNION PACIFIC RAILROAD COMPANY, a corporation of the State of Delaware,referred to herein as"Railroad," and STATE OF CALIFORNIA, acting by and through its DEPARTMENT OF TRANSPORTATION, referred to herein as"State." Town, Railroad, and State may be individually referred to herein as a "Party," and collectively as "Parties." RECITALS: A. Town desires to construct a pedestrian and bicycle undercrossing tunnel (the "Pedestrian Undercrossing") adjacent to State Route 89 (SR89) that will traverse underneath Railroad's tracks and property at Railroad Mile Post 204.65, CPUC Crossing# 001 A-204.65-13, US DOT Crossing 4440848C, on Railroad's Roseville Subdivision in the Town of Truckee, Nevada County, California, as shown on the Railroad Location Print, attached hereto as Exhibit A. The Pedestrian Undercrossing is part of a larger project to construct a multi-use path ("MUP") for non-motorized use along the east side of SR89 (collectively,the "Project"). B. As part of the Project, the proposed Pedestrian Undercrossing will be constructed as a permitted encroachment within State's right of way by Town and will consist of a cast-in-place reinforced concrete box culvert("RCB"), twelve feet wide by thirteen feet high, which will span approximately 120 feet total underneath Railroad's tracks on Railroad property, as shown on Exhibit B attached hereto, and is necessary to provide a safe pedestrian and bicycle crossing of Railroad's tracks. Electric lighting for the Pedestrian Undercrossing will be installed for needed visibility and public safety. C. Town is sponsor of the Project and is responsible for all Project expenses, including expenses related to the Pedestrian Undercrossing. Town and State shall enter into a Cooperative Agreement and a Freeway Maintenance contemporaneously with the execution of this Agreement to define the roles and responsibilities of State and Town for the Project construction and maintenance. 2 DEC-1775037-3 State Agreement No. 03R152 UPRR Folder No. 2857-17 D. Upon completion of the Pedestrian Undercrossing, Town and State, at their expense, will maintain and operate the Pedestrian Undercrossing. E. In order to facilitate the Project, Town desires an easement for State from Railroad to accommodate the Pedestrian Undercrossing, as described below in Section 1, under, along and across Parcel 36288 as described in the legal description set forth in the attached Exhibit C-1 and shown on the print attached as Exhibit C-2(the "Easement Parcel"). F. List of exhibits. The following attached exhibits are hereby made a part of this Agreement: Exhibit A Railroad Location Print Exhibit B Structure's general type,size and profile Exhibit C-1 Legal Description—Easement Parcel Exhibit C-2 Print showing Easement Parcel Exhibit C-3 Form of Easement Deed Exhibit D Summary Estimate Sheet of Estimated Railroad Costs Exhibit E Railroad Relations and Insurance Requirements Exhibit F Railroad's Minirnurn Requirements Exhibit G Town's Right of Entry Agreement G. During the Project construction phase, including without limitation, construction of the Pedestrian Undercrossing, State shall perform Project oversight and all acts necessary to finalize acceptance of a completed construction contract for the Project. H. The Parties desire to set forth their understanding and agreement relating to the Easement Parcel and the Construction,use, maintenance, and repair of the Pedestrian Undercrossing. AGREEMENT: Section 1. CONSIDERATION TO BE PAID BY TOWN TO RAILROAD For good and Valuable consideration in the total sum amount of THIRTY-EIGHT THOUSAND FOUR HUNDRED AND FORTY DOLLARS ($38,440.80), to be paid by Town to Railroad upon the execution of this Agreement, Railroad and State shall execute a permanent easement in the form set forth in the attached Exhibit C-3 ("Easement Deed"), whereby Railroad grants to State a non-exclusive easement under, along and across the Easement Parcel necessary to accommodate the Pedestrian Undercrossing. Any and all permits or agreements whereby State grants Town rights to perform Pedestrian Undercrossing work on the Easement Parcel shall be expressly subject to the terms and conditions of the Easement Deed. 3 DUC-1775037-3 State Agreement No. 038152 UPRR Folder No.2857-17 Section 2. WORK TO BE PERFORMED IiY RAILROAD Railroad, as a Project cost in connection with the Pedestrian Undercrossing and at no cost to Railroad, shall perform design and engineering review, inspection(s), and flagging protection as deemed necessary by Railroad. Railroad's estimated costs for performing such work are set forth in Railroad's Summary Estimate Sheet,attached hereto as Exhibit D. Section 3. BILLINGG SENT BY RAILROAD TO THE TOWN; TOWN'S PAYMENT OF RAILROAD BILLS A. Railroad shall send progressive billing to Town and final billing to Town within one hundred eighty (180) days after receiving written notice from Town that all Project work affecting Railroad's property has been completed. B. Town agrees to pay Railroad for all actual costs incurred by Railroad in connection with the Project including, but not limited to, all actual costs of preliminary engineering review, construction, inspection, procurement of materials, equipment rental, manpower and deliveries to the job site, flagging and all direct and indirect overhead labor/construction costs. Town recognizes that it can elect under 23 CFR 140.407 to reimburse Railroad for all direct and indirect overhead labor/construction costs (using Railroad's standard additive rates)and agrees to do so. C. Town agrees to pay Railroad for billings received from Railroad within forty-five (45) days of the Town's receipt of billing from Railroad. Section 4. RAILROAD NOT TO BEAR ANY SHARE OF PROJECT COSTS Town confirms that Railroad shall not be required to bear any cost in connection with the Project, including without limitation,the Pedestrian Undercrossing, nor be required to contribute any funds for the Project in accordance with 23 CFR 646.210(b)(2), and/or any other applicable provision of law. In addition, Town confirms that Railroad shall not be required to Dear any cost in connection with any extension of the length of the RCB to accommodate future embankment modifications or expansion. Future track widening configuration is not known at this time, as such, the new flared portal walls have been designed to allow RCB to be extended easily to length required to allow future embankment modification or expansion. In the event the Railroad desires to modify or expand the embankment, or track configuration associated therewith, the Railroad will provide Town six months advance notice to extend the length of the RCB, at the Town's sole cost and expense. Section 5. WORK PERFORMED BY THE TOWN Town,as a Project expense and at no cost to Railroad, shall perform all Project work(which shall include the 'Pedestrian Undercrossing work) including, without limitation, drainage and other applicable work, all of which shall be performed in compliance with the Plans and Railroad's Minimum Requirements described and defined in Section 6 and Exhibit F, respectively, and in a good and workmanlike manner and prosecuted diligently to conclusion. 4 DEC-1775037-3 State Agreement No. ©3R 152 UPRR Folder No.2.857-17 Section 6. PLANS A. Town, at Town's expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Pedestrian Undercrossing and submit such plans and specifications to Railroad's Assistant Vice President Engineering-Design,or his authorized representative, for review and approval. The plans and specifications shall include all appurtenances, associated drainage, shoring, sheeting and excavations for bents and/or abutments next to or adjacent to Railroad's tracks. B. The final project plans, once approved in writing by Railroad without conditions, 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 he made unless Railroad has consented to such changes in writing. D. Railroad's review and approval of the Plans will in no way relieve State and/or Town from its responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by State and/or Town on the Plans is at their own risk. Section 7. MAINTENANCE AND REPAIR OF PEDESTRIAN UNDERCROSSING A. State and Town, at their sole expense, shall collectively maintain, repair and renew, or cause to be maintained, repaired and renewed, Pedestrian Undercrossing and related structures, including the RCB and the MUP (collectively, the "Structures"), without limitation, all graffiti removal or overpainting involving the Structures, in a safe, clean, sturdy and sound condition as herein described under this Section 7. If any inspection, maintenance, repairs, reconstruction or replacement of the Structures require State and/or Town or its Contractor(as defined in Section 1 1) to enter upon and use any portion of Railroad property, or if such work could jeopardize the safety of Railroad personnel and equipment in the vicinity of the Structures, the State and/or Town,to the extent performing or causing its Contractor to perform such work, shall execute Railroad's then-current form of Right of Entry Agreement prior to commencing any such work. if the Town's or State's Contractor is to perform such work, such Contractor must provide to Railroad the Contractor's Endorsement, insurance policies, binders, certificates and endorsements that are required in the then-current Right of Entry Agreement prior to commencing any such work. Because State and Town are self-insured, if State or Town is to perform such work, State or Town agrees to defend, indemnify and hold harmless Railroad for any damages pursuant to California Government Code section 14662.5 and/or any other applicable law. State and Town do not agree to insure Railroad against Railroad's sole negligence or willful misconduct. State and Town,or its successors and assigns,shall also pay Railroad for its use of any Railroad property for which it does not at such time already hold easement or other access rights,and for all flagging costs. B. State and Town shall execute a separate maintenance agreement allocating responsibility consistent with this Section 7 of the ongoing maintenance and repair of the Structures following construction. Such maintenance agreement shall be expressly subject to the terms and conditions of the Easement Deed with respect to the Easement Parcel. 5 DEC-1775037-3 State Agreement No. 03R152 UPRR Folder No.2857-17 C. Town must obtain the necessary Encroachment Permits from State's District 3 Encroachment Permit Office prior to entering State right of way to perform Town maintenance responsibilities if Town requires the use of contracted services. This permit will be issued at no cost to Town. Maintenance performed by Town-owned equipment and Town labor does not require an encroachment permit. D. State shall be responsible for the operation, maintenance, repairs, and-replacement of all proposed electrical devices within the State right of way including the pedestrian path lighting and tunnel lighting. E. Town will maintain, at Town's expense, a safe facility for pedestrian and bicycle travel through the Pedestrian Undercrossing and along the entire length of the path by providing concrete repair or replacement to provide acceptable walking and riding surfaces; snow removal (at frequency determined by Town);sweeping,graffiti,and debris removal when necessary; and all signing and striping and pavement markings required for the direction and operation of such non-motorized facility. F. Town shall be responsible for maintenance of the retaining wall railings of the Pedestrian Undercrossing. G. State shall be responsible for inspecting the retaining walls, railings, and tunnel structure of the Pedestrian Undercrossing as a part of its existing structure inspection program. H. The cost of any repair to the Structures shall be shared equally between Town and State. 1. Notwithstanding any other provision of this Agreement, once the RCB is installed on the Easement Parcel, Town shall be solely responsible for controlling access to the Pedestrian Undercrossing and shall be solely responsible for maintenance and security thereof before,during and after construction of the Pedestrian Undercrossing. The Town assumes all risk of damage to the RCB and structural adequacy thereof and of claims for injury or property damage or otherwise by persons using the Pedestrian Undercrossing and/or the MUP, and State and Town agree to defend, indemnify and hold harmless Railroad for any such damages or claims pursuant to California Government Code section 14662.5,and/or any other applicable law. Section 8. NON-RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocating, replacing. removing, and abandoning in place all non-railroad facilities ("NR Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wire lines, communication lines and fences is required under Section 6. The NR 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 NR Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action in connection with any NR Facilities affected by the Project, regardless of whether the submitted NR Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit NR Facilities to be abandoned in place or relocated on Railroad's property. 6 DEC-t 775037-3 State Agreement No. 038152 UPRR Folder No.2857-17 B. Upon Railroad's approval of submitted NR Facilities plans and specifications, Railroad will attempt to incorporate thein into separate new agreements or amendments of existing agreements with NR 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 NR Facilities. NR Facilities work shall not commence before an amendment or new agreement has been fully executed by Railroad and the NR Facilities owner or operator or before the Parties mutually agree in writing to (i) deem the approved NR Facilities plans and specifications to be Plans pursuant to Section 513, (ii) deem the NR Facilities part of the Pedestrian Undercrossing, and (iii) amend this Agreement with terms and conditions covering the NR Facilities. Section 9. NO CLAIMS BY STATE AND TOWN Notwithstanding any other provisions of this Agreement, Town and State shall not make any claim against Railroad for any damages or other costs related to any and all work delays which arise in whole or in part from accommodating or performing railroad train operations, including, without limitation,train schedule changes,and/or increased railroad train operations by Railroad. Section 10. 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 for the Pedestrian Undercrossing and/or the Project, or are associated with the work to be performed by Railroad in connection therewith,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 State, Town, and the Federal Highway Administration for a period of three (3)years following the date of Railroad's last billing sent to Town. Section 11. RAILROAD'S SPECIAL PROVISIONS AND RAILROAD'S MINIMUM REQUIREMENTS In the event any of the work upon property of Railroad,as herein contemplated,will be advertised for bids by the Town and/or the State,the awarded contract shall include: A. "Railroad Relations and Insurance Requirements" marked Exhibit E and attached hereto; and B. "Railroad's"Minimum Requirements" marked Exhibit F and attached hereto. Railroad shall have the right to amend its individual Relations and Insurance Requirements and Minimum Requirements from time to time to confonn to its standard provisions. Section 12. DEFINITION OF CONTRACTOR For purposes of this Agreement, all references in this Agreement to "Contractor" shall mean the contractor or contractors hired by, or on behalf of, State or Town, and/or their successors and assigns, to perform any Pedestrian Undercrossing 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 7 DEC-1773037-3 State Agreement No.038152 UPRR Folder No.2857-17 and agents, and others acting under its or their authority. State and Town shall ensure all Contractor's full compliance with all terms and conditions of this Agreement. Nothing in this section is intended to create rights in third parties or third party beneficiaries. Section 13. FEDERAL AID POLICY GUIDE The current rules, regulations and provisions of the Federal Aid Policy Guide, as contained in 23 CFR 140,subpart I and 23 CFR 646,subparts A and B are incorporated into this Agreement by reference. Section 14. RESTRICTIONS ON COMMENCEMENT OF PROJECT WORK A. State, Town, or any Contractor shall not commence any Pedestrian Undercrossing work on Railroad property until: (i) State has granted Town an encroachment permit granting Town access to State's right of way and the Easement Parcel to perform the Pedestrian Undercrossing work, which encroachment permit shall be expressly subject to the terms and conditions of the Easement Deed with respect to the Easement Parcel. (ii) Town has obtained all necessary governmental permits, zoning clearances and approvals including, without limitation,those from the California Public Utilities Commission. (iii)Town has received written approval of the Plans from the Railroad as provided in Section 6. (iv)Railroad and Town have executed the Right of Entry Agreement in the form attached hereto as Exhibit G,the terms and conditions of which are hereby made a part hereof. (v) Each Contractor hired by Town has executed the Contractor's Endorsement that is part of the Right of Entry Agreement. (vi)Railroad has received the insurance policies, binders,certificates and/or endorsements set forth in the /tight of Entry Agreement. B. The insurance coverage set forth in the Right of Entry Agreement shall remain in full force and effect by each Contractor during the performance of said work upon and adjacent to Railroad's property and thereafter until the Contractor removes all tools, equipment and materials from Railroad's property and cleans up the premises to a presentable condition satisfactory to Railroad. C. Town and each Contractor shall give the advance notice described in the Right of Entry Agreement to Railroad's authorized representative before commencing any Pedestrian Undercrossing work on Railroad's property, and shall observe Railroad's rules and regulations with respect thereto. All work on Railroad's property shall be done at such times and in such manner so as not to interfere with or endanger the operations of Railroad. 8 DEC-1775037-3 State Agreement No. 03R152 UPRR Folder No.2857-17 Section 15. EFFECTIVE DATE; TERM; TERMINATION A. This Agreement is effective as of the date on which the Agreement is fully signed and executed by the authorized signatory for each Party. B. Railroad, if it so elects, may terminate this Agreement effective upon delivery of a written notice to Town and State in the event Town does not commence construction on Pedestrian Overcrossing on Railroad's property within eighteen (18) months from the Effective Date of this Agreement. C. If the Agreement is terminated as provided above, or for any other reason, Town shall pay to Railroad and State all actual costs and expenses incurred by Railroad and State in connection with the Project (including without limitation the Pedestrian Undcrcrossing) up to the date of termination, including without limitation, all actual costs incurred by Railroad and State in connection with reviewing final plans and specifications. If Railroad has executed and delivered the Easement Deed prior to termination of this Agreement, each of State and Town shall, within thirty (30) days of the date of such termination, deliver to Railroad a Quitclaim Deed quitclaiming to Railroad its respective interest in the Easement Parcel. Section 16. FUTURE PROJECTS In future projects after initial completion of the Structures, State and/or Town may, at their respective sole expense, alter or reconstruct the Structures, if necessary or desirable ("Future Projects"), provided, however, that neither State nor Town shall have right (A) to expand the dimensions of any of the Structures or (B) to erect falsework or other structures, temporary or permanent, or make any other use of the surface or subsurface of Railroad's right-of-way other than for inspection or maintenance of the Structures as originally constructed, without obtaining Railroad's prior written consent and the execution of a supplement to this Agreement, or the completion of a separate construction and maintenance agreement, providing, without limitation, for the submission and approval of plans and specifications For such Future Project as contemplated by Section 6 of this Agreement and for a then-current standard Right of Entry Agreement,Contractor's Endorsement, insurance policies, binders,certificates and endorsements as contemplated by Section 7 and Section 14 of this Agreement. Future Projects may require additional compensation to Railroad. Section 17. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Neither State nor Town shall assign or transfer this Agreement, unless compelled by law, without the prior written consent of Railroad, which consent shall not be unreasonably withheld. B. Subject to the provisions of Section 17A above, this Agreement shall inure to the benefit. of and be binding upon the successors and assigns of Railroad,State,and Town. Section 18. SPECIAL PROVISIONS PERTAINING TO TRANSPORTATION INVESTMENT GENERATING ECONOMIC RECOVERY FUNDS Town proposes to use Transportation Investment Generating Economic Recovery(TIGER)funds to construction the Project (including the Pedestrian Undercrossing). The Town agrees that it is 9 ©EC-1775437-3 State Agreement No.038152 UPRR holder No.2857-17 responsible for performing and completing all TIGER reporting documents for the Pedestrian Undercrossing. Town confirms and acknowledges that (A) the TIGER reporting requirements are the responsibility of Town and not of Railroad and (B) the Town shall not delegate any TIGER reporting responsibilities to Railroad. Town also confirms and acknowledges that (i) Railroad shall provide to Town Railroad's standard and customary billing for expenses incurred by Railroad for the Pedestrian Undercrossing including Railroad's standard and customary documentation to support such billing and(ii) such standard and customary billing and documentation from Railroad provides the information needed by Town to perform and complete the TIGER reporting documents. Railroad confirms that the Town, State and the Federal Highway Administration shalt have the right to audit Railroad's billing and documentation for the Pedestrian Undercrossing and/or Project as provided in the Federal Aid Policy Guide. Section 19. BUY AMERICA Railroad acknowledges that this Agreement is for a federal-aid project and Railroad shall comply with the Buy America provisions set forth in U.S.C. Section 313 and CFR 635.40, in the procurement and use of steel and iron product in the United States,subject to the conditions therein set forth. Section 20. ENTIRE AGREEMENT;-AMENDMENTS This Agreement, together with the exhibits hereto, collectively contain the final and complete agreement of Railroad, State, and Town, and supersede any prior written or oral agreements between them, if any, concerning the subject matter of this Agreement. This Agreement may not be amended except by a writing signed by Railroad, State,and the Town. Section 21. GOVERNING LAW Any action to interpret or enforce this Agreement shall be governed by the State of California, without regard to choice of law principals. Section 22. PRE-CONSTRUCTION MEETING Town agrees to provide a three-week advance notice to Railroad to attend the Pedestrian Undercrossing pre-construction meeting. Section 23. DEFERRED SEASONING Town acknowledges that conditions inherent in the construction and installation of the Structures may delay the complete stabilization of such structure and of Railroad's trackage including, without limitation, new embankment, cuts or fills beyond the construction and installation period. Railroad's operation over such areas during this seasoning period may impose extraordinary maintenance costs in the event of caving,sliding, slipping, sinking or settling, including, without limitation, damage to rip-rapping or protective work in connection therewith, as well as settlement and consolidation of tracks and ballast, until such seasoning period is complete. Therefore, Town agrees that it shall be responsible to Railroad for all that part of the cost and expense of extraordinary maintenance associated with the Pedestrian Undercrossing which can be attributed to the partial or complete failure of subgrade and/or embankment, settlement, and consolidation of subballast, or roadbed, or any combination thereof ("Deferred Seasoning"), which is incurred during the period commencing immediately following completion of the 10 DEC-1775037-3 State Agreement No. 038152 UPRR Folder No.2857-17 installation of the Structures and ending five(5)years thereafter(the "Seasoning Period"). Such Deferred Seasoning costs include reimbursement of the extra cost, in excess of normal maintenance costs, of maintaining embankments and subgrade and that portion of Railroad's tracks above subgrade in accordance with acceptable maintenance standards, and will include cost of maintaining proper alignment, proper surface and use of ballast and other materials. The work of such Deferred Seasoning repair shall normally be performed by Railroad, either with its own forces or through a contractor employed by Railroad. IN WITNESS WHEREOF,the Parties have caused these presents to be executed in quadruplicate(4)as of the Effective Date,by their officers thereunto duly authorized. TOWN O TRUC E By To>041rook,Town Manager . r Attest: # Judy Pri ,Town er lk APPROYf,D AS TO FO . Andy Morris,'Town Attorney UNION PACIFIC RAILROAD COMPANY By - ,. . ao f DANIEL A.LEIS Title GENERAL DIRECTOR REAL.ESTATE 11 DEC-1775037-3 State Agreement No. 038152 UPRR Folder No.2857-17 [SIGNATURES CONTINUED FROM PREVIOUS PAGE] STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By lenWji Aamin D. Martin, Ed.D., Chief Office of Railroads and Utility Relocations Division of Right of Way and Land Surveys APPROVED AS TO FORM AND PROCEDURE: Attorney Department of Transportation APPROVAL RECOMMENDED By DENNY NG, P.E. Railroad Agree eats Engiar 12 DEC-1775037-3 State Agreement No.03R152 UPRR Folder No.2857-17 EXHIBIT A To Construction & Maintenance Agreement Cover Sheet for Railroad. Location Print 13 DEC-1775037-3 Iv EXHIBIT A E RAILROAD LOCATION PRINT r CONSTRUCTION AND MAINTENANCE OF A NEW SR-89 GRADE- SEPARATED PEDESTRIAN UNDERPASS/CONTRACTOR'S RIGHT OF ENTRY �1 .t D01:44)645C&"J14HOLE MIDor,1,y01L1g�kICSU!'s�flglr pkr] �}.U%C,1:M )1971 NWV 09UNKIIP4ss R IX'-t I-MI W HWY 091040P PASS n Construction and Maintenance Roseville: MP 204.65 ,qty` UNION PACIFIC RAILROAD COMPANY ROSEVILLE SUBDIVISION RAILROAD MILE POST 204.65 TRUCKEE,NEVADA COUNTY,CA To accompany an agreement with the CALIFORNIA DEPT.OF TRANSPORTATION and its CONTRACTORS Covering the construction of a new grade-separated pedestrian underpass at or near the existing SR-89 grade-separated crossing Roseville Sub.Mp 204.65(DOT 4408480) Folder No.2857-17 Date:June 10,201453182T 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: l-(8(14)336-9193 Exhibit A T. TV �,` 'F•3. r •�.r� ri .._,' •\� moi. ' a►r a` a 40SF Y f ���.., _ .. Te". !f F71 -e1 - •j: Ta i�} ties 'r �'Lr•+� n-:- IL .e.. {. - ,�,•'" } s RFs r•+• .� Y ! � T�r• � s..�'�r - [r .E '�r,y�f i'y�i�'rY i r�� .r` - •ih�f a i���p 1. *� ..f!u =_ � + ,=, ,ao� "'`.�ryY'I'ii�}�ff�"/��•' t4 �f J�"f't� �i .. _,�`"�'r�sa-rte . ..S� � ' rt #') r` r �`.�'K, •. t, �^_:,f � 3r:.-^ 3 _�:, e""" .. `�+ •iR'"-"C= ""°#e-'rax' Y .YirS. a b`"` .e.. ,.r+"" r'rr *- -4 ��(;• .4F„ 'r•.:'k'1.4i�; s� �::7'..i7'-'�..r•n..W... r z..ry � �r • Y •r t,,,. look ir. 41% � •�r..'�s.. r •r■ 1 �� •.r • i� f''. r �, �. IL lip 'moi r°•. �� ,.�� -•• ^ '° ���►- . , p. 29 NOTE: BEFORE Y0j BEGIN ANY WORK. SEE AGREEMENT FOR FIBER OPTIC PROVISIONS. EASEMENT AREA EXHIBIT "An . '-N PACIFIC RA.x�-.R: A� COMPANY UPRRC0.R/If OUTUNED _ TRUCK=-:E. NEVADA COUNTY. CA AREA 0.o46 ACHE, M•P. 2U4.64 " ROSEV I LLE SUES TO ACCOMPANY AGREEMENT WITH ALIFORNIA DCT MAP V-713/5-17C C:ADD SCA'_E: 1 100` !` _ F :LCNAI�L OFFICE OF REAL ESTATE OMAHA. NEBRASKA DATE: 3-11—•2014 SCAN CA11317C € .LENAVIL PSB FILE: 0285717 State Agreement No. 03R152 UPPLR Folder No.2857-17 EXHIBIT B To Construction & Maintenance Agreement Structure's General Type, Size, and Profile 16 DEC-3775037-3 State Agreement No. 03R152 UPRR Folder No.2857-17 cl 1 .,.._ � sn a In crW O ., x r . - F O =off a ± / dc F j p w 00".41 + y• `"Ain, IL I.- iiICyJE a r z G? in K J s J . e*� K � �� d 4 acr •� CC U6 W �p i ON t ~ yRSF� ' rM i ri `*r r W rx 0IL CZN ac n 4 V k= IL Eq T 4 . . r e C _zz �o:a�: 3c > x!t 3 1 �b ! °HRl.1Y A M►r.M�vxy:x4 r rq.°�r r�rrrN°�-r;� is�r iRar: vµxn rTrr•. 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Y wal is " a if ,fig F Fur -IMP, E �fR# 3 � ��d • i tz wag �tly pp YdK Yam � . z i 3 s C� -ff`t� II - �I ' � :i c w Y Yi f _ A; �EM � Y 16 V N T; 6.4 m 3 dx 18 DEC-1775037-3 State Agreement No. 03R152 UPRR Folder No,2857-17 P 41 la r # t " a tag 7 3 s, :zs � •� � ' Y 1 ,� �• a' � � � S k r'y C w �•' w. � � � ' 1 !f } e i EMS isT � a , gig Ci�Y'C �� LLAa r 1111 � 1 UGC-1775037-3 State Agreement No.03R152 UPRR Folder No.2857-17 -1viiinsna ZOOL * � Ei r •,�', it i iZL LE ul L� J 'j is I 0 4 4a d p 3t 11-H I AL— s r v� T Y•_ R + ` 4 rfgo S C Y4 Aie �d R ul- 5 My Y f, w• �aF � � 1 3 y y P ;� 20 DEG 1775037-3 State Agreement No. 03R152 UPRR Walder No.2857-17 ,ratioans XDQL w � w El ig I Mc S P ! • -Tfit X a La o � P s� = ■ 7 r y a . .._ aG ITT +fig 39 IL 3 # J CI a F Y If XF 21 DEC-1775037-3 State Agreement No.03R 152 UPRR Folder No.2857-17 Exhibit C-1 Legal Description Exhibit C-2 Print 5howina Pro ect Parcel Exhibit C-3 Form of Easement Deed To Construction & Maintenance Agreement 22 DEC-1775037-3 State Agreement No. 03 R 152 } A Sage Land Surveying, Inc. h IAND SURVEYING •aC;EOMATICN ENONFERINC 10049 Martis Valley Rd. ■ Uttit A■ Truckee,Ca 96161 • 530.550.8006 A k A Bate_ August 28,2012 IN. 11024 EXHIBIT A-1 (T.O.T.-HDR) LLGAL DESCRIPTIUNI UNION PACIFIC RAR-ROAD- PEDESTRIAN U;ti DERCROSSING EASEMENT TOWN OF TRUCKEE That portion lying within a strip of land 400 feet wide as granted by an Act of Congress approved July 01.1$62 and atttettdod July 02, 1W 4,May 07, 1866,July 03, 1966.March 03. 1869,to the Central Pacific Railroad Company(Union Pacific Railway Cotrytany Act,)situate within a portion of the Southewst Quarter of SSexthiii 16,Township 17 North,Range 16 East,Mount Diablo Meridiaat.Nevada County,("ulikrnia,nn>re particularly dmeribctl as follows: Conumn:ing at a[-inch by 6-inch concrete marturnew being the"FOUND C.KC.MON"referencing a point lying 112 feet left of Engineers Station 'C714+58,9614-C-as shown on the Map entitled"RECORD OF SURVEY 1''{]R F.H.K.INVESTMLN'r COMPANY-filed March 20, 1980 in 13en)k 7 of Surveys,at Plage 213 of Nevada County Rccoin;U,from which a 518"Rcbxr with a yellow blastic adp stamped"LS.34227,rnarking the:point of intersection of the N-S Centerline of,aid Section 16 with the wuthwestcrly Right of Way Lim of "HWY 80 III-NEV-W'as shown on said Record of Survey hears North 36D56'08"West 373.06 feet;thence from+paid paint of conumnectrent North 44"59'114"Est 192.14 feet:thence South 43"Ub'31"East 180.05 fexl to a plaint of imersection with the northe"ted) line of that particular parcel of lased described in "INDENTURE"to the Statc of Califomia by dct:d recorded December 12, 196Z in Book 327,at page fi%, Official Records of Nevada County.being-the TRUE POINT OF SEGINNING(TPOB)of this dc-w6ption; thence from,said TPOB South 43°00'51"Fast 31832 feet to a point on the southeasterly lime of said strip of land 400 feet wide;thence on said souttmwerly lime South 68*27*09"Wcst 20.42 feet to the most easterly coater of said"INDENTURE";thence on the northeasterly line of said"INDENTURE"the following two coursers and distamcs:(1)North 43°0[1'51"Wrst 207.11 feet wW(2)North 32°38'08"Wass 105.47 feet to the TPOB. The bearing and distances used in the nWvc+lescription are on the Califomia Coordinwc.System of NAD83(CA-HPGN-1991.35)Zane:2.Mull iply all distances used in the abovc dcx'r;ptktn by 1.00035869 to olmain ground level distance. �1Z) tj4ND ° +J I-Nepared by: !••1'else r � �.• �, ¢. Charles R.Sag-.]r. V : L.S. 5549Exp.UW3Wt3 • -oil. N.. OF cjj\S 23 Fjhibit Cl DEC-1775037-3 State Agreemerit No. 038152 UPRR Folder No. 2857-17 Sage Lend Surveying Inc. EXHIBIT. -2 PLAT TO ACCOMPANY LEGAL. DESCRIPTION FOR 10049 Mofti-, Vahey Rd. Urit A PEDESTRIAN UNDERCROSSLNG EASEMENT R Truckee, CA 961F1 UNION PACIFIC. RAILROAD TD STATE OF CALIFORNIA (5M) 550-5036 A PORTION DF THE SOUTHEAST QUARTER OF SECTION 15 TOWNSHIP 17 NORTH, RANGE 76 EAST. MDW DATE, 8-28-12 -'JN- 1.1Q'4CKEE NEVADA_ BEARINGS AND DISTAN::ES AR; DASZD ON T14E CALIFORNIA SCALE I'=10D° Cpp2DINATE SYSTEM CF NAD$3(r—A—HPGN-199135) ZONE 2. DISTANCES S;CWN ARE GRID. MULT_PLY VISTANGJF S BY IDD03WS9 TO OBTAIN GRr1UN:1 UIS`ANCLS. LAND N . 5549 Al i !Vi iZ' +T99 i 1 'TI8`W � PIIINT OF Ci]M+IENCD*WT 105.47' REFERENCE MONUMENT TO NEV EASEMENT "C2' 14+58-96 H.C. 11V LEFT t LINE i E 4W WtVE ORIGV4AL CENTRAL PACIFIC F S43*W51'L RAILROAD RIGHT OF WAY (MOW LIMON PACIFIC RA LROAD) i .SCJ 4' I EM RIGHT OF ENOLKVtS STATM 698+97.3 11F OUGINAL MAIM TRACK-CENTRAL PAC7M R.R. SGB'27'OVW LEGEND 4` TT111i P■i1T Tlr• KMNNW i ■ FT>4 47i'i PC I NT i ��F04M1Q'l/f`RC1fAR Y'IPL,A�.CAP L.R84F.2 '�,�,�� 6 24 bholbit Cm2 ❑EC-1775037-3 State Agreement No. 03R152 UPRR Folder No. 2857-17 NO FEE DOCUMENT Government Code §6103 & §27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA Department of Transportation 703 "B" Street Marysville, CA 95901 Space above this line For Recordees Use Only Highway Railroad Caltrans District County Route Mite Post Mile post parcel EASEMENT Number DEED 3 Nevada SR 89 R6076R 204.65 36288 UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, successor in interest to SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, and SOUTHERN PACIFIC COMPANY, a Delaware corporation successor by merger to CENTRAL PACIFIC RAILWAY COMPANY, a Utah corporation formerly CENTRAL PACIFIC RAILROAD COMPANY (hereinafter, "GRANTOR!'), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the STATE OF CALIFORNIA, Department of Transportation, a public agency ("GRANTEE")and its respective successors and assigns (collectively, "GRANTEE") (subject to the reservations, covenants, terms and conditions hereof), a non-exclusive easement (hereinafter "Easement") for the purpose of constructing, reconstructing, upgrading, replacing, removing, inspecting, maintaining, repairing and operating a pedestrian and bicycle undercrossing tunnel, only for use as a public crossing for State Route 89, along with all necessary supporting columns, footings and appurtenances thereon (hereinafter collectively, the "Structure") in the Town of Truckee, Nevada County, California, over, under, along, and across GRANTOR's railroad tracks and that certain portion of the real property, which is described in that certain legal description attached hereto and made a part hereof as Exhibit "A" and depicted on that certain print attached hereto and made a part hereof as Exhibit "B" (hereinafter the "Property"), at GRANTOR's railroad mile post number: 204.65; and GRANTEE's highway mile post number: NEV R60.76R, on GRANTOR's Property. This conveyance is made for the purpose of constructing, reconstructing, upgrading, replacing, removing, inspecting, maintaining, repairing and operating a pedestrian and bicycle undercrossing tunnel adjacent to the existing SR 89, and GRANTOR hereby releases and relinquishes to GRANTEE any and all rights of access directly to and from the Structure, from and to GRANTOR's property. GRANTOR acknowledges that the Easement and its use as a public crossing in accordance with this Easement Deed and the C& M Agreement (as defined below) are I State Agreement No. 038152 UPRR Folder No. 2857-17 compatible with railroad operations, within the meaning of California Code of Civil Procedure section 1240.510, so long as they do not impede railroad operations, create an undue safety risk, or interfere with GRANTOR's common carrier obligations as regulated by the Surface Transportation Board or by any successor agency. GRANTOR further grants to GRANTEE the non-exclusive right of ingress to and egress from the Property over, under, along, and across GRANTOR's other property, subject to advance notification and coordination with GRANTOR to ensure safety and the compatibility of GRANTOR's other property for such ingress and egress (which coordination by GRANTOR shall not be unreasonably withheld), and provided further that such right of ingress and egress shall be in accordance with the terms and provisions of the parties' separate Construction and Maintenance Agreement dated , 2014, and as thereafter amended by unanimous agreement, and known in GRANTOR's records as part of Real Estate Folder Number 2857-17 (the "C & M Agreement"). RESERVING unto GRANTOR, its successors and assigns, all rights in and to the Property, and all uses of the Property that are not inconsistent with. GRANTEE's use and enjoyment of the Easement, including, but not limited to the following: (1) All rights in and to airspace at an elevation higher than a plane parallel with, and thirty (30) feet above, the roadway surface of the Structure as originally constructed. (2) The right to construct, reconstruct, upgrade,place, replace, remove, inspect, maintain, repair, alter, renew, improve and operate pipelines, utility lines, track, railroad facilities and communication lines above, below and on the surface of the Property. Railroad reserves and shall have the exclusive right to grant such rights to third parties. Communication lines shall include, without limitation, transmission by conduit, fiber optics, cable, wire or other means of electricity, voice data, video, digitized information,or other materials or information. (3) All rights as may be required to investigate and remediate environmental contamination and hazards affecting the Property. (4) All oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatsoever name known that may be within the Property together with the perpetual right of drilling, mining, exploring and operating therefor and removing the same from the Property, including the right to whipstock or directionally drill and mine from lands other than the Property hereinbefore described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the Property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells, or mines, without, however, the right to drill, mine, explore and operate through the surface or the upper one hundred (100) feet of the subsurface of the Property or otherwise in such manner as to endanger the safety of any Structure that may be constructed on the Property. 2 State Agreement No. 03R152 UPRR Folder No. 2857-17 This Easement is SUBJECT and SUBORDINATE to the following: (1) The terms and conditions of the C &M Agreement. (2) All prior and outstanding licenses, leases, easements, restrictions, conditions, covenants, liens and claims of title which may affect the Property, whether recorded or both unrecorded and known by Grantor, including, but not limited to, all easements for petroleum and/or hydrocarbon pipelines (including, but not limited to, those owned by SFPP, L.P., and/or its successors or assigns), and easements and licenses for telephone, electric and fiber optic lines (collectively "Prior Rights"), and, if applicable, further subject to the provisions in Exhibit "C", attached hereto and hereby made a part hereof. The word "grant" as used in this Easement shall not be construed as a covenant against the existence of any Prier Rights affecting the Property, (3) The continuing right and obligation of GRANTOR, its successors and assigns, to use the Property in the performance of its duties as a common carrier, including, but not limited to, the right to construct, reconstruct, maintain and operate existing or any additional railroad tracks, facilities, and appurtenances thereto in, upon, over, along and across the Property in such manner as may be consistent with GRANTEE's use and enjoyment of the Easement herein granted;provided,further that in the event the Property is transferred to a non-transportation entity, such transferee's use of the Property shall be subject to the folloufing limitations and conditions: (a) No use may be made of the Property which would impair the full use and safety of the Structure, or would otherwise interfere with the free flow of traffic thereon or would unreasonably impair the maintenance thereof. (b) No use may be made of the Property for the manufacture or storage of flammable, volatile, explosive or corrosive substances and such substances shall not be brought onto said land except in such quantities as are normally required for the maintenance operations of occupants of said land and except as may be transported by rail or pipelines. Installation of any pipelines by a non-railroad or other non- transportation entity, or pipelines not otherwise subject to Federal and/or State regulations and safety standards, carrying volatile substances shall have the written approval of GRATNEE as to the safety and compatibility with the Easement and such discretion shall not be exercised in a capricious or arbitrary manner. The use of any such substances shall be in conformance with all applicable code requirements. (c) No hazardous or unreasonably objectionable smoke, fumes, vapors, dust or odors shall be permitted, which would adversely affect the use or maintenance of said Structure or the traveling public thereon. 3 State Agreement No. 03 R 152 UPRR Folder No. 2857-17 (d) No building of combustible construction shall hereafter be constructed on the Property. GRANTEE shall be given the opportunity to review and approve plans for any construction within the Property sixty (60) days prior to said construction. No buildings,no permanent structures, and no advertising displays, may be constructed neither within eight (8) feet of the undersides nor within fifteen (15) feet (measured horizontally) of the sides of the Structure without the express written approval of GRANTEE. GRANTEE shall have the discretion to determine whether such proposed construction will be inimical to or incompatible with the full enjoyment of the public rights in the Easement. or against the public interest, but such discretion shall not be exercised in a capricious or arbitrary manner. If the Easement, or any portion thereof, shall cease to be needed for public crossing purposes, then GRANTEE shall vacate such portion(s) of the Easement in accordance with any and all applicable State and Federal laws. In addition, GRANTEE, at GRANTEE's sole expense, shall demolish and remove the Structure in accordance with the then current standards of GRANTOR, including, but not limited to engineering, land use and railroad operating standards, and with the terms and provisions of the C & M Agreement. Consideration for this grant includes compensation for damages to the value of the remainder of GRANTOR's property, if any, caused by the existence of the Easement herein granted and/or by the construction or maintenance of the Structure. GRANTOR hereby waives any additional claim for such damages to the value of the remainder, if any. This waiver shall not apply to compensation for any physical damages to GRANTOR's remaining property, if any, caused by GRANTEE. 4 State Agreement No. 03RI 52 UPRR Folder No. 2857-17 In WITNESS WHEREOF, GRANTOR has caused its corporate name to be hereunder subscribed and its corporate seal to be affixed hereto, this day of 2014. Attest: UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, successor in interest to SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, and BEVERLY J. KUBAT Assistant Secretary SOUTHERN PACIFIC COMPANY, a Delaware corporation successor by merger to CENTRAL PACIFIC RAILWAY COMPANY, a Utah corporation formerly CENTRAL PACIFIC RAILROAD COMPANY By: DANIEL A. LEIS General Director-Real Estate 5 State Agreement No. 03R 152 UPRR Folder No. 2857-17 ACKNOWLEDGEMENT STATE OF NEBRASKA ) ss. COUNTY OF } On this day of , 2014, before me, a 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 Assistant Secretary, respectively, of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, successor in interest to SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, and SOUTHERN PACIFIC COMPANY, a Delaware corporation successor by merger to CENTRAL PACIFIC RAILWAY COMPANY, a Utah corporation formerly CENTRAL PACIFIC RAILROAD COMPANY, 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. (Seal) Notary Public 6 State Agreement No. 03 R 152 UPRR Folder No. 2857-17 THIS IS TO CERTIFY, that the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within Easement Deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 201 By: - Director of Transportation By: Attorney in Fact 7 State Agreement No. 03R 152 UPRR Folder No. 2857-17 Exhibit "A" TO EASEMENT DEED Legal Description of Property Ex.A DEC-1775034-2 A Sage Land Surveying, Inc. A LAND SURVEYING • GEOMATICS ENGINEERING A 10049 Martis Valley Rd. • Unit A • Truckee, Ca 96161 • 530.550.8006JA" Date: August 28,2012 JN. 11024 (T.O.T.-HDR) EXHIBIT "A" LEGAL DESCRIPTION UNION PACIFIC RAILROAD-PEDESTRIAN UNDERCRDSSING EASEMENT TOWN OF TRUCKEE That portion lying within a strip of land 400 feet wide as granted by an Act of Congress approved July 01, 1862 and amended July 02, 1864, May 07, 1865,July 03, 1866,March 03, 1869,to the Central Pacific Railroad Company (Union Pacific Railway Company Act,)situate within a portion of the Southeast Quarter of Section 16,Township 17 North, Range 16 East,Mount Diablo Meridian,Nevada County,California,more particularly described as follows: Commencing at a 6-inch by 6-inch concrete monument being the"FOUNT]C.H.C.MON"referencing a point lying 112 feet left of Engineers Station 'C2'14+58.96 B.C.as shown on the Map entitled"RECORD OF SURVEY FOR F.H.K.INVESTMENT COMPANY"filed March 20, 1980 in Book 7 of Surveys,at Page 213 of Nevada County Records, from which a 518"Rebar with a yellow plastic cap stamped"L.S.3422",marking the point of intersection of the N-S Centerline of said Section 16 with the southwesterly Right of Way Lute of "HWY 80 III-NEV-80"as shown on said Record of Survey bears North 36°56'08"West 393.06 feet;thence from said point of commencement North 46°59'09"East 192.14 feet;thence South 43°00'51"East 180.05 feet to a point of intersection with the northeasterly line of that particular parcel of land described in "INDENTURE"to the State of California by deed recorded December 12, 1962,in Book 327,at page 696, Official Records of Nevada County,being,the TRUE POINT OF BEGINNING(TPOB)of this description; thence from said TPOB South 43°40'51"East 318.32 feet to a point on the southeasterly line of said strip of land 400 feet wide;thence on said southeasterly line South 68°27'09"West 20.42 feet to the most easterly corner of said"INDENTURE";thence on the northeasterly line of said"INDENTURE"the following two courses and distances: (1) North 43°00'51"West 207.11 feet and(2)North 32°38'08"West 105.47 feet to the TPOB. The bearings and distances used in the above description are on the California Coordinate System of NAD83(CA-HPGN-1991.35)Zone 2.Multiply all distances used in the above description by 1.00035869 to obtain ground level distances. f J LA N D (/ Prepared by:__ c,. ••,......• fpG / .■ •.• Charles R.Sager Jr. iv C •yy: L.S. 5549 Exp.06/30/13 w . � V' • • .Z ,�• • ■ cr,; NJ. 5549•: �F OF"C A��kti Sage Nand Surveying Inc. EXHIBIT IIB" A PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR 10049 Martis Valley Rd. Unit A PEDESTRIAN UNDERCROSSING EASEMENT x Truckee, CA 96161 UNION PACIFIC RAILROAD TO STATE OF CALIFORNIA (530) sw-snas A PORTION OF THE SOUTHEAST QUARTER OF SECTION 16 TOWNSHIP 17 NORTH, RANGE 16 EAST, MDM DATE, 8-28-12 JN. 11024 TOWN OF TRUCKEE NEVADA COUNTY CALIMRNIA l BEARINGS AND DISTANCES ARE BASED ON THE CALIFORNIA SCALE 1"=1+001 i COORDINATE SYSTEM OF NAD83CCA-HPGN-1991.35) ZONE 2, DISTANCES SHOWN ARE GRID. MULTIPLY DISTANCES BY 1.00035869 TO 13BTAIN GROUND DISTANCES. LAA NLDi • 4 No. 5549 ;• CAL i i 2v ICUs }• Im �� r 10 c\7� LJ i V , 2°\\ ILLI T70H lACQUErFM 4992± SQ,FT ! C Q R.R, R/W 0.1146±AC. �- ' N32'3B'OSIW " PDIINT OF COMMENCEMENT 105.47' REFERENCE MONUMENT TO 'C2' 14+58.96 B.C., 11P' LEFT (r4,E` NEW EASEMENT 400' WIDE ORIGINAL CENTRAL PACIFIC 1 i RAILROAD RIGHT OF WAY 5r S43'00'51`Ea ' 318,32' � (NOW UNION PACIFIC RAILROAD � �O sf� �0 200' RIGHT OF ENGINEERS STATION 698+97.3 OF ORIGINAL MAIN TRACK-CENTRAL PACIFIC R.R. S68.27'09'W LEGEND • 20'42' l TPOB - TRUE POINT OF BEGINNING 4 = FOUND 6'X'6 CHC MONUMENT r= FOUND 5/8-REBAR W/PLAS.CAP L.S.3422 °\ l State Agreement No. 038152 UPRR Folder No. 2857-17 Exhibit "B" TO EASEMENT DEED Depiction of Property Ex. B DIV-1775039-7 fi Volk Walk r w ` r A � ♦ + + k err,'. +. ra �j. ��tt:_.� y.��- .,A - ..y..Y�%'' `r3• rpt•. _ k' '�` r'. frr'. .} '',e -T r'�r� u r g� '�'sF..sem `• r'-2�'r.'�'� 3� 4,?�•- _ - y 4 t �c � drr i�i►r . 'Ar, � a' `'Ap " i+St rs; u tat i 5 •' •a Fi '+,�4 f' nY + 1 1Y 4'y. yq .I' !'V 3 Ttf VL 'nY*', r w1 j }5 �.,y T► q. it '� L..•. y��.d� `. .+�+ , 1p71 4-f 5 ZR yrs mss` AM r&. *,� '�'b.Fexa'f f ,r, .Y `� t� $:�!C'�F.w{ t;� �..r p"x�` :P�. F .ti• « NN Oak y •{d'`i �r•'e. •111 i .Y:.• r• orf • �I a Ir � r 'fWY— A7, � �� • NOTE: BEFORE YOU BEGIN ANY WORK. SEE LEGIND+ AGREEMENT FOR FIBER OPTIC PROVISIONS- EXHIBIT "A„ EASEMENT AREA UNION PACIFIC RAILROAD COMPANY LIPRRCO.R/W OUTLINED ---------- TRUCKEE, NEVADA COUNTY. CA AREA = 0.1146 ACRES M.P. 204.64 ROSEV I LLE SUB TO ACCOMPANY AGREEMENT WITH CALIFORNIA DOT MAP V-113/S-17C CADD 0285717 SCALE: 1 " = 100' FILENAME OFFICE OF REAL ESTATE SCAN CA11317C OMAHA. NEBRASKA DATE: 3-11-2014 FILENAME PJB FILE: 0285717 State Agreement No. 03 R 152 UPRR Folder No. 2857-17 Exhibit "C" TO EASEMENT DEED Provisions of Prior Rights GRANTEE shall be responsible to GRANTOR and to SFPP, L.P., and/or its successors and assigns as the lawful holder of Prior Rights (as defined hereinbefore) for (1) damages caused by any interference with an existing facility maintained pursuant to such Prior Rights and, (2) when conducting excavation, installation or construction activities within ten (10) feet of such an existing facility, for the reasonable cost of any reasonably necessary protection measures taken by SFPP, L.P., and/or its successors and assigns, as a result of or arising out of GRANTEE's use of the easement granted herein (including, without limitation, inspection and monitoring of GRANTEE's activities). Notwithstanding anything to the contrary in the foregoing, GRANTEE shall not be responsible to SFPP, L.P., and/or its successors and assigns relating to initially locating its facility(ies). In addition, GRANTEE shall not be responsible to SFPP, L.P.,and/or its successors and assigns for costs otherwise relating to locating or potholing the holder's facility, or for the cost of protection measures (including, without limitation, inspection and monitoring of GRANTEE's activities), except where GRANTEE is conducting excavation, installation or construction activities within ten (10) feet of a facility owned by SFPP, L.P., and/or its successors and assigns. SFPP, L.P., and/or Its successors or assigns, shall be an express third- party beneficiary of this provision in any location where SFPP, L.P., and/or its successors or assigns, owns or operates pipeline facilities pursuant to Prior Rights that are subject to this provision and,accordingly, may enforce this provision directly against GRANTEE. Ex. C DEC-1775039-2 State Agreement No. 03R152 UPRR Folder No. 2857-17 EXHIBIT D To Construction & Maintenance Agreement Summary Estimate Sheet of Estimated Railroad Costs 32 DEC-1775037-3 State Agreement No. 038152 UPRR Folder No.2857-17 EXHIBIT D UNION PACIFIC RAILROAD COMPANY SUMMARY ESTIMATE SHEET Location: State Route 89 PM 0.10 Railroad Mile Past 204.54 U5 DOT Crossing No. 4408480 Railroad's Roseville Subdivision, Town of Truckee, Nevada County,California Project: Construct Pedestrian Undercrossing'I'mmel underneath Railroad Tracks Estimate: Flagging Time of Day of Daily Number Description of Work Day Week Cost Days Estimated Cost Installation of Ground Daytime Weekday $1,800 20 $35,000.00 Freezing Jack and Bore Daytime Weekday $1,800 45 $81,000.00 Operation Daytime Weekday/ $2,100 18 $37,800.00 Weekend Nighttime All $2.100 35 $73,500.00 Inspection All $1,500 35 $52,500.00 Removal of Soil Daytime Weekday $1,800 10 $18,000.00 Freezing Portal Construction Daytime Weekday $1.800 40 $72,000.00 and Backfill Misc Operations Daytime Weekday $1,800 10 $18,000.00 TOTAL: $ 388,800.00 Engineering Review& Inspection $ 25,000.00 10%Contingency $ 4.1,380.00 Total Estimate Cost $455,180.00* Note. *This is an estimate only. Railroad shall bill on an actual cost basis. 33 DEC-1775437-3 State Agreement No,03R152 UPRR Folder No, 2857-17 EXHIBIT E To Construction & Maintenance Agreement Railroad Relations and Insurance Requirements Qct~-1775037-3 1 State Agreement Na. 031152 UPRR Folder No. 2857-17 EXHIBIT "E" (to Project Construction Documents) RAILROAD RELATIONS AND INSURANCE REQUIREMENTS 13-1.01 GENERAL The term "Railroad" shall mean the Union Pacific Railroad Company. The term "Town" shall mean the Town of Truckee. It is expected that the Railroad will cooperate with the Contractor to the end that the work may be handled in an efficient manner. However, except for the additional compensation provided for hereinafter for delays in completion of specific unit of work to be performed by the Railroad, and except as provided in Public Contracts Code Section 7102, the Contractor shall have no claim for damages, extension of time, or extra compensation in the event his work is held up by railroad train operations or other work performed by the Railroad.. The Contractor must understand the Contractor's right to enter the Railroad's property is subject to the absolute right of the Railroad to cause the Contractor's work on the Railroad's property to cease if, in the opinion of the Railroad, the Contractor's activities create a hazard to the Railroad's property, employees, and operations. The Contractor acknowledges its receipt from the Town of a copy of the Contractor's Right of Entry Agreement that has been executed by the Railroad and the Town. The Contractor agrees to execute and deliver to the Railroad, State, and Town, the Contractor's Endorsement that is attached hereto as Appendix 1 and to provide to the Town and/or the Railroad all insurance policies, binders, certificates or endorsements that are set forth in Exhibit B and C of the Town Right of Entry Agreement. 13-1.02 RAILROAD REQUIREMENTS The Contractor shall provide to Ms. Peggy Ygbuhay, Railroad's Manager, Industry and Public Projects, 9451 Atkins Street, Roseville, CA 95747. Telephone (915) 789- 5152, and the Town's Resident Engineer ("Engineer'), in writing the advance notice requirements set forth in Section 1 of Exhibit B of the Town Right of Entry Agreement before performing any work on, or adjacent to the property or tracks of the Railroad. The Contractor shall cooperate with the Railroad where work is over or under the tracks, or within the limits of the Railroad property to expedite the work and avoid interference with the operation of railroad equipment. DEC-1775037-3 2 State Agreement No. 03R152 UPRR Folder No. 2857-17 The Contractor shall comply with the rules and regulations of the Railroad or the instructions of its representatives in relation to protecting the tracks and property of the Railroad and the traffic moving on such tracks, as well as the wires, signals and other property of the Railroad, its tenants or licensees, at and in the vicinity of the work during the period of construction. The responsibility of the Contractor for safe conduct and adequate policing and supervision of its work at the job site shall not be lessened or otherwise affected by the presence at the work site of the Railroad representatives, or by the Contractor's compliance with any requests or recommendations made by the Railroad representatives. The Contractor shall perform work so as not to endanger or interfere with the safe operation of the tracks and property of the Railroad and traffic moving on such tracks, as well as wires, signals and other property of the Railroad, its tenants or licensees, at or in the vicinity of the work. The Contractor shall take protective measures to keep the Railroad facilities, including track ballast, free of sand or debris resulting from his operations. Damage to the Railroad facilities resulting from the Contractor's operations will be repaired or replaced by the Railroad and the cost of such repairs or replacement shall be deducted from the Contractor's progress and final pay estimates. The Contractor shall contact the Railroad's "Call Before You Dig" at least forty-eight (48) hours prior to commencing work, at 1-800-336-9193 during normal business hours (7:00 a.m. to 9:00 p,m. Central Time, Monday through Friday, except holidays — also a 24-hour, 7-day number for emergency calls) to determine location of fiber optics. If a telecommunications system is buried anywhere on or near the Railroad property, the Contractor will coordinate 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 Contractor shall not pile or store any materials nor park any equipment closer than 25-0" to the centerline of the nearest track, unless directed by the Railroad's representative, The Contractor shall also abide by the following temporary clearances during the course of construction: • 12'-0" horizontally from centerline of track • 21'-6" vertically above top of rail The temporary vertical construction clearance above provided will not be permitted until authorized by the Public Utilities Commission. It is anticipated that authorization will be received not later than fifteen (15) days after the approval of the contract by the Attorney General. In the event authorization is not received by the time specified and, DF,C-1775037-' ' State Agreement No. 03R152 UPRR Folder No.2857-17 The Contractor shall comply with the rules and regulations of the Railroad or the instructions of its representatives in relation to protecting the tracks and property of the Railroad and the traffic moving on such tracks, as well as the wires, signals and other property of the Railroad, its tenants or licensees, at and in the vicinity of the work during the period of construction. The responsibility of the Contractor for safe conduct and adequate policing and supervision of its work at the job site shall not be lessened or otherwise affected by the presence at the work site of the Railroad representatives, or by the Contractor's compliance with any requests or recommendations made by the Railroad representatives. The Contractor shall perform work so as not to endanger or interfere with the safe operation of the tracks and property of the Railroad and traffic moving on such tracks, as well as wires, signals and other property of the Railroad, its tenants or licensees, at or in the vicinity of the work. The Contractor shall take protective measures to keep the Railroad facilities, including track ballast, free of sand or debris resulting from his operations. Damage to the Railroad facilities resulting from the Contractor's operations will be repaired or replaced by the Railroad and the cost of such repairs or replacement shall be deducted from the Contractor's progress and final pay estimates. The Contractor shall contact the Railroad's "Call Before You Dig" at least forty-eight (48) hours prior to commencing work, at 1-800-336-9193 during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays — also a 24-hour, 7-day number for emergency calls) to determine location of fiber optics. If a telecommunications system is buried anywhere on or near the Railroad property, the Contractor will coordinate 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 Contractor shall not pile or store any materials nor park any equipment closer than 25'-0" to the centerline of the nearest track, unless directed by the Railroad's representative. The Contractor shall also abide by the following temporary clearances during the course of construction: • 12'-0" horizontally from centerline of track ■ 21'-6" vertically above top of rail The temporary vertical construction clearance above provided will not be permitted until authorized by the Public Utilities Commission. It is anticipated that authorization will be received not later than fifteen (15) days after the approval of the contract by the Attorney General. In the event authorization is not received by the time specified, and, DEV-1775037-3 3 State Agreement No. 03R 152 UPRR Folder No.2857-17 if in the opinion of the Engineer, the Contractor's operations are delayed or interfered with by reason of authorization not being received by the said time, the Licensee will compensate the Contractor for such delay to the extent provided in Section 8-1 .07, " Delays," of the 2010 Standard Specifications and not otherwise. Walkways with railing shall be constructed by the Contractor over open excavation areas when in close proximity of tracks, and railings shall not be closer than 8'-6" horizontally from centerline of the nearest track, if tangent, or 9'-6" if curved. Infringement on the above temporary construction clearances by the Contractor's operations shall be submitted to the Railroad by the Engineer, and shall not be undertaken until approved by the Railroad, and until the Engineer has obtained any necessary authorization from any governmental body or bodies having jurisdiction there over. No extension of time or extra compensation will be allowed in the event the Contractor's work is delayed pending Railroad approval and governmental authorization. When the temporary vertical clearance is less than 22'-6" above top of rail, the Railroad shall have the option of installing telltales or other protective devices the Railroad deems necessary for protection of the Railroad trainmen or rail traffic. Four (4) sets of plans, in 211" x 17" format, and two (2) sets of calculations showing details of construction affecting the Railroad's tracks and property not included in the contract plans, including but not limited to shoring and falsework, shall be submitted to the Engineer for review prior to submittal to the Railroad for final approval. At Railroad's option, these plans and calculations may be submitted electronically via email or appropriate data disk be sent. Falsework shall comply with the Railroad guidelines. Demolition of existing structures shall comply with the Railroad guidelines. Shoring shall be designed in accordance with the Railroad's shoring requirement of Drawing No. 106613 and guidelines for shoring and falsework, latest edition, issued by the Railroad's Office of Chief Engineer. Shoring and falsework plans and calculations shall be prepared and signed by a professional engineer registered in California. This work shall not be undertaken until such time as the Railroad has given such approval, review by the Railroad may take up to six (6) weeks after receipt of necessary information. The Contractor shall notify the Engineer in writing, at least twenty-five (25) calendar days but not more than forty (40) days in advance of the starting date of installing temporary work with less than permanent clearance at each structure site. The Contractor shall not be permitted to proceed with work across railroad tracks until this requirement has been met. No extension of time or extra compensation will be allowed if the Contractor's work is delayed due to failure to comply with the requirements in this paragraph. Blasting will be permitted only when approved by the Railroad. DEC-1775037-3 4 State Agreement No, 03R`152 UPR 11 Folder No,2857-17 The Contractor shall, upon completion of the work covered by this Contract to be performed by the Contractor upon the premises or over or beneath the tracks of the Railroad, promptly remove from the premises of the Railroad, the Contractor's tools, implements and other materials, whether brought upon said premises and cause said premises to be left in a clean and presentable condition. Under track pipeline installations shall be constructed in accordance with the Railroad's current standards which may be obtained from the Railroad. The general guidelines are as follows: Edges of jacking or boring pit excavations shall be a minimum of 25 feet from the centerline of the nearest track. If the ,pipe to be installed under the track is 4 inches in diameter or less, the top of the pipe shall be at feast 42 inches below base of rail. If the pipe diameter is greater than 4 inches in diameter, it shall be encased and the top of the steel pipe casing shall be at least 66 inches below base of rail. Installation of pipe or conduit under the Railroad's tracks shall be done by dry bore and jack method. Hydraulic jacking or boring will not be permitted. Safety of personnel, property, rail operations and the public is of paramount importance. As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitation), the following special safety rules shall be followed: (a) The 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. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during the work performed on the job site. The Contractor shall have a non-delegable duty to control its employees while they are on the job site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee. DEC-1775037-3 State Agreement No. 03R152 UPRR Folder No.?$57-i 7 (b) The employees of the Contractor shall 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. Only waist length shirts with sleeves and trousers that cover the entire leg are to be worn. if flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. The employees should wear sturdy and protective work boots and at least the following protective equipment: (1) Protective head gear that meets American National Standard-289.1-latest revision. It is suggested that all hardhats be affixed with the Contractor's or the subcontractor's company logo or name, (2) Eye protection that meets American National Standard for occupational and educational eye and face protection, 287.1-latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc.; and (3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. (c) All heavy equipment provided or leased by the Contractor shall be equipped with audible back-up warning devices. If in the opinion of the Railroad Representative any of the Contractor's or the subcontractor's equipment is unsafe for use on the Railroad's right-of-way, the Contractor, at the request of the Railroad representative, shall remove such equipment from the Railroad's right-of-way. 13-1.03 PROTECTION OF RAILROAD FACILITIES Upon the advance notification provided to the Railroad as set forth in Section 1 of Exhibit A of the Contractor's Right of Entry Agreement, the Railroad representatives, conductors, flagmen or watchmen will be provided by the Railroad to protect its facilities, property and movements of its trains or engines. Notice shall be made to the Railroad's Roadmaster at Roseville, Catifornia. At the time of notification, the Contractor shall provide the Railroad with a schedule of dates that flagging services will be needed, as well as times, if outside normal working hours. Subsequent deviation from the schedule shall require ten (10) working days' advance notice from the first affected date. The Railroad will furnish such personnel or other protective devices: (a) When equipment is standing or being operated within 25 feet, measured horizontally, from centerline of any track on which trains may operate, or when any erection or construction activities are in progress within such limits, regardless of elevation above or below track. (b) For any excavation below elevation of track subgrade if, in the opinion of the Railroad's representative, track or other Railroad facilities may be subject to settlement or movement. U1:C-1775037-3 6 State Agreement No. 038152 UPRR Folder No. 2857-17 (c) During any clearing, grubbing, grading or blasting in proximity to the Railroad which, in the opinion of the Railroad's representative, may endanger the Railroad facilities or operations. (d) During any of the Contractor's operations when, in the opinion of the Railroad's representatives, the Railroad facilities, including, but not limited to, tracks, buildings, signals, wire lines or pipe lines, may be endangered. The cost of flagging and inspection provided by the Railroad during the period of constructing that portion of the project located on or near the Railroad property, as deemed necessary for the protection of the Railroad's facilities and trains, will be borne by the State. The Railroad has indicated that its estimated flagging rate will be around One Thousand Dollars ($1,300.00) per day and that the Railroad has estimated a total of one hundred (80) days of flagging. Town shall pay the Railroad for all actual flagging costs incurred by the Railroad under this Project. 13-1.04 WORD BY RAILROAD The following work by the Railroad will be performed by Railroad forces and is not a part of the work under this Contract. (a) The Railroad will perform preliminary engineering and inspection (if any) and flagging as specified in Section 13-1.03 "Protection of Railroad Facilities," of these special provisions. (b) Underground railroad communication line in vicinity of proposed Structure. (c) Remove advertising signboards and signboard appurtenances. (d) Temporary crossings at grade over tracks of Railroad for the purpose of hauling earth, rock, paving or other materials will not be permitted. If the Contractor, for the purpose of constructing highway-railway grade separation structures, including construction ramps thereto, desires to move equipment or materials across Railroad's tracks, the Contractor shall first obtain permission from Railroad via the State Engineer. Should Railroad approve the temporary crossing, State shall execute a Service Contract with Railroad for Railroad to construct the temporary crossing. Under the Service Contract, State shall bear the cost of the crossing surface, warning devices and other components that might be required. Notwithstanding State's Service Contract with Railroad, the Contractor is required to execute Railroad's form of Contractor's Haul Road Crossing Agreement. Railroad, at State's expense, s"-)all pr-1vide flagmer, tc o-frol movements of vehicle, across th— `,­, 1 DEC-17750~37 2 7 State Agreement No. 038152 UPRR Folder No. 2857-17 (c) During any clearing, grubbing, grading or blasting in proximity to the Railroad which, in the opinion of the Railroad's representative, may endanger the Railroad facilities or operations. (d) During any of the Contractor's operations when, in the opinion of the Railroad's representatives, the Railroad facilities, including, but not limited to, tracks, buildings, signals, wire lines or pipe lines, may be endangered. The cost of flagging and inspection provided by the Railroad during the period of constructing that portion of the project located on or near the Railroad property, as deemed necessary for the protection of the Railroad's facilities and trains, will be borne by the State. The Railroad has indicated that its estimated flagging rate will be around One Thousand Dollars ($1,300.00) per day and that the Railroad has estimated a total of one hundred (80) days of flagging. Town shall pay the Railroad for all actual flagging costs incurred by the Railroad under this Project- 13-1.04 WORK BY RAILROAD The following work by the Railroad will be performed by Railroad forces and is not a part of the work under this Contract. (a) The Railroad will perform preliminary engineering and inspection (if any) and flagging as specified in Section 13-1.013 "Protection of Railroad Facilities," of these special provisions. (b) Underground railroad communication line in vicinity of proposed Structure. (c) Remove advertising signboards and signboard appurtenances. (d) Temporary crossings at grade over tracks of Railroad for the purpose of hauling earth, rock, paving or other materials will not be permitted. If the Contractor, for the purpose of constructing highway-railway grade separation structures, including construction ramps thereto, desires to move equipment or materials across Railroad's tracks, the Contractor shall first obtain permission from Railroad via the State Engineer. Should Railroad approve the temporary crossing, State shall execute a Service Contract with Railroad for Raifroad to construct the temporary crossing. Under the Service Contract, State shall bear the cost of the crossing surface, warning devices and other components that might be required. Notwithstanding State's Service Contract with Railroad, the Contractor is required to execute Railroad's form of Contractor's Haul Road Crossing Agreement. Railroad, at State's expense, shall provide flagmen to control movements of vehicles across the temporary QFC-1775037-3 7 State Agreement No. 03R152 UPRR Folder No.2857-17 crossing. State and its Contractor shall prevent the use of such temporary crossing by unauthorized persons and vehicles. 13-1.05 DELAYS DUE TO WORK BY RAILROAD. If delays due to work by the Railroad occur, and the Contractor sustains loss which, in the opinion of the Engineer, could not have been avoided by the judicious handling of forces, equipment and plant, the amount of said loss shall be determined as provided in Section 8-1.07, " Delays," of the 2010 Standard Specifications. If a delay due to work by the Railroad occurs, an extension of time determined pursuant to the provisions in Section 8-1.10, "Liquidated Damages," of the 2010 Standard Specifications will be granted, 13-1.06 LEGAL RELATIONS The provisions of Section 13-1, "Relations with Railroad Company," and the provisions of Section 13-2, "Railroad Protective Insurance," of these special provisions shall inure directly to the benefit of the Railroad. 13-2 INSURANCE AND ENDORSEMENTS In addition to any other farm of insurance or bonds required under the terms of the contract and specifications, the Contractor will be required to carry insurance of the kinds and in the amounts hereinafter specified. Such insurance shall be approved by the Railroad before any work is performed on the Railroad's property and shall be carried until all work required to be performed on or adjacent to the Railroad's property under the terms of the contract is satisfactorily completed as determined by the Engineer, and thereafter until all tools, equipment and materials have been removed from the Railroad's property and such property is left in a clean and presentable condition. Full compensation for all premiums which the Contractor is required to pay on all the insurance described hereinafter shall be considered as included in the prices paid for the various items of work to be performed under the contract, and no additional allowance will be made thereof or for additional premiums which may be required by extensions of the policies of insurance. The following insurance coverage will be required: A. Commercial General Liability insurance, Commercial general liability (CGL) with a limit of not less than $5,000,0010 each occurrence and an aggregate limit of DEC-1775037-3 8 State Agreement No. 03R152 UPRR Folder No. 2857-17 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 CSD 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 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 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • 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 of California. • 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 DEC-1775037-3 9 State Agreement No. 038152 UPRR Folder No.2857-17 the alternate employer (or a substitute form providing equivalent coverage), D. Railroad Protective Liability Insurance. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $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 30 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of$10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous 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. Cather 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. 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 Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of worm on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage for DLC-1775037-3 10 State Agreement No. 038152 U FRR Folder No.1-857-17 Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. I. 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. J. 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. K. 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. L. 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 of California. M. 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. i FC-1;7$937-3 State Agreement No. 03R152 LIPRR Folder No.2857-17 Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. I. 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. J. 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. K. 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. L. 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 of California. M. 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. DEC-1775037-3 1 State Agreement No. 03R152 UFRR Folder No.2857-17 EXHIBIT F To Construction & Maintenance Agreement Railroad's Minimum Requirements DEC-1775037-3 14 State Agreement No. 03R152 UPRR Folder No. 2857-17 EXHIBIT 7 (to Project Construction documents) UNION PACIFIC RAILROAD MINIMUM REQUIREMENTS PART 1 — GENERAL 1.01 DESCRIPTION This project includes construction work within the Right-of-Way and/or properties of the Union Pacific Railroad Company "UPRR" and adjacent to tracks, wire lines and other facilities_ This section describes the special requirements for coordination with UPRR when work by the Contractor will be performed upon, over or under the UPRR Right-of-Way or may impact current or future UPRR operations. The Contractor will coordinate with UPRR while performing the work outlined in this Contract, and shall afford the same cooperation with UPRR as it does with the Agency. All submittals and work shall be completed in accordance with UPRR Guidelines and AREMA recommendations as modified by these minimum special requirements or as directed in writing by the UPRR Designated Representative. For purposes of this project, the UPRR Designated Representative shall be the person or persons designated by the UPRR Manager of industry and Public Projects to handle specific tasks related to the project. 1.02 DEFINITION OF AGENCY AND CONTRACTOR As used in these UPRR requirements, the term "Agency" shall mean the State of California, by and through its Department of Transportation. As used in these UPRR requirements, the term "Contractor" shall mean the contractor or contractor's hired by the Agency to perform any project work on any portion of UPRR's property and shall also include the contractor's subcontractors and the contractor's and subcontractors respective officer, agents and employees, and others acting under its or their authority. 1.03 UPRR CONTACTS The primary UPRR point of contact for this project is: Peggy J. Ygbuhay Manager Industry and Public Projects Union Pacific Railroad Company 9451 Atkinson Street DFS'-1775037-3 15 State Agreement No. 03R152 UPRR Folder No. 2857-17 Roseville, California 95747 Office Phone: (916) 789-5152 Facsimile: (402) 233-2638 email: Py gbuhay@ug.com For UPRR flagging services and track work, contact: Michael Upton Manager Track Maintenance Union Pacific Railroad Company 10205 Church Street Truckee, CA 96161 Phone: (559) 240-3734 1.04 REQUEST FOR INFORMATION 1 CLARIFICATION All Requests for Information ("RFI") involving work within any UPRR Right-Of- Way shall be in accordance with the procedures listed elsewhere in these bid documents. All RFI's shall be submitted to the Engineer of Record, The Engineer of Record will submit the RFI to the UPRR Designated Representative for review and approval for corresponding to work within the UPRR Right-Of-Way. The Contractor shall allow four (4) weeks for the review and approval process by UPRR. 1.05 PLANS I SPECIFICATIONS The plans and specifications for this project, affecting the UPRR, are subject to the written approval by the UPRR and changes in the plans may be required after award of the Contract. Such changes are subject to the approval of the Agency and the UPRR. PART 2 — UTILITIES AND FIBER OPTIC 2-01 All installations shall be constructed in accordance with current AREMA recommendations and UPRR specifications and requirements. UPRR general guidelines and the required application forms for utility installations can be found on the UPRR website at www.uprr.com. 3.01 GENERAL A. Contractor shall perform all work in compliance with all applicable UPRR and FRA rules and regulations. Contractor shall arrange and conduct all work in such manner and at such times as shall not endanger or interfere with the DEG t 775017-3 16 State Agreement No. 038152 UPRR Folder No. 2857-17 safe operation of the tracks and property of UPRR and the traffic moving on such tracks, or the wires, signals and other property of UPRR, its tenants or licensees, at or in the vicinity of the work. UPRR shall be reimbursed by Contractor or Agency for train delay costs and lost revenue claims due to any delays or interruption of train operations resulting from Contractor's construction work or other activities. B. Construction activities will be permitted within 12 feet of the centerline of operational tracks only if absolutely necessary and UPRR's Designated Representative grants approval. Construction activities within 12 feet of the operational track(s) must allow the tracks to stay operational. C. Track protection is required for all work equipment (including rubber tired equipment) operating within 25 feet from nearest rail. D. The Contractor is also advised that new railroad facilities within the project may be built by UPRR and that certain Contractor's activities cannot proceed until that work is completed. The Contractor shall be aware of the limits of responsibilities and allow sufficient time in the schedule for that work to be accomplished and shall coordinate its efforts with the UPRR. 3.02 RAILROAD OPERATIONS A. The Contractor shall be advised that trains and/or equipment are expected on any track, at any time, in either direction. Contractor shall become familiar with the train schedules in this location and structure its bid assuming intermittent track windows in this period, as defined in Paragraph B below. B. All railroad tracks within and adjacent to the Contract Site are active, and rail traffic over these facilities shall be maintained throughout the Project. Activities may include both through moves and switching moves to local customers. Railroad traffic and operations will occur continuously throughout the day and night on these tracks and shall be maintained at all times as defined herein. The Contractor shall coordinate and schedule the work so that construction activities do not interfere with railroad operations. C. Work windows for this Contract shall be coordinated with the Agency's and the UPRR's Designated Representatives. Types of work windows include Conditional Work Windows and Absolute Work Windows, as defined below: OFC-1775137-3 17 State Agreement No. 03R152 UPRR Folder No. 2857-17 1 Conditional Work Window: A Conditional Work Window is a period of time that railroad operations have priority over construction activities. When construction activities may occur on and adjacent to the railroad tracks within 25 feet of the nearest track, a UPRR flag person will be required. At the direction of the UPRR flag person, upon approach of a train, and when trains are present on the tracks, the tracks must be cleared (i.e., no construction equipment, materials or personnel within 25 feet, or as directed by the UPRR Designated Representative, from the tracks). Conditional Work Windows are available for the Project. 2. Absolute Work Window: An Absolute Work Window is a period of time that construction activities are given priority over railroad operations. During this time frame the designated railroad track(s) will be inactive for train movements and may be fouled by the Contractor. At the end of an Absolute Work Window the railroad tracks and/or signals must be completely operational for train operations and all UPRR, Public Utilities Commission (PUC) and Federal Railroad Administration (FRA) requirements, codes and regulations for operational tracks must be complied with. In the situation where the operating tracks and/or signals have been affected, the UPRR will perform inspections of the work prior to placing that track back into service. UPRR flag persons will be required for construction activities requiring an Absolute Work Window. Absolute Work Windows will not generally be granted. Any request will require a detailed explanation for UPRR review. 3.+03 RIGHT OF ENTRY, ADVANCE NOTICE AND WORK STOPPAGES A. Prior to beginning any work on or over the property of, or affecting the facilities of, the UPRR, the Contractor shall execute the Contractor's Endorsement that is a part of the Right of Entry Agreement to be signed by UPRR and Agency. There is a fee for processing of the agreement. This cost shall be borne by the Contractor. Contractor shall submit a copy of the executed agreement and the insurance policies, binders, certificates and endorsements set forth therein to the Agency prior to commencing work on UPRR property. The right of entry agreement shall specify working time frames, flagging and inspection requirements, and any other items specified by the UPRR. B. The Contractor shall give the advance notice to the UPRR as required in the Right of Entry Agreement before commencing work in connection with construction upon or over UPRR's Right-of-Way and shall observe UPRR's rules and regulations with respect thereto. C. All work upon UPRR's Right-of-Way shall be done at such times and in such manner so as not to interfere with or endanger the operations of UPRR. DEC-1773037-3 18 State Agreement No. 03R152 UPRR Folder No. 2857-17 Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to UPRR's Designated Representative for approval, but such approval shall not relieve the Contractor from liability. Any work to be performed by the Contractor, which requires flagging and/or inspection service, shall be deferred until the flagging protection required by UPRR is available at the gob site. See Section 3.18 for railroad flagging requirements. D. The Contractor shall make requests in writing for both Absolute and Conditional Work Windows, at least two weeks in advance of any work. The written request must include: 1. Exactly what the work entails. 2. The days and hours that work will be performed. 3. The exact location of work, and proximity to the tracks. 4. The type of window requested and the amount of time requested. 5. The designated contact person. The Contractor shall provide a written confirmation notice to the UPRR at least 48 hours before commencing work in connection with approved work windows when work will be performed within 25 feet of any track center line. All work shall be performed in accordance with previously approved work plans. E. Should a condition arising from, or in connection with the work, require that immediate and unusual provisions be made to protect operations and property of UPRR, the Contractor shall make such provisions. If in the judgment of UPRR's Designated Representative such provisions are insufficient, the UPRR's Designated Representative may require or provide such provisions as deemed necessary. In any event, such provisions shall be at the Contractor's expense and without cost to the UPRR. UPRR or the Agency shall have the right to order Contractor to temporarily cease operations in the event of an emergency or, if in the opinion of the UPRR's Designated Representative, the Contractor's operations could endanger UPRR's operations. In the event such an order is given. Contractor shall immediately notify the Agency of the order. 3.04 INSURANCE Contractor shall not begin work upon or over UPRR's Right-of-Way until UPRR has been furnished the insurance policies, binders, certificates and endorsements required by the Right-of-Entry Agreement and UPRR's Designated Representative has advised the Agency that such insurance is in accordance with the Agreement. The required insurance shall be kept in full force and effect during the performance of work and thereafter until Contractor removes all tools, equipment, and material DLC-1775037-3 19 State Agreement No. 03R 152 UPRR Folder No.2857-17 from UPRR's property and cleans the premises in a manner reasonably satisfactory to UPRR. 3.05 RAILROAD SAFETY ORIENTATION All personnel employed by the Contractor and all subcontractors must complete the UPRR course "Orientation for Contractor's Safety and be registered prior to working on UPRR property. This orientation is available at www.contractororientation.com. This course is required to be completed annually. 3.06 COOPERATION UPRR will cooperate with Contractor so that work may be conducted in an efficient manner, and will cooperate with Contractor in enabling use of UPRR's right- of-way in performing the work. 3.07 MINIMUM CONSTRUCTION CLEARANCES FOR FALSEWORK AND OTHER TEMPORARY STRUCTURES The Contractor shall abide by the following minimum temporary clearances during the course of construction, A. 12' — 0" horizontal from centerline of track B. 21' — 6" vertically above top of rail. For construction clearance less than listed above, local Operating Unit review and approval is required. 3.08 APPROVAL OF REDUCED CLEARANCES A. The minimum track clearances to be maintained by the Contractor during construction are specified in Section 3.07 herein. B. Any proposed infringement on the specified minimum clearances due to the Contractor's operations shall be submitted to UPRR's designated Representative through the Agency at least 30 days in advance of the work I)I'.C-1773037-3 20 State Agreement No. 03R152 UPRR Folder No.2857-17 and shall not be undertaken until approved in writing by the UPRR's Designated Representative. C. No work shall commence until the Contractor receives in writing assurance from UPRR's Designated Representative that arrangements have been made for flagging service, as may be necessary and receives permission from UPRR's Designated Representative to proceed with the work. 3.09 CONSTRUCTION AND AS-BUILT SUBMITTALS A. Submittals are required for construction materials and procedures as outlined below. The submittals shall include all review comments from the Agency and the Engineer of Record. All design submittals shall be stamped and signed by a Professional Engineer registered in the State of California. B. The tables below provide UPRR's minimum submittal requirements for the construction items noted. Submittal requirements are in addition to those specified elsewhere in these bid documents. The minimum review times indicated below represent UPRR's requirements only. The Contractor shall allow additional time for the Agency's review time as stated elsewhere in these bid documents. C. Submittals shall be made by the Agency to the UPRR Manager of Industry and Public Projects unless otherwise directed by the Railroad, items in Table 1 shall be submitted for both railroad overpass and underpass projects, as applicable. Items in Table 2 shall be submitted for railroad underpass projects only. TABLE 1 DESCRIPTION SETS UPRR's Minimum ITEM READ, Review Time 1 Shoring design and details 4 4 weeks 2 4 4 weeks Falsework design and details 3 Drainage design 4 4 weeks provisions DEC-1775037-3 21 State Agreement No. 03R'152 UPRR Folder No.2857-]7 4 Erection diagrams and 4 4 weeks sequence 5 Demolition diagram and 4 4 weeks sequence Prior to or during construction of railroad underpass structures, the UPRR requires the review of drawings, reports, test data and material data sheets to determine compliance with the specifications. Product information for items noted in Table 2 be submitted to UPRR's Designated Representative through the Agency for their own review and approval of the material. The signed submittal and the Agency's review comments will be reviewed by UPRR or their consultant. If a consultant performs the reviews, the consultant may reply directly to the Agency or its Designated Representative after consultation with UPRR. Review of the submittals will not be conducted until after review by the Agency or its Designated Representative. Review of the submittal items will require a minimum of four(4) weeks after receipt from the Agency. TABLE 2 ITEM DESCRIPTION SETS NOTES READ. 1 Shop drawings 4 Steel and Concrete members 2 4 For entire structures Bearings 3 Concrete Mix Designs 4 For entire structures 4 Rebar& Strand 4 For superstructure only certifications 5 28 day concrete 4 For superstructure only strength Waterproofing material 6 certifications and 4 Waterproofing & protective boards installation procedure DF[C-1775(]37-3 22 State Agreement No. 03R152 UPRR Folder No.2857-17 Structural steel All fracture critical members 7 4 & other members requiring certifications improved notch toughness Fabrication and Test All fracture critical members 8 4 & other members requiring reports improved notch toughness 9 Welding Procedures 4 AWS requirements and Welder Certification Pile driving, drilled shaft 10 Foundation 4 construction, bearing Construction Reports pressure test reports for spread footings Compaction testing Must meet 95% maximum 11 reports for backfill at 4 dry density, Modified Proctor abutments ASTM D1557 D. As-Built Records shall be submitted to the UPRR within 60 days of completion of the structures. These records shall consist of the following items: Overpass Projects 1. Electronic files of all structure design drawings with as-constructed modifications shown, in Microstation J or Acrobat .PDF format. 2. Hard copies of all structure design drawings with as-constructed modifications shown. Underpass Protects 1. Electronic files of all structure design drawings with as-constructed modifications shown, in Microstation J or Acrobat .PDF format. 2. Hard copies of all structure design drawings with as-constructed modifications shown. 3. Final approved copies of shop drawings for concrete and steel members. 4. Foundation Construction Reports 5. Compaction testing reports for backfill at abutments 3.10 APPROVAL OF DETAILS DEC-1775037-3 23 State Agreement No. 03R152 UPRR Folder No.2857-17 The details of the construction affecting the UPRR tracks and property not already included in the Contract Plans shall be submitted to UPRR's Designated Representative through the Agency for UPRR's review and written approval before such work is undertaken. Review and approval of these submittals will require a minimum of four (4) weeks in addition to the Agency's review time as stated elsewhere in these bid documents. 3.11 MAINTENANCE OF RAILROAD FACILITIES A. The Contractor shall be required to maintain all ditches and drainage structures free of silt or other obstructions which may result from Contractor's operations; to promptly repair eroded areas within UPRR's right of way and to repair any other damage to the property of UPRR, or its tenants. B. All such maintenance and repair of damages due to the Contractor's operations shall be done at the Contractor's expense. C. The Contractor must submit a proposed method of erosion control and have the method reviewed by the UPRR prior to beginning any grading on the Project Site. Erosion control methods must comply with all applicable local, state and federal regulations. 3.12 SITE INSPECTIONS BY UPRR's DESIGNATED REPRESENTATIVE A. In addition to the office reviews of construction submittals, site inspections may be performed by UPRR's Designated Representative at significant points during construction, including but not limited to the following: 1. Preconstruction meetings. 2. Pile driving, drilling of caissons or drilled shafts. 1 Reinforcement and concrete placement for railroad bridge substructure and/or superstructure. 4. Erection of precast concrete or steel bridge superstructure. 5. Placement of waterproofing (prior to placing ballast on bridge deck). DFC-i 775037-3 24 State Agreement No. 03R152 UPRR Folder No.2857-17 6. Completion of the bridge structure. B. Site inspection is not limited to the milestone events listed above. Site visits to check progress of the work may be performed at any time throughout the construction as deemed necessary by UPRR. C. A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and construction sequence for all work to be performed, shall be provided to the Agency for submittal to UPRR's Designated Representative for review prior to commencement of work. This schedule shall also include the anticipated dates when the above listed events will occur. This schedule shall be updated for the above listed events as necessary, but at feast monthly so that site visits may be scheduled. 3.93 UPRR REPRESENTATIVES A. UPRR representatives, conductors, flag person or watch person will be provided by UPRR at expense of the Agency or Contractor(as stated elsewhere in these bid documents) to protect UPRR facilities, property and movements of its trains or engines. In general, UPRR will furnish such personnel or other protective services as follows: 1. When any part of any equipment is standing or being operated within 25 feet, measured horizontally, from centerline of any track on which trains may operate, or when any object is off the ground and any dimension thereof could extend inside the 25 foot limit, or when any erection or construction activities are in progress within such limits, regardless of elevation above or below track. 2. For any excavation below elevation of track subgrade if, in the opinion of UPRR's Designated Representative, track or other UPRR facilities may be subject to settlement or movement. 3. During any clearing, grubbing, excavation or grading in proximity to UPRR facilities, which, in the opinion of UPRR's Designated Representative, may endanger UPRR facilities or operations. 4_ During any contractor's operations when, in the opinion of UPRR's Designated Representative, UPRR facilities, including, but not limited to, tracks, buildings, signals, wire lines, or pipe lines, may be endangered. DEG1775037-3 25 State Agreement No. 03R152 tJMR Folder No.2857-17 5. The Contractor shall arrange with the UPRR Designated Representative to provide the adequate number of flag persons to accomplish the work. 3.14 WALKWAYS REQUIRED Along the outer side of each exterior track of multiple operated track, and on each side of single operated track, an unobstructed continuous space suitable for trainman's use in walking along trains, extending to a line not less than twelve feet (12') from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during work hours while UPRR's flagman service is provided shall be removed before the close of each work day. Walkways with railings shall be constructed by Contractor over open excavation areas when in close proximity of track, and railings shall not be closer than 8' — 6" horizontally from center line of tangent track or 9' — 6" horizontally from centerline of curved track. 3.15 COMMUNICATIONS AND SIGNAL LINES If required, UPRR will rearrange its communications and signal lines, its grade crossing warning devices, train signals and tracks, and facilities that are in use and maintained by UPRR's forces in connection with its operation at expense of the Agency. This work by UPRR will be done by its own forces and it is not a part of the Work under this Contract. 3.16 TRAFFIC CONTROL Contractor's operations that control traffic across or around UPRR facilities shall be coordinated with and approved by the UPRR's Designated Representative. 3.17 CONSTRUCTION EXCAVATIONS A. The Contractor shall be required to take special precaution and care in connection with excavating and shoring. Excavations for construction of footings, piers, columns, wails or other facilities that require sharing shall comply with requirements of OSHA, AREMA and UPRR "Guidelines for Temporary Shoring' B. The Contractor shall contact UPRR's "Call Before Your Dig" at least 48 hours prior to commencing work at 1-800-336-9193 during normal business hours (6:30 a.m. to 8:96 p.m. central time, .Monday through Friday, except holidays - DFC-1775037-3 26 0 State Agreement No. 03R152 UPRR F=older No.2857-17 also a 24 hour, 7 day a week number for emergency calls) to determine location of fiber optics. If a telecommunications system is buried anywhere on or near UPRR property, the Contractor will co-ordinate with UPRR and the Telecommunication Company(ies) to arrange for relocation or other protection of the system prior to beginning any work on or near UPRR property. 3.18 RAILROAD FLAGGING Performance of any work by the Contractor in which person(s) or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach within twenty-five (25) feet of any track, may require railroad flagging services or other protective measures. Contractor shall give the advance notice to the UPRR as required in the "Contractor's Right of Entry Agreement" before commencing any such work, so that the UPRR may determine the need for flagging or other protective measures to ensure the safety of the railroad's operations. Contractor shall comply with all other requErements 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. 3.19 CLEANING OF RIGHT-OF-WAY Contractor shall, upon completion of the work to be performed by Contractor upon the premises, over or beneath the tracks of UPRR, promptly remove from the Right-of-Way of UPRR all of Contractor's tools, implements, and other materials whether brought upon the Right-of-Way by Contractor or any subcontractors, employee or agent of Contractor or of any subcontractor, and leave the Right-of- Way in a clean and presentable condition to satisfaction of UPRR. DEC-1775037-3 27